Sarieva F.M.
DEVELOPMENT OF «IT LAW» IN KAZAKHSTAN *
Аннотация:
this paper discusses the problems associated with the development of IT law in Kazakhstan. The relevance of this topic is due to the active development of the information economy and digital infrastructure in the country. In this regard, the need to develop new approaches to legal regulation is becoming more and more obvious, since the modern digital economy differs from the traditional economy in that information and data are the main assets and resources.
Ключевые слова:
information, information technology, law, information security, cybersecurity
IntroductionWith the advancement of information technology worldwide, the regulation of relationships in this sphere becomes increasingly relevant. In Kazakhstan, the IT industry is one of the fastest-growing sectors, making the need for legal regulation in this field undeniable. In this research work, we will examine the development of IT Law in Kazakhstan, its key stages, and prospects.The development of IT law is a highly relevant topic for Kazakhstan, as the country actively promotes its digital economy and digital infrastructure. The modern digital economy requires new approaches to legal regulation, as it differs from traditional economies in that information and data are the primary assets and resources. Kazakhstan has already adopted a series of laws and regulatory acts in the field of IT law, such as the Data Protection Act, the Electronic Digital Signature Act, the E-Commerce Act, the Consumer Rights Protection Act, and others. However, given the rapid development of technologies and changes in the ways information and data are used, it is necessary to constantly update and supplement the legal framework, as well as develop new provisions and rules that can regulate new types of activities and technologies. IT law in Kazakhstan includes legal aspects related to information technology, including:- Legislation on personal data protection- Legislation on copyright protection for software, databases, and other intellectual property objects- E-commerce legislation- Legislation on cybercrimes and cybersecurity- Regulation of electronic signatures and electronic documents- Legal regulation of telecommunications and communication- Legislation on access to information and internet resources- Legal regulation of open data and open-source software- Legal aspects of software and hardware development, use, and protection.The goal of developing information technology in Kazakhstan is the significant increase in the volume of information turnover, the contemporary role of information in human life, and the opportunity and right of individuals to access information, which is one of the key constitutional rights of a person. Ensuring the conditions for the realization of this right is a fundamental indicator of state openness, an essential condition for the functioning of civil society, and transparent government administration.The following tasks have been set:1. Familiarize oneself with the importance of studying the latest topics in the field of cybersecurity, data protection, forensic expertise, and the regulation of IT products.2. Provide expert assessment of legal risks associated with entrepreneurship in the field of information technology.3. Analyze potential legal perspectives and trends in existing legislation.4. Demonstrate in-depth knowledge of the legal foundations for regulating digital products in the civil and entrepreneurial sphere.Legal problem: The Kazakhstani IT services and e-commerce market is continually growing, however, the country still faces several challenges in the development of IT law:1. Insufficient legislative framework: Kazakhstan lacks specific laws regulating the IT industry, and most existing laws do not meet the modern markets needs.2. Low level of legal literacy: Many users and entrepreneurs are unaware of their rights and obligations in the field of IT, which can lead to violations and conflicts.3. Ineffective rights protection system: Protecting ones rights online in Kazakhstan is challenging, especially when dealing with foreign companies and services.4. Inadequate cybersecurity development: Kazakhstani companies and the government do not invest enough resources and efforts into ensuring cybersecurity, which can result in data breaches, cyberattacks, and other issues.5. Lack of qualified professionals: There is a shortage of experts with knowledge and experience in IT law and cybersecurity.The development of "IT Law" in Kazakhstan has both scientific and practical significance.Scientific significance includes the following:- The development of "IT Law" in Kazakhstan contributes to the advancement of legal science as a whole.- This field allows for the examination of new and complex legal issues related to the use of modern information technologies.- The development of "IT Law" in Kazakhstan helps shape new legal concepts and principles that can be utilized in other countries.Practical significance includes the following:- The development of "IT Law" in Kazakhstan promotes the improvement of legal regulation in the field of information technology.- This field enables the creation of new and effective legal mechanisms to protect the rights and interests of users and companies in the IT sector.- The development of "IT Law" in Kazakhstan helps reduce risks for companies associated with violating legislation in the field of information technology.