scholarly journals Legal Problems of Digitalization: Theoretical and Legal Aspects

Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Social Regulation ◽  
Legal Studies ◽  
Legal Problems ◽  
The Social ◽  
Analysis And Synthesis ◽  
Actual Change

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.

scholarly journals Indiscreet Charm of Digitalization

Legal Concept ◽  
2019 ◽  
pp. 40-47
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko ◽  
Alexey Mamychev
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Social Order ◽  
Large Scale ◽  
Technology Development ◽  
Legal Regulation ◽  
Social Regulation ◽  
Modern World ◽  
Analysis And Synthesis ◽  
The Law

Introduction: digitalization is a new trend of social development on the whole and the legal and political regulation in particular. The digitalization tempts and fascinates, attracts by its novelty and modernity. The idea of a fundamental change in the social order and social regulation under the digitalization influence in a broad sense is in the air and is already perceived as an axiom. At the same time, most people, both non-specialists in the area of social regulation, and even narrow professionals, will find it difficult to answer the question: what exactly will fundamentally change in the world, in society and in the economy, with the widespread introduction of digital technologies? As a result, the publications in the media and many scientific works resemble Hollywood blockbuster scenarios in the technocratic dystopia style, which leads researchers away from solving real problems of the legal regulation of changing social relations. The purpose of the study: to determine the model of interaction of law and digitalization in relation to the current level of technology development. Research objectives: to define the concept of digitalization; to consider the main trends in research on issues related to the large-scale spread of digitalization and artificial intelligence (AI) technologies; to determine the limits of the real impact of digitalization on the law and legal regulation. Methods: the system, structural and functional methods, the methods of analysis and synthesis, expert evaluation. Results: the paper describes one of the trends of modern interdisciplinary research, called by the authors “the effect of digitalization”. In relation to the sphere of legal regulation, the effect of digitalization is manifested in an attempt to see the fundamental novelty in relations using the latest technical means; the relations carried out in electronic form and/or using digital, network, telecommunication technologies, artificial intelligence. It is argued that the mediation of social relations with the latest technologies does not always lead to the change in the essence of relations and the need to create fundamentally new models of social regulation. Conclusions: digitalization in relation to the law appears in the modern world in two qualities: as an independent social phenomenon and as a tool designed to give the legal mechanisms efficiency and accessibility. At the present level of technology development the digitalization in relation to the law should be considered as a tool to improve the legal regulation quality. The Russian practice of “digitalization for the sake of digitalization” is dangerous and inefficient in social and economic terms.

scholarly journals Ethical issues of digitalization

2021 ◽  
Vol 7 (3) ◽  
pp. 539-547
Author(s):  
Yana V. Gaivoronskaya ◽  
Roman I. Dremliuga ◽  
Alexey Y. Mamychev ◽  
Olga I. Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
New Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Managerial Decisions ◽  
Legal Problems ◽  
Robotic Devices ◽  
Robotic Technologies

The research objective of the paper is to generalize the ethical problems associated with the development and implementation of autonomous robotic technologies (autonomous robotic devices, ARD) in the civil and military spheres. Unresolved ethical problems hinder the development of legal regulation of new technologies. The authors propose a typology of ethical problems of digitalization for the purpose of creating legal regulation concerning the use of artificial intelligence (AI) and other technologies. Depending on the scope of social relations covered and the forms of regulation proposed, the authors identified four groups of ethical problems of global digitalization, which are considered in the paper: philosophical, humanitarian, socio-ethical, and ethical-legal problems. It is concluded that the legitimacy of managerial decisions that endow robotic technologies with the potential to make decisions in the civil and military spheres should be determined in terms of ethical principles of regulating such relations.

Artificial Intelligence from an Interdisciplinary Perspective: Philosophical and Legal Aspects

2021 ◽  
Vol 64 (5) ◽  
pp. 57-70
Author(s):  
Sergey V. Ablameyko ◽  
Maria S. Ablameyko
Keyword(s):  
Artificial Intelligence ◽  
Technological Development ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Philosophical Discussion ◽  
Legal Personality ◽  
Interdisciplinary Perspective ◽  
The Social ◽  
The Republic ◽  
And Robotics

The article discusses the development of artificial intelligence systems from an interdisciplinary perspective, addressing philosophical and legal problems. Special attention is paid to the issue of the creation of artificial general intelligence. The use and implementation of AI systems can potentially create controversial legal situations from in many areas. Among them are data confidentiality, social security and responsibility, intellectual property of AI systems, legal personality of AI systems, ethical standards of using AI systems. It is shown that legal regulation in the field of AI is lagging behind technological development. There is practically no legal regulation of the terms, conditions, and rules of the development, launching, operating, integration into other systems, and controlling of AI technologies. The authors analyzes the process of improving the regulatory framework in some countries, especially in the Republic of Belarus. The articles focuses on the paradoxes of legal regulation of AI systems. That authors argue that there is a need for coordination in the development of Belarusian legislation in the field of AI, taking into the account the international legal and philosophical discussion on the social responsibility of AI. The article proposes to develop and adopt a special legislation on the development of AI and robotics. According to the authors, in the new legislation, special attention should be paid to the issues of legal and ethical use of AI systems. The article concludes that there is a critical importance of a comprehensive and multidisciplinary discussion to ensure legal regulation of AI-related issues.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals About Formation of International Ethical Digital Environment with Smart Artificial Intelligence

