scholarly journals Digital society, artificial intelligence and modern civil law: challenges and perspectives

2021 ◽  
Vol 109 ◽  
pp. 01016
Author(s):  
Vladimir Kamyshanskiy ◽  
Dmitry Stepanov ◽  
Irina Mukhina ◽  
Dina Kripakova
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Negative Impact ◽  
Civil Law ◽  
Digital Society ◽  
Legal Personality ◽  
Property Relations ◽  
Legal Fiction ◽  
Artificial Intelligence Technology ◽  
Full Solution

The article analyses the problems of civil law regulation of relations arising in the digital society. The property relations, the civil turnover sphere is increasingly shifting to various kinds of electronic platforms. The process was further accelerated by the COVID-19 coronavirus pandemic. The development and application of artificial intelligence technologies bring forward the problem of ensuring safety for humans from the negative impact of such technologies, minimizing threats to their life and health. Due to the virtuality of artificial intelligence as a social phenomenon, a product, a good created by man, the application of traditional legal means to regulate social relations connected with the application of artificial intelligence technologies at present does not provide a full solution to a number of uncertainties arising on the market of goods, works and services. To this end, it is proposed to form a new legal fiction in civil law at the level of scientific doctrine to resolve legal uncertainties arising in civil turnover due to the use of artificial intelligence technologies. It is about formalizing artificial intelligence technology as a subject of law as an “electronic person” or “electronic legal entity” bringing together several legal entities with a special legal personality.

scholarly journals Constitutional and Legal Status of Artificial Intelligence in Russia: Present and Future

Lex Russica ◽  
2020 ◽  
pp. 78-85
Author(s):  
A. V. Nechkin
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Main Element ◽  
Current Form ◽  
Legal Personality ◽  
Socioeconomic Rights ◽  
Artificial Intelligence Technology

In the paper, the author uses general scientific and specific scientific methods of cognition to scrutinize the problems of constitutional and legal regulation of public relations in Russia, related to the widespread introduction of artificial intelligence technology. Based on the results of the research, the author concludes that modern Russian constitutional legislation, even in its current form, makes it possible to regulate the nascent social relations associated with the widespread introduction of artificial intelligence technology. In particular, it is noted that the provisions of the Constitution of the Russian Federation allow for an expanded interpretation of the concept "personality", covering not only a person, but also highly developed artificial intelligence. According to the author, the constitutional and legal status of highly developed artificial intelligence should be based on the image and likeness of the constitutional and legal status of a person. The only exceptions should be the following. First is legal personality, which by its legal nature should be extremely close to the legal personality of bodies and organizations and should arise from the moment the relevant decision is made by the competent state authority. Rights, freedoms and obligations should imply a limited amount of personal rights and freedoms, the complete absence of political and socioeconomic rights. The last exception is the limited passive dispositive capacity of artificial intelligence. In addition, the main element in the structure of the constitutional and legal status of artificial intelligence in Russia should be universal restrictions on its rights and freedoms, which would serve as analogues of natural human physiological restrictions and would not allow artificial intelligence to acquire evolutionary advantages over humans. Thus, the structure of the constitutional and legal status of artificial intelligence as a person can and should in the future look like this: legal personality; rights, freedoms and duties; guarantees that ensure the implementation of rights and freedoms; universal restrictions on rights and freedoms.

scholarly journals SOME QUESTIONS OF CRIMINAL LEGAL RESPONSIBILITY IN THE FIELD OF APPLICATION OF ARTIFICIAL INTELLIGENCE SYSTEMS AND ROBOTICS

2020 ◽  
Vol 30 (3) ◽  
pp. 382-388
Author(s):  
G.G. Kamalova
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Criminal Liability ◽  
Current Level ◽  
Legal Responsibility ◽  
High Tech ◽  
Legal Personality ◽  
Strong Artificial Intelligence ◽  
Artificial Intelligence Technology ◽  
Artificial Intelligence Systems

