scholarly journals Modern Requirements of the Legal Support of Artificial Intelligence: a View from Russia

2019 ◽  
Vol 13 (2) ◽  
pp. 197-206 ◽  
Author(s):  
Victor Shestak ◽  
Aleksander Volevodz
Keyword(s):  
Artificial Intelligence ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Criminal Proceedings ◽  
Legal Personality ◽  
Legal Norms ◽  
The Usa ◽  
The Republic

At the present stage of the society’s development the artificial intelligence is quickly widening its possibilities. These changes raise the issue of applying norms, including international law norms, to solve problems connected with the essence and technical protocol of using artificial intelligence. The article is devoted to the problems of legal regulation of the creation and use of artificial intelligence and the development of the conceptual framework and the definition of artificial intelligence according to the widely recognized scientific theories; the analysis of doctrinal approaches to the understanding of the place of artificial intelligence in legal relations; the evidence that giving artificial intelligence the status of a person is not legally grounded; the critical analysis of the ideas put forward by some American researchers that artificial intelligence should comply with the whole set of laws currently used for its human producer and operator. The authors study the legislation on the legal regulation of relations between the human and artificial intelligence in such countries as the Republic of Korea, the USA, Japan, the People’s Republic of China, the Republic of Estonia, the Federal Republic of Germany and the Russian Federation, as well as the European Union. They present various approaches to the classification of artificial intelligence’s features. The authors also examine the problem of defining the legal personality of an «electronic person»; analyze the necessity of making the owner liable for the compensation of moral and material damage inflicted by the «electronic person». The article also discusses key problems of enforcing the legal norms regulating intellectual property and copyright, criminal liability and participation in criminal proceedings within the framework of using artificial intelligence. The authors analyze key risks and uncertainties connected with artificial intelligence and crucial for improving relevant legislation. They work out suggestions for the future discussion of the following issues: the applications of artificial intelligence at the contemporary stage; development prospects in this sector; legally relevant problems researched of this sphere and the problems connected with the use of the existing and the development of new autonomous intelligence systems; the development of new strategies and legal norms to bridge the gaps in the legal regulation of using artificial intelligence, including using it as a participant in criminal proceedings; creation of the concept of liability in the sphere of using artificial intelligence, including the criminal one.

Theoretical approaches to artificial intelligence regulation in the EU: experience for Ukraine

2020 ◽  
pp. 80-85
Author(s):  
Kateryna Yefremova
Keyword(s):  
Artificial Intelligence ◽  
New Technology ◽  
Legal Regulation ◽  
Main Body ◽  
The European Union ◽  
Legal Norms ◽  
Strategic Issues ◽  
Goods And Services ◽  
Theoretical Approaches ◽  
The Eu

Problem setting. Legal regulation of the introduction and use of goods and services based on artificial intelligence technologies is covered by numerous areas of law, including rules on confidentiality, data security, responsibility for product quality, intellectual property and even antitrust law. These different areas of law are expected to gradually change in response to the special nature of artificial intelligence (AI). Because AI is a new technology, the legal regulation of which goes beyond the established institutions of law and approaches to the interpretation of legal norms. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: Matthew U. Schere, Allan Yeoman, Amy Ryburn, Philip Wood, Renee Stiles, Alex Chapman, Damien Steel- Baker and Keri Johansson, O. A. Baranov, O. M. Vinnyk, I. V. Yakovyuk, N.B. Patsuriia. Target of research. The aim of the article is to study European scientific approaches to identifying key strategic issues in the development of mechanisms for legal regulation of effective implementation and use of artificial intelligence. Article’s main body. The paper investigates scientific approaches to the limits of legal regulation of the introduction and use of artificial intelligence technologies. The history and practical steps on the way to the EU legal regulation on the introduction of artificial intelligence and related relations related to the use of these technologies are highlighted. The basic principles of development and use of artificial intelligence technologies are revealed, observance of which is obligatory. Conclusions and prospects for the development. The best approach to regulation should be based on risk assessment to ensure that responses to AI development are proportionate and not hamper the development of innovation as a whole. Instead of developing individual regulations at this stage, the European Commission has set out the legal requirements that any regulatory framework must meet to ensure that AI remains credible and respects the values and principles of the European Union.

scholarly journals PLATFORM LAW AS A TOOL FOR INNOVATIVE INVESTMENT PLATFORMS (CROWDFUNDING)

2021 ◽  
pp. 155-164
Author(s):  
S. Yu. Kashkin ◽  
A. V. Altoukhov ◽  
N. A. Pozhilova
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Legal Regulation ◽  
The European Union ◽  
The Usa

The article considers the problems of legal regulation of crowdfunding in Russia, as well as in the USA and the European Union. The concepts of crowdfunding and related terms (platform, network) are disclosed, the advantages and risks of such investment platforms to raise funds to finance projects, including using artificial intelligence technologies, are shown. Particular attention is paid to the consideration of existing legislative norms regarding the regulation of modern investment mechanisms, especially crowdfunding. Based on the results of the study, conclusions and recommendations on the development of legal support for platform financial solutions are formulated.

