scholarly journals Artificial Intelligence as a Subject of Criminal Responsibility: the Present and Prospects

Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov

The development of technologies related to artificial intelligence affects more and more areas of human activity. Elements of artificial intelligence are present in many devices and systems. This area is actively developing in the field of financial services and consulting, healthcare, and transport. The expansion of the scope of activities of AI systems creates certain prerequisites for improving regulatory regulation. The intensity of the use of AI currently does not allow us to talk about a significant number of facts of committing criminal acts with its participation. However, further improvement of such systems can have a more significant impact on human life. Nevertheless, it is already possible to talk about cases of committing socially dangerous acts using systems with artificial intelligence, which entailed serious consequences. In these circumstances, the legal regulation of the use of such systems becomes important. The authors analyze the points of view on the understanding of the phenomenon of artificial intelligence and make an attempt to formulate its definition, suitable for use by legal science. Theoretical, legislative and practical issues related to the criminal-legal assessment of the activity of systems with artificial intelligence are considered, in particular, the possibility of artificial intelligence to act as a subject of crime.

2020 ◽  
pp. 61-66
Author(s):  
K. Yefremova

Problem setting. Artificial intelligence is rapidly affecting the financial sector with countless potential benefits in terms of improving financial services and compliance. In the financial sector, artificial intelligence algorithms are already trusted to account for transactions, detect fraudulent schemes, assess customer creditworthiness, resource planning and reporting. But the introduction of such technologies entails new risks. Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: D.W. Arner, J. Barberis, R.P. Buckley, Jon Truby, Rafael Brown, Andrew Dahdal, O. A. Baranov, O. V. Vinnyk, I. V. Yakovyuk, A. P. Voloshin, A. O. Shovkun, N.B. Patsuriia. Target of research. The aim of the article is to identify key strategic issues in developing mechanisms to ensure the effective implementation and use of artificial intelligence in the financial services market. Article’s main body. The paper investigates an important scientific and practical problem of legal regulation of artificial intelligence used by financial services market participants. The legal risks associated with the use of artificial intelligence programs in a particular area are considered. The most pressing risks to address targeted AI regulation are fundamental rights, data confidentiality, security and effective performance, and accountability. This article argues that the best way to encourage a sustainable future in AI innovation in the financial sector is to support a proactive regulatory approach prior to any financial harm occurring. This article argues that it would be optimal for policymakers to intervene early with targeted, proactive but balanced regulatory approaches to AI technology in the financial sector that are consistent with emerging internationally accepted principles on AI governance. Conclusions and prospects for the development. The adoption of rational regulations that encourage innovation whilst ensuring adherence to international principles will significantly reduce the likelihood that AI-related risks will develop into systemic problems. Leaving the financial sector only with voluntary codes of practice may encourage experimentation that in turn may result in innovative benefits – but it will definitely render customers vulnerable, institutions exposed and the entire financial system weakened.


2017 ◽  
Vol 18 ◽  
pp. 69-97
Author(s):  
Meta Grosman

Entertainment and the process of reading are two spheres of human activity which have kept Professor Harding's interest for more than forty years. Time and again he would focus his attention on them: studying the nature of these activities, their relation to other human activities, their impact upon the individual and their role in society as a whole, and examining individual features of the reading process, analysing various misconceived notions about the nature and position of these activities in human life and investigating the possibilities of improving the capacity to respond to art at a more practiced level. In this way - approaching the problems of entertainment and reader response from different points of view and elaborating various details and aspects over several decades - his sustained efforts to penetrate into these activities have resul.ted in an important body of knowledge encompassing a far-reaching concept of entertainment and of reading built upon a well-balanced account of them as integral human activities, and of their wider social relevance.


2021 ◽  
Vol 10 (1) ◽  
pp. 281
Author(s):  
Olena Yara ◽  
Anatoliy Brazheyev ◽  
Liudmyla Golovko ◽  
Viktoriia Bashkatova

The article considers the advantages and disadvantages of using artificial intelligence (AI) in various areas of human activity. Particular attention was paid to the use of AI in the legal field. Prospects for the use of AI in the legal field were identified. The relevance of research on the legal regulation of the use of AI was proved. The use of AI raises an important problem of the compliance with general principles of ensuring human rights. Emphasis is placed on the need to develop and use a Code of ethics for artificial intelligence and legislation that would prevent its misapplication and minimize possible harmful consequences.


Author(s):  
Y. S. Kharitonova ◽  
◽  
V. S. Savina ◽  

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).