The article discusses the problems of improving criminal law in the context of the development of one of the types of breakthrough digital technologies - artificial intelligence. The author notes that the explosive development in this area has led to the growth of high-tech crime, a special place among which is occupied by crimes using tools of artificial intelligence technology. Since the subjects of criminal activity traditionally use advanced technologies, at present such crimes are already represented by fraud, computer information crimes, terrorism, violations in the field of road safety, violation of the right to privacy and a number of others. Although there are no special offenses related to artificial intelligence in the criminal law today, this does not mean that existing norms cannot be applied to traditional subjects. Given the current level of development of artificial intelligence technology, it is now necessary to strengthen criminal liability for the compositions provided for by the current Criminal Code of the Russian Federation by introducing an appropriate qualifying attribute. With the recognition of the legal personality of artificial intelligence systems and robots, one of the key issues of applying criminal law rules to them will be the question of the subjective side of the committed act. The lack of “strong” artificial intelligence and the current level of development of solutions and devices based on artificial technology allow us to limit ourselves to classifying the facts of their use as components of the objective side of the crime.

scholarly journals Artificial intelligence as a potential subject of property and intellectual property relations

2020 ◽  
Vol 9 (1) ◽  
pp. 231-250
Author(s):  
Kateryna Nekit ◽  
Vira Tokareva ◽  
Volodymyr Zubar
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Capacity ◽  
Legal Personality ◽  
Potential Subject ◽  
Property Relations ◽  
The Status ◽  
The Right

The article analyzes the possibility to provide legal capacity to artificial intelligence, which would lead to the emergence of a new subject in legal relations. The aim of the article is to reveal whether it is possible to recognize, that artificial intelligence is able to have property and intellectual property rights. To achieve this aim, dialectical, comparative, dogmatic and legal methods are used. It is noted that according to recent studies, there are more and more grounds for recognizing artificial intelligence as subjects of legal relations. Particular attention in the article is paid to the specifics of the status of artificial intelligence in property relations. The consequences of empowering artificial intelligence with the right to property are analyzed. The conclusion is drawn on the appropriateness of such an approach, since this will solve the problem of liability for damage caused by artificial intelligence. The possibility of endowing artificial intelligence with property on the basis of trust before resolving the issue of its legal personality is proposed. Modern approaches to the problem of rights to objects of creativity created by artificial intelligence are considered in the article. The options for the distribution of rights to such objects are analyzed depending on the degree of human participation in their creation and on the level of complexity of the artificial intelligence that creates these objects. The general conclusion is made about the possibility to qualify artificial intelligence as a subject of legal relations, in particular, of property and intellectual property relations.

scholarly journals ARTIFICIAL INTELLIGENCE TECHNOLOGY AND LAW: CHALLENGES OF OUR TIME

2020 ◽  
pp. 524-549
Author(s):  
Y. S. Kharitonova ◽  
◽  
V. S. Savina ◽  
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Intelligent Systems ◽  
Legal Regulation ◽  
Original Result ◽  
Legal Personality ◽  
Blockchain Technology ◽  
Legal Science ◽  
Artificial Intelligence Technology ◽  
Artificial Intelligence Systems

