Reforming National Law in the Context of Digital Transformation
Autor | Olga Verbovaya, Bayan Ashyraliyeva, Gulmira Kaliyeva, Zhana Salimbayeva, Roza Sagalbayeva |
Cargo | PhD in Law. She is an Associate Professor at the School of Politics and Law in the Almaty Management University / Candidate of Law, Associate Professor of KKSON RK, Associate Professor at the Department of Social and Humanitarian Sciences in the University of International Business named after Kenzhegali Sagadiyev, 050010, 8a Abay Ave., Almaty,... |
Páginas | 278-302 |
278
Reforming National Law in the Context of Digital Transformation ... (p. 278-302)
VERBOVAYA, O.; ASHYRALIVEVA, B.; KALIYEVA, G.; SALIMBAYEVA, Z.; SAGALBAYEVA,
R.
Reforming Na tional Law in th e Context of Digit al Transformation: K ey Challenges and Prospects for Developm ent
.
The Law, Sta te and Telecommunicat ions Review
, v. 16, no. 1, p. 278-302, May 2024.
Reforming National Law in the Context of Digital
Transformation: Key Challenges and Prospects for
Development
Submitted
: 20 April 2023
Olga Verbovaya*
https://orcid.org/0000-0002-6032-8417
Bayan Ashyraliyeva**
https://orcid.org/0000-0002-8598-4808
Gulmira Kaliyeva***
https://orcid.org/0000-0001-6042-5965
Zhana Salimbayeva****
https://orcid.org/0000-0002-3448-5451
Roza Sagalbayeva*****
https://orcid.org/0009-0006-2946-1670
DOI: https://doi.org/10.26512/lstr.v16i1.48168
Reviewed
: 12 July 202 3
Revised
: 11 August 2023
Accepted
: 14 August 2023
Article submitted to peer blind rev iew
Licensed under a Creative Common s Attribution 4.0 International
Abstract
[Purpose]
The pur pose of this article is to identify the main cha llenges and p rospects of
national legislation in Kazakhstan and to determine the development vectors for selected
branches of la w in the context of digitali sation.
[Methodology/Approach/Design]
The study employed the fo llowing method s: analysis
and synthesis, sta tistical analysis , rating method, and comparison. Th e study identified key
innovations in Kazakhstan’s legal framewo rk for digitalisation. The mai n objectives in the
implementatio n of the Digital Ka zakhstan state programme and the key target indicat ors
*
PhD in Law. She is an Associate Profe ssor at the School of Politics and Law in the Almaty
Management University. Address: Sc hool of Politics and La w, Almaty Managemen t
University, 0500 60, 227 Rozybakiyev Str., Alma ty, Republic of Kazakhstan. E -mail:
olgaverbovaya 16@gmail.com.
**
Candidate of La w, Associate Professor of KKSO N RK, Associate Professor a t the
Department of Socia l and Humanita rian Sciences in the University of International
Business nam ed after Kenzhegali Sag adiyev, 050010, 8a Aba y Ave., Almaty, Repub lic of
Kazakhstan. E-mail: ashyraliyeva.ba@ outlook.com.
***
Candidate of Law, Associate Prof essor at the Department of Social and Humanitar ian
Sciences in the University of International Business named after Kenzhegali Sagadiyev,
050010, 8a Ab ay Ave., Almaty, Republic of Kazakhstan. E- mail: kaliyeva_g@proton .me.
****
Associate Professor at the D epartment of Jurisprudence in the Almaty Br anch of the
Saint-Petersb urg Humanitarian University of Trade Union, 050004, 9/11 haiko vskiy Str.,
Almaty, Repu blic of Kazakhstan. E- mail: salimbayeva.z@h otmail.com.
*****
Associate Profe ssor at the Depar tment of Law in the Eurasian Technolog ical
University, 050 000, 109 b Tole b i Str., Alm aty, Repu blic of K azakhstan. E-mai l:
ro_sagalbayeva@protonmail.com.
Reforming National Law in the Context of Digital Transformation ... (p. 278-302) 279
VERBOVAYA, O.; ASHYRALIVEVA, B.; KALIYEVA, G.; SALIMBAYEVA, Z.; SAGALBAYEVA,
R.
Reforming Na tional Law in th e Context of Digit al Transformation: K ey Challenges and Prospects for Developm ent
.
The Law, Sta te and Telecommunicat ions Review
, v. 16, no. 1, p. 278-302, May 2024.
defined within this programme have been studied, and the resu lts of the implementation of
this programm e have been assessed.
[Findings]
The dynami cs of e-government and e-participation indices for the Rep ublic of
Kazakhstan are examined.
[Practical Implications]
The find ings of the s tudy can be used by public authorities and
policymakers to improve the efficiency of further decis ion-making rega rding the
transformation of national law in the con text of digital transforma tion.
[Originality/Value]
The findings of this study have provided an outline of the main
challenges and prospects for natio nal law in the contex t of digitalisation, revealing the
trends for the further deve lopment of individual branc hes of law.
Keywords:
Legislative Framework. Regulator y Act. Development Index. E-Govern ment.
E-Participation . Innovation.
INTRODUCTION
Modernity has been d escribed as an “age of digital technology”,
penetrating deeper and deeper into all areas of human life and activities. The topic
of digital transformation or digitalisation has become one of the most topical in
both the acad emic and economic-political spheres (Kraus et al., 2021; Nadkarni
& Prugl, 2021; Verhoef et al., 2 021). This is due to some benefits that
digitalisation brings to economic, industrial, business, and societal growth in
developed and developing countries, as well as many possible threats that are
generated during its implementation (Myovella et al., 2020; Hai et al., 2021 ;
ElMassah & Mohieldin, 2020). Moreover, digitalisation plays an important role
in sustainable development and the circular economy, which are among the most
relevant concepts in most economies and policies worldwide (Agrawal et al.,
2022; Misiuk et al., 2020).
Digitalisation, in its most general form, can be understood as the process
of shifting from traditional ways of transmitting information to digital ones, which
involves high-tech devices such as extra powerful computers, smartphones, and
laptops, linking them electronically in cyb erspace (Ondashuly, 2018;
Honcharenko & Shyhal, 2021). Today, digitalisation is widely applied in the
economy, giving rise to the concept of a “digital economy” in which the primary
resource is information. The definition of the digital economy was first articulated
at the 2016 G20 Leaders’ Summit in Hangzhou: the digital economy derives from
a range of economic activities aimed at effective applications in communications
technology and improving the economic structure (Pan et al., 2022). The concept
of the digital economy can be better described as a vast area of economic activity
where digitised information and knowledge are the main factors of production,
electronic information networks are the space for such activity, and information
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