2021 ◽  
Vol 11 (1) ◽  
pp. 1-9
Author(s):  
Evgeny Bryndin
Keyword(s):  
Artificial Intelligence ◽  
Intelligent Agents ◽  
Legal Regulation ◽  
Ethical Standard ◽  
High Tech ◽  
Digital Environment ◽  
Widespread Application ◽  
Social Sphere ◽  
The Social ◽  
Cognitive Robots

Intellectual agent ensembles allow you to create digital environment by professional images with language, behavioral and active communications, when images and communications are implemented by agents with smart artificial intelligence. Through language, behavioral and active communications, intellectual agents implement collective activities. The ethical standard through intelligent agents allows you to regulate the safe use of ensembles made of robots and digital doubles with creative communication artificial intelligence in the social sphere, industry and other professional fields. The use of intelligent agents with smart artificial intelligence requires responsibility from the developer and owner for harming others. If harm to others occurred due to the mistakes of the developer, then he bears responsibility and costs. If the damage to others occurred due to the fault of the owner due to non-compliance with the terms of use, then he bears responsibility and costs. Ethical standard and legal regulation help intellectual agents with intelligent artificial intelligence become professional members of society. Ensembles of intelligent agents ith smart artificial intelligence will be able to safely work with society as professional images with skills, knowledge and competencies, implemented in the form of retrained digital twins and cognitive robots that interact through language, behavioral and active ethical communications. Cognitive robots and digital doubles through self-developing ensembles of intelligent agents with synergistic interaction and intelligent artificial intelligence can master various high-tech professions and competencies. Their use in the industry increases labor productivity and economic efficiency of production. Their application in the social sphere improves the quality of life of a person and society. Their widespread application requires compliance with an ethical standard so that their use does not cause harm. The introduction and use of an ethical standard for the use of cognitive robots and digital doubles with smart artificial intelligence increases the safety of their use. Ethical relationships between individuals and intellectual agents will also be governed by an ethical standard.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Features of legal regulation of artificial intelligence as a guarantee of sustainable development of society

2020 ◽  
Vol 208 ◽  
pp. 06010
Author(s):  
N.V. Mishina ◽  
I.R. Shikula ◽  
S.A. Afanasyeva
Keyword(s):  
Artificial Intelligence ◽  
Sustainable Development ◽  
A Priori ◽  
Legal Regulation ◽  
Theoretical Research ◽  
Axiomatic Method ◽  
The Sustainable Development ◽  
Modeling And Forecasting ◽  
Analysis And Synthesis ◽  
Legal Model

The authors of the article consider the features of the legal regulation of artificial intelligence that guarantee the sustainable development of society in the era of global digitalization. The artificial intelligence-induced transformation of the world-building is leading to a change in the legal landscape. In this regard, the authors investigate artificial intelligence as a subject and object of legal regulation. The article provides an overview of foreign and Russian legislation in artificial intelligence, based on which a legal model of a single codified act is proposed. The authors advert to the need for technical and public control when introducing artificial intelligence into operation, and also for a priori legal regulation of artificial intelligence. Based on theoretical research methods, such as the axiomatic method, analysis and synthesis, systematization, modeling and forecasting, the authors conclude that a comprehensive, consistent, systemic and prospective legal regulation can remove the possible risks of introducing AI technologies, the threat of human destruction and provide a guarantee for the sustainable development of society.

THE JUDICIARY, AND ARTIFICIAL INTELLIGENCE: THE LEGAL ASPECTS OF INTERACTION

2021 ◽  
pp. 106-114
Author(s):  
I.A. Umnova-Konyukhova ◽  
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Legal Aspects ◽  
Legal Problems ◽  
Protection Of Human Rights ◽  
Judicial Protection

The review examines the legal problems of AI's influence on the judiciary. The issues discussed are diverse: from doctrinal aspects of the transformation of law in the context of digitalization, to specific institutional problems related to the judicial protection of human rights, the responsibility of the judiciary for making a fair and legally sound decision

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

scholarly journals The Position of the Artificial Intelligence Among the Elements of the Legal Relationship

2020 ◽  
Vol 1 (4) ◽  
pp. 74-83
Author(s):  
Anton A. Vasiliev ◽  
Yulia V. Pechatnova
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Services ◽  
Thought Processes ◽  
Scientific Discussion ◽  
Legal Relationship ◽  
Russian Law ◽  
Method Of Correlation

The development of artificial intelligence necessitates the legal regulation of social relations associated with the use of new technologies. Today, fragmented regulatory regulation is noted in Russian law, expressed, as the rule, in strategic documents in which artificial intelligence technologies are reflected as cross-cutting technologies that contribute to the development of the digital economy. The purpose of this work is to determine the place of artificial intelligence among the elements of legal relations, which is seen as necessary for building the model of legal regulation of artificial intelligence. The research methodology is based on the set of methods of scientific knowledge, including abstract logical, formal legal and the method of correlation analysis. The article analyzes approaches to determining the place of artificial intelligence in the structure of legal relations. The scientific discussion is that some authors attribute artificial intelligence to the variety of objects of legal regulation; other authors admit that it is possible to consider artificial intelligence as the specific subject of law. As the result of research, the authors come to the conclusion that today artificial intelligence should be classified as the type of objects of legal regulation. In conclusion, the work also evaluates the possibilities and measures of the participation of artificial intelligence in legal activities. The authors come to the conclusion that today the cognitive potential of artificial intelligence has not yet reached the level of development that allowed it to repeat the thought processes of the lawyer in resolving the legal dispute. At the same time, artificial intelligence has tremendous potential to become the irreplaceable technological “assistant” for the lawyer, contributing to the improvement of the quality and efficiency of legal services.

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