Author(s):  
Tigran T. Aliyev ◽  

More recently, the idea of a robot among laypeople was at the level of an "exhibition piece" that had little or no connection to real life, but rather was part of a theoretically possible future. But with the passage of time and the development of technology, artificial intelligence has been introduced into people's everyday lives: smartphones, robots that help and facilitate human life, electronic assistants in various kinds of services. At the same time, the relation-ship between robots and humans is still largely unregulated by law. The probability of unpre-dictable consequences is growing exponentially. In order to reduce the risk of such adverse consequences, the need for legal regulations plays a key role, the content of which is being reviewed and developed by leading lawyers and engineers. The Industrial Revolution changed the very notion of the ways and means of production in the minds of the masses in such a way that the process of robotisation and the introduction of artificial intelligence into various spheres of life became inevitable. Later on it was under-stood that human influence on production process began to decrease noticeably and was re-placed by programs, which with the help of digital algorithms determined behavior of robots and character of artificial intellect thinking. Russian legislation faced the task of legal assess-ment of the nature of artificial intelligence and regulation of its use. The article analyzes possible ways of disclosing the concept "artificial intelligence" as a legal category and its correlation to the concept "robot", deals with questions of legal respon-sibility for the work of artificial intelligence, studies the possibility of recognition of a robot possessing artificial intelligence as a subject of law. Purpose of work is to propose ways of legislation development in conditions of digitalisa-tion and introduction of artificial intelligence in everyday life. The topic of legal regulation of artificial intelligence and robotics is investigated on a scientific basis. The scientific basis of this article was formed on the basis of scientific works of foreign scientists (Higgins T., Musk I., Calo R., Frumkin A.M., Kerr I., Pagallo W., Walker J.). The scientific development of the content of this article was based on general scientific methods: analysis, synthesis, generalization, statistics, induction and deduction, interpretation, classification and comparative methods.


2021 ◽  
Vol 25 (3) ◽  
pp. 673-692
Author(s):  
Yulia A. Gavrilova

The article is devoted to the issue of artificial intelligence integration into the legal system. The human life is inextricably linked with digital technologies in the digital age. Legal regulation of developing and applying artificial intelligence has a complex influence on the legal system of Russian society. In this regard, the issue is characterized by high scientific and practical significance and meets the strategic needs of the legal policy of the Russian Federation. The purpose of the article is to formulate the main elements of the concept of integrating artificial intelligence into the legal system. Research methods contributing to reaching the aim are formal-legal, analogy, extrapolation, cultural-historical, modeling and forecasting. The results of the study can be outlined as follows. We think that humanistic approach to domestic legal system is the most optimal; within this approach artificial intelligence is naturally and imperceptibly integrated into the human environment as a smart intelligence that performs the functions of smart regulation. The legal regulation of embodied (robotic) and swarm (collective) artificial intelligence should be introduced with reasonable caution and predictability with regard to technical standards and controlled legal experiments after conducting the widest possible ethical expertise. When forming the concept of artificial intelligence integration into the legal system a number of fundamental factors must be taken into consideration: legal continuity of doctrinal legal knowledge, differentiation of legal regimes and consideration of the cultural and civilizational code and psychology and mentality of the society where such legal regulation is being developed and implemented.


Author(s):  
Mykola Tsiutsiura ◽  
Andrii Yerukaiev ◽  
Mykola Prystailo ◽  
Mykola Kuleba

Today, information technology is used in all spheres of human activity, it can greatly simplify the processes that require routine, physical, computational tasks in people’s everyday life and in their production activities. Models and methods that form the basis of information technology impacted by continuous improvement, and this gives more and more new opportunities where they could be applied in practice. Particularly in such areas as artificial intelligence, because each person, for example, uses such indisputable and simply necessary assistants as large electrical appliances that have an intellectual component (refrigerators, washing machines, etc.). And the evolution of artificial intelligence does not stop there, and here we must mention such an important area of human life as recreation. This type of pastime means its classic manifestation, without the use of expensive gadgets, watching various programs on TV or the Internet and even not doing sports at home or outdoors. We mean an intellectual holiday, based on the usual favorite art book, which is read with the sounds of a pleasant melody, with beautiful illustrations, and now, by the way, for some time in scientific circles there is talk of using models and methods to create a creative product. by which is meant a written poem, a literary prose work, a painted picture, and so on. That is, the performance of those tasks that are traditionally attributed only to geniuses, artists throughout the history of human existence. In this article it is offered to consider directions in which researches in creation of a creative product by computers (machines) at use of methods of artificial intelligence take place today. Also briefly described approaches that describe the most advanced ideas for realizing the creative potential of computer machines.