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.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

scholarly journals Application of Artificial Intelligence in COVID-19 Pandemic: Bibliometric Analysis

Healthcare ◽  
2021 ◽  
Vol 9 (4) ◽  
pp. 441
Author(s):  
Md. Mohaimenul Islam ◽  
Tahmina Nasrin Poly ◽  
Belal Alsinglawi ◽  
Li-Fong Lin ◽  
Shuo-Chen Chien ◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Bibliometric Analysis ◽  
English Language ◽  
R Package ◽  
Research Area ◽  
Republic Of China ◽  
Comprehensive Picture ◽  
The Usa ◽  
The Republic ◽  
Academy Of Sciences

The application of artificial intelligence (AI) to health has increased, including to COVID-19. This study aimed to provide a clear overview of COVID-19-related AI publication trends using longitudinal bibliometric analysis. A systematic literature search was conducted on the Web of Science for English language peer-reviewed articles related to AI application to COVID-19. A search strategy was developed to collect relevant articles and extracted bibliographic information (e.g., country, research area, sources, and author). VOSviewer (Leiden University) and Bibliometrix (R package) were used to visualize the co-occurrence networks of authors, sources, countries, institutions, global collaborations, citations, co-citations, and keywords. We included 729 research articles on the application of AI to COVID-19 published between 2020 and 2021. PLOS One (33/729, 4.52%), Chaos Solution Fractals (29/729, 3.97%), and Journal of Medical Internet Research (29/729, 3.97%) were the most common journals publishing these articles. The Republic of China (190/729, 26.06%), the USA (173/729, 23.73%), and India (92/729, 12.62%) were the most prolific countries of origin. The Huazhong University of Science and Technology, Wuhan University, and the Chinese Academy of Sciences were the most productive institutions. This is the first study to show a comprehensive picture of the global efforts to address COVID-19 using AI. The findings of this study also provide insights and research directions for academic researchers, policymakers, and healthcare practitioners who wish to collaborate in these domains in the future.

scholarly journals Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová
Keyword(s):  
Public Participation ◽  
Criminal Liability ◽  
Active Role ◽  
Legal Framework ◽  
The European Union ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects

2019 ◽  
Vol 13 (4) ◽  
pp. 564-574 ◽  
Author(s):  
Zarina Khisamova ◽  
Ildar Begishev
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Legal Status ◽  
Industrial Revolution ◽  
Criminal Liability ◽  
Criminal Code ◽  
Design Development ◽  
Legal Personality ◽  
Active Involvement ◽  
Self Learning

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.

scholarly journals ARTIFICIAL INTELLIGENCE: IS IT A THREAT OR AN OPPORTUNITY BASED ON ITS LEGAL PERSONALITY AND CRIMINAL LIABILITY?

2021 ◽  
Vol 6 (20) ◽  
pp. 01-09
Author(s):  
Mark Louis ◽  
Angelina Anne Fernandez ◽  
Nazura Abdul Manap ◽  
Shamini Kandasamy ◽  
Sin Yee Lee
Keyword(s):  
Artificial Intelligence ◽  
Information Technology ◽  
Criminal Liability ◽  
Legal Person ◽  
Human Intelligence ◽  
Legal Research ◽  
Legal Personality ◽  
The World ◽  
Technological World ◽  
The Impact

Information technology is taking the world by storm. The technological world is changing rapidly and drastically. Human activities are taken over by robots and computers. The usage of computers and robots has increased productivity in various sectors. The emergence of artificial intelligence has stirred up many debates on both its importance and limitations. Artificial intelligence is directed to the usage of Information Technology in conducting tasks that normally require human intelligence. The expectation of artificial intelligence is high, nevertheless, artificial intelligence has its shortcomings namely the impact of artificial intelligence on the concept of a legal personality. The problem with artificial Intelligence is the debate on whether does it have a legal personality? And another problem is under what situation does the law treat artificial intelligence as an entity with its own rights and obligations. The objective of this article is to examine the various definitions of legal personality and whether artificial intelligence can become a legal person. The article will also examine the criminal liability of artificial intelligence when a crime has been committed. The methodology adopted is qualitative namely Doctrinal Legal Research by analyzing the relevant legal views from various journals on artificial intelligence. The study found out that artificial intelligence has its limitations in defining its legal personality and also in examining the criminal liability when a crime has been committed by robots.

scholarly journals Criminal Liability of Medical Profecionals Negligience: Comparative Analysis

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 251-263
Author(s):  
Kateryna Danchenko ◽  
Olga Taran
Keyword(s):  
Comparative Method ◽  
Criminal Liability ◽  
The United States ◽  
Medical Professionals ◽  
The European Union ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Medical Office ◽  
The Us ◽  
The Impact

The purpose of this article is to study the criminal liability of medical professionals in cases of suspension, in accordance with jurisprudence in Ukraine, the European Union and the United States of America (USA). He made the comparative method. According to the investigation, the number of criminal proceedings in Ukraine by the authority and misconduct of medical doctors is about 2% per population, my figure that rises to 30% in Europe and is the stable yes in the US and is 28%. 32%. The main objective of the article is often area identify specializations in the medical office occurs with the mayor based on Ukrainian jurisprudence (data from Ukraine’s only state judicial decision register from 2016 to 2019). In addition, the study analyses the impact of the main influences on the ability of medical professionals for their professional functions. From counting the results show that surgeons, gynecologists, paramedics, and anesthesiologists are the most prone to deviation and medical error. Key proposed criteria have been proposed as medical errors differ from medical writing.

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