- This field contributes to enhancing legal practices in the realm of information technology."Thus, the development of IT Law in Kazakhstan is of great importance both for the science of law and for the practical application of legal norms and mechanisms in the field of information technology."A comparison of IT Law development in Kazakhstan with other countries demonstrates that Kazakhstan is in the early stages of developing this legal field compared to more advanced nations. For instance, the United States has well-developed legislation in the field of information technology, including the Privacy Act and the Electronic Commerce Act. These laws establish rules for the processing of personal data, electronic signatures, electronic commerce, and other matters related to the use of information technology.In the European Union, there is also extensive legislation concerning the protection of personal data, including the General Data Protection Regulation (GDPR), which establishes rules for the collection, storage, use, and dissemination of personal data. Additionally, there is the Directive on Electronic Commerce, which regulates the rules of electronic commerce and consumer protection.In Russia, there is also a regulatory framework governing the use of information technologies, including the Federal Law "On Personal Data" the Federal Law "On Information, Information Technologies, and Information Protection" and others.In turn, in Kazakhstan at the moment, there are only a few laws related to information technology, but the government of the country is working on improving legislation in this area. Within the framework of the National Program "Digital Kazakhstan" laws on electronic documents, electronic digital signatures, and online business have been adopted. However, Kazakhstan has not yet adopted a law on personal data, which could be an obstacle to the development of the IT industry and e-commerce in the country.Thus, it can be concluded that Kazakhstan is in the early stages of developing IT law compared to developed countries, but the government is working on it.To compare the legislation of the Republic of Kazakhstan with the legislation of foreign states on IT law, you can consider some key aspects, such as:1. Data Protection Legislation. Some foreign countries have stricter data protection laws than Kazakhstan. For instance, in the European Union, there is a common data protection regulation (GDPR) that requires consent for the processing of personal data and obligates companies to notify users of data security breaches.2. Cybercrime Legislation. In Kazakhstan, a law on cybercrime has been enacted, but in some foreign countries, cybercrime laws more comprehensively regulate various types of cybercrimes, such as hacking, phishing, cyber extortion, and so on. 3. Intellectual Property Protection Legislation. Kazakhstan has legislation on the protection of intellectual property, but some foreign countries have more advanced legislation in this area. For example, in the United States, there is the Digital Millennium Copyright Act (DMCA), which regulates the use of digital technologies and protects copyright in the online environment.4. E-commerce Legislation. In Kazakhstan, an e-commerce law has been adopted, but some foreign countries have more advanced legislation in this area. For example, in Japan, there is a law on consumer protection in e-commerce that regulates consumer rights when purchasing goods and services on the Internet.5. Information awareness and raising the publics knowledge about legal matters in the field of information technology. It is necessary to conduct informational campaigns, seminars, and training sessions that will help the population understand their rights and responsibilities in the IT sector, as well as protect their interests when using information technology."Thus, the legislation of the Republic of Kazakhstan in the field of IT law has some differences from the legislation of foreign states and can be both more advanced and less strict in certain areas."The solution to the development of "IT Law" in Kazakhstan may include the following recommendations:1. Strengthening legal education and training in the field of IT Law. It is necessary to create specialized training programs for lawyers and IT professionals. This can be achieved by utilizing existing educational programs and developing new ones that incorporate the study of modern technologies and technological innovations.2. Establishing a specific legal framework for the IT industry. It is essential to develop and enact laws that regulate the IT sector and protect the rights and interests of users and companies. This will create a favorable investment environment for the development of the IT industry in Kazakhstan.3. Enhancing international cooperation. It is crucial to strengthen ties with international organizations that focus on the development of IT Law and the exchange of experience in this field. This will allow the utilization of best practices and technologies for the advancement of IT Law in Kazakhstan.4. Creating mechanisms for the effective implementation of legal norms in the field of information technology. It is necessary to establish a monitoring and compliance system for legal norms in the IT sector, as well as mechanisms to ensure their enforcement. This will protect the rights and interests of users and companies in the field of information technology.ConclusionThe development of IT Law in Kazakhstan is one of the key directions in the countrys development in the digital era. Currently, the government is actively working on improving the regulatory framework in the field of information technology, which is necessary to stimulate the development of the IT industry and e-commerce in the country.However, it is important to note that Kazakhstan is still in the early stages of IT Law development compared to more advanced countries, which can be an obstacle to attracting investments in the IT sector and limiting the growth of e-commerce in the country.Therefore, for the successful development of IT Law in Kazakhstan, it is necessary to enhance the regulatory framework in this area, including the adoption of a data protection law, as well as creating conditions to attract investments in the IT industry and support the development of small and medium-sized businesses in the field of information technology.
Номер журнала Вестник науки №1 (82) том 1
Ссылка для цитирования:
Sarieva F.M. DEVELOPMENT OF «IT LAW» IN KAZAKHSTAN // Вестник науки №1 (82) том 1. С. 53 - 59. 2025 г. ISSN 2712-8849 // Электронный ресурс: https://www.вестник-науки.рф/article/20550 (дата обращения: 10.02.2025 г.)
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