Introduction: the article deals with the issues concerning the protection of the rights to digital content created with the use of artificial intelligence technology and neural networks. This topic is becoming increasingly important with the development of the technologies and the expansion of their application in various areas of life. The problems of protecting the rights and legitimate interests of developers have come to the fore in intellectual property law. With the help of intelligent systems, there can be created not only legally protectable content but also other data, relations about which are also subject to protection. In this regard, of particular importance are the issues concerning the standardization of requirements for procedures and means of storing big data used in the development, testing and operation of artificial intelligence systems, as well as the use of blockchain technology. Purpose: based on an analysis of Russian and foreign scientific sources, to form an idea of the areas of legal regulation and the prospects for the application of artificial intelligence technology from a legal perspective. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods (legal-dogmatic and the method of interpretation of legal norms). Results: analysis of the practice of using artificial intelligence systems has shown that today intelligent algorithms include a variety of technologies that are based on or related to intelligent systems, but not always fall under the concept of classical artificial intelligence. Strictly speaking, classic artificial intelligence is only one of the intelligent system technologies. The results created by autonomous artificial intelligence have features of works. At the same time, there are some issues of a public law nature that require resolution: obtaining consent to data processing from the subjects of this data, determining the legal personality of these persons, establishing legal liability in connection with the unfair use of data obtained for decision-making. Standardization in the sphere and application of blockchain technology could help in resolving these issues. Conclusions: in connection with the identified and constantly changing composition of high technologies that fall under the definition of artificial intelligence, there arise various issues, which can be divided into some groups. A number of issues of legal regulation in this area have already been resolved and are no longer of relevance for advanced legal science (legal personality of artificial intelligence technology); some issues can be resolved using existing legal mechanisms (analysis of personal data and other information in course of applying computational intelligence technology for decision-making); some other issues require new approaches from legal science (development of a sui generis legal regime for the results of artificial intelligence technology, provided that the original result is obtained).

Theoretical and legal problems of dynamics of changes of the civil law

10.12737/983 ◽  
2013 ◽  
Vol 1 (4) ◽  
pp. 205-208
Author(s):  
Георгий Писарев ◽  
Georgiy Pisarev
Keyword(s):  
Institutional Change ◽  
Legal System ◽  
Negative Impact ◽  
Civil Law ◽  
System Change ◽  
Property Relations ◽  
Legal Problems ◽  
Strategic Goals ◽  
Theoretical Developments

The ongoing reform in the Russian civil legislation is estimated by the author considering theoretical developments on the forms of institutional change. On the example of the influence of new legislation on property relations, in this article we prove the absence of a key element for this type of transformation. Reform of the civil law has no common strategic goals in the entire legal system. The absence of one time and system change of regulation not only in the sphere of civil law, but also in the land, administrative and other industries could have a negative impact on the efficiency of transformation.

scholarly journals Social Aspects of the Consequences of Artificial Intelligence Decision Making in a Digital Society

2021 ◽  
Vol 27 (2) ◽  
pp. 90-108
Author(s):  
Sergey Neizvestny
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Social Relations ◽  
Training System ◽  
Educational Process ◽  
Social Aspects ◽  
Negative Consequences ◽  
Digital Society ◽  
Digital World ◽  
The Impact

In recent decades, almost all areas of human activity are undergoing rapid digitalization and the introduction of artificial intelligence, which fundamentally affect social relations within society. In addition to the obvious benefits of using human-like intelligence in the modern digital world, there may also be negative consequences associated, first of all, with the processes of making important, large-scale management decisions by the cyber-management of a digital society. The problem of the impact on social security of decision-making by artificial intelligence in a digital society has not been sufficiently studied. The article considers the main social aspects of the problems related to the consequences of artificial intelligence making decisions. The main focus is the impact of decisions made by cyber managers on the social stability of a digital society. Some features of the emerging social relations “human – artificial intelligence”, “Manager – Cyber-manager” are considered. Based on analyzing the impact of the consequences of decision-making by artificial intelligence on social relations, a number of changes in the training system for digitalization processes are proposed, and requirements for the competence of specialists in developing and operating human-like intelligence are formulated. Based on the practical requirements of the modern IT sphere, the author has developed and introduced into the educational process a number of cycles of interdisciplinary lectures and practical seminars for future IT specialists in a digital society. A number of solutions to pedagogical problems related to the development of the analytical and creative abilities of future specialists, of architects and developers of cyber-systems and of managerial decision-making are proposed.

scholarly journals Consideration of artificial intelligence through the prism of legal personality