2021 ◽  
Vol 9 (4) ◽  
pp. 76-80
Author(s):  
Yana Gayvoronskaya ◽  
Ekaterina Galchun

A rule of law is effective when it adequately reflects objective needs and corresponds to the laws of the development of public relations. However, information technologies are developing faster than the corresponding legislative regulation. Programs equipped with artificial intelligence, once considered science fiction, are being increasingly used in various spheres of life every day. Advanced technologies are designed to significantly facilitate the life of a modern person, allowing him to transfer monotonous and technical tasks to units, i.e. carriers of artificial intelligence. However, the use of AI systems does not always turn out to be absolutely positive and safe – sometimes in practice, due to various factors, damage to property, health and even human life is caused during the operation of the unit. In this regard, legitimate questions arise about legal liability for such consequences, about the suitability of existing legislation to regulate such relations and about the need to improve and specialize legal regulation for new torts. This work is also aimed at participating in this discussion. For the purposes of the article, all negative manifestations of AI are reduced to three situations: causing harm due to flaws in the program or its incorrect operation; using technology by a person to commit an offense; causing harm by an artificial intelligence unit independently and on its own initiative. The paper examines all these cases, offers options for their legal resolution, critically evaluates existing approaches, projects and special legal acts already adopted. The conclusion is made that there is no need for a radical reform of the legal system for artificial intelligence, the theory of its legal personality is denied, it is argued that a person is responsible for all its mistakes – the manufacturer, user, owner, etc. In general, the strategy of the domestic legislator on the development of artificial intelligence is supported, but it is proposed to pay more attention to other ways to improve the security of AI systems (user liability insurance, unified accounting of units, etc.), rather than sanctions against them as "electronic persons".


2021 ◽  
Vol 118 ◽  
pp. 04007
Author(s):  
Olga Viktorovna Sushkova ◽  
Aleksey Vladimirovich Minbaleev

The study aims to conduct a comparative analysis of the legal regulation of the use of artificial intelligence in the financial services market. The research was carried out based on empirical methods of comparison, description, interpretation, and theoretical methods of formal and dialectical logic. Particular scientific methods were used: legal-dogmatic and the method of interpreting legal norms. The financial services market is currently expanding access to finance. At the same time, the normative legal regulation of artificial intelligence technology (hereinafter referred to as AI) in the financial sector is rather fragmentary and declarative. The position is expressed that artificial intelligence in the financial services market can lead to systemic risks and the manipulation of such a market on trading platforms. It is argued that the development of artificial intelligence should adhere to regulatory goals related to market security, consumer protection, and market integrity. The authors highlight regulatory objectives and possible regulatory methods for peer-to-peer platforms that ensure equality and fair access to financial instruments. The results of the work were the justification for the need to use robotic consultants in the field of investment activities to provide consumers with access to financial services markets. It is shown that the current legal regime does not provide adequate protection for consumers of financial services in this regard. At the same time, the authors believe that artificial intelligence can be used as a form of RegTech (regulatory technology) to optimize compliance processes, thereby increasing competition in financial markets and benefiting consumers. However, such use may be contrary to the principles of confidentiality, data protection, and ethical considerations. The novelty of the work lies in the proposed basic guidelines for the development of detailed regulators for the certification of algorithms and digital platforms, for enhancing ex-ante and ex-post protection of individuals using robotic consultants, and for addressing the question of how individual rights such as privacy rights and data rights can be exercised.


2021 ◽  
Vol 16 (6) ◽  
pp. 132-138
Author(s):  
L. V. Prigoda ◽  
M. V. Alikaeva ◽  
Z. Cekerevac

The article considers peculiarities of the activities of the main participants in the financial market, in particular banking in the context of digitalization and the introduction of artificial intelligence tools. At present, artificial intelligence (AI) technologies have a significant impact on human life, both in the process of instant transfers and in conversational interfaces. This affects the financial services sector, and its members are the most active in introducing disruptive AI innovations. Therefore, in order to increase the level of competitiveness, modern banks should act as locomotives in addressing issues of implementation, use of digital technologies and acceleration of methods of remote work. The COVID-19 pandemic has made its own adjustments to the concept of interaction of financial institutions with customers, for most of whom remote services have become an integral part of everyday life. The increasing demand for telecommuting services of financial institutions stimulates the creation of digital platforms that take into account both the processes of global digitalization and the changed demands of consumers in the context of a pandemic. This article provides an analytical overview of trends, obstacles and prospects for the integration of financial ecosystems and marketplaces in the Russian market. The necessity of using an integrated approach in developing the rules for the functioning of financial ecosystems in the formation of an adequate development strategy, which will ensure the creation of a fair competitive environment in the financial market, has been substantiated. The aim of the research is to identify the main trends and patterns in the financial services market, as well as to determine the vector for further development of financial ecosystems formed using artificial intelligence tools. To achieve this goal such general scientific methods as theoretical generalization, analysis and synthesis, comparative analysis, systems approach, etc. have been used.


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