2021 ◽  
pp. 158-164
Author(s):  
A.H. Rustamzade ◽  
I.M. Aliyev
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Legal Responsibility ◽  
Wrong Decision ◽  
Legal Personality ◽  
Speed Of Information Processing ◽  
Dead End ◽  
The Subject

The article notes that today the global problem is the almost complete absence of normative legal regulation of the functioning and activities of artificial intelligence and standardization in this area should be implemented at the global level. However, the world community is just beginning to realize the real and potential nuances of the influence of fully automated systems on vital areas of social relations, on the growth of ethical, social and legal problems associated with this trend. The authors poses the question of who will directly be responsible for the wrong decision implemented in life proposed by “artificial intelligence” and various options for answering it are proposed. Only a conscious subject can be the subject of responsibility, and since weak systems do not have autonomy, on them, i.e. artificial intelligence cannot be blamed. Measures of legal liability are simply not applicable to it, for example, the elementary impossibility of artificial intelligence to recognize the consequences of its harmful actions. In conclusion, it is proved that with all its development and the speed of information processing, many times exceeding even the potential capabilities of a person, artificial intelligence remains a program with material and technical support tied to it. Only a person is responsible for the actions of mechanisms, is tested for strength. As for the direct responsibility of artificial intelligence, in the current legal and social conditions, the question of its hypothetical responsibility is of a dead-end nature, since the measures of legal responsibility are simply inapplicable to it, for example, it is elementary for artificial intelligence to realize the consequences of its harmful actions. Even if artificial intelligence can simulate human intelligence, it will not be self-aware, and therefore artificial intelligence can in no way claim any special fundamental rights

scholarly journals ON THE ISSUE OF THE NEED FOR THE INSTITUTION OF LEGAL PERSONALITY OF ARTIFICIAL INTELLIGENCE AT THE PRESENT DEVELOPMENT STAGE OF THE RULE-OF-LAW STATE

2020 ◽  
Vol 16 (3) ◽  
pp. 23-33
Author(s):  
Светлана Горохова
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Development Stage ◽  
Legal Capacity ◽  
Present Stage ◽  
The Rule Of Law ◽  
Legal Personality ◽  
Strong Artificial Intelligence

An urgent problem of transforming Russian legal system at the present stage of its development is to find an optimal balance in determining fundamental approaches to the legal regulation of public relations complicated by cyberphysical systems, artificial intelligence, various types of robots and robotics objects, as well as to consider the possibility of giving legal personality to weak and strong artificial intelligence in various branches of law and legislation. Purpose: analysis of the issues related to determining the legal status of artificial intellectual systems, taking into account modern requirements dictated by scientific and technological progress, the development of social relations, and the rule-of-law principles, aimed at ensuring respect for the individual rights and legitimate interests, society and the state Methods: on the basis of dialectical and metaphysical methods, general scientific (analysis, synthesis, comparative law, etc.), and specific scientific (legal-dogmatic, cybernetic, interpretation) methods of scientific knowledge are used. Results: at the present stage of technological development, we should talk about the existence of a weak narrow-purpose AI (Narrow AI) and a strong General-purpose AI (General AI). Super-strong intelligence (Super AI) does not yet exist, although its development is predicted in the future. Narrow AI, of course, can not reach natural intelligence, so, based on its internal properties, it can not be considered a subject in relations under any circumstances. In contrast to narrow AI (Narrow AI), General AI (GAI) has a developed intelligence comparable to that of a human in certain characteristics. The theoretical discussion of giving an artificial intelligence the status of a subject or a “quasi” subject of law makes sense only for technological solutions in the rank of General AI and Super AI. In the case of an AIS, it can only be a question of partial legal capacity. Partial legal capacity is a status that applies to subjects that have legal capacity only in accordance with specific legal norms, but are otherwise not obligated or entitled. Therefore, when choosing the concept of legislative assignment of partial legal capacity to the AIS, it is necessary to determine which specific rights or “right obligations” will be granted to General AI and Super AI.

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