scholarly journals Legal Regulation of Robots and Artificial Intelligence in Latin America, the Problem of Human Rights and AI

Lex Russica ◽  
2020 ◽  
pp. 127-136
Author(s):  
A. Zh. Stepanyan ◽  
T. S. Zaplatina
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Latin America ◽  
Legal Status ◽  
Human Person ◽  
Legal Regulation ◽  
Human Intelligence ◽  
Legal Personality ◽  
Ethical Conflicts ◽  
The Right

We are currently experiencing a new revolution, which is related to the Internet, nanotechnology, biotechnology and robotics. Artificial intelligence is based on intelligent algorithms or learning algorithms similar to human intelligence, technologies make it possible for computer systems to acquire independence, self-adaptive reconfiguration. The greater the autonomy of AI, robots, and androids, the less they depend on manufacturers, owners, and users.The fact that the new generation of robots will coexist with humans should be taken into account in legislation, it should adapt and regulate issues of great legal significance, namely: who takes responsibility for the actions or inaction of intelligent robots? What is their legal status? Should they have a special regime of rights and obligations? How to resolve ethical conflicts related to their behavior?The analysis of legislation and doctrine in Latin America has revealed some trends in the use of AI.1. The use of AI in various spheres of public life causes legal problems in terms of guaranteeing human rights, as evidenced by the analysis of the constitutions of Brazil, Mexico and Argentina. For example, article 8 of the American Convention on Human Rights states: "Everyone has the right to have his case heard, with appropriate guarantees and within a reasonable period of time, before a competent, independent and impartial court convened in advance by law in support of any criminal charge brought against him or to determine his rights or obligations of a civil, labour, financial or any other nature."2. The similarity of AI and human intelligence raises the question of legal personality of AI, granting AI rights. The civil and commercial code of Argentina departs from the category of "human person" and establishes the term "legal persons": "all persons to whom the legal system grants the ability to acquire rights are legal persons for the purpose of fulfilling their purpose and obligations".The line between things and people is becoming more blurred, technology and a more sensitive view of other living beings lead to doubt whether man is the sole subject of law.

scholarly journals On Possibility of Perception of Modern Spanish Law Concepts of Legal Personality for Artificial Intelligence: a View from Russia

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Viktor Shestak ◽  
Zoya Ilyicheva
Keyword(s):  
Artificial Intelligence ◽  
Social Life ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Personality ◽  
Spanish Law ◽  
Methods Of Synthesis ◽  
Technical Innovations ◽  
Spanish Legislation

Social life and technical innovations are always ahead of their legal regulation. This calls for a consistent reconsideration, renewal and improvement of currently existing legislation. Scientific discussions are now being held in Spain looking into the possibility of granting legal personality to robots. The increasing presence of artificial intelligence in our everyday life is rather objective. Nevertheless, it causes peoples inconvenience and anxiety. It is difficult for the legislator to define the level of his impact which he or she can actually have on the problems of legal regulation of the usage of using the artificial intelligence, including the issues concerning prevention of crimes that involve robots. The purpose of the following article is to study a number of concepts of legal personality of artificial intelligence in Spain. Some possibilities of proving a legal framework in the Spanish legislation for these concepts are considered. A number of probable problems caused by the vagueness of robots legal status are examined. The opportunity of perception of artificial intelligence as a subject of law in Spanish legislation is determined. The leading methods of this research were systematic and comparative approaches, methods of synthesis and analysis, which allowed to analyze, summarize and systematize the concepts of legal personality of artificial intelligence in Spain. As a result of studying the following issues, the authors came to the conclusion that there exists a crucial need to establish some limits of legal personality of robots. The public need for formation of a certain legal framework allowing to resolve ethical and legal conflicts with participation of artificial intelligence was discovered. The endeavor of society to harmonize the legislation in the field of robotics at the international level was revealed. The necessity of hindering the usage of robots for criminal purposes was proved.

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 CONCEPT AND CONTENT OF THE LEGAL STATUS OF A CONSUMER OF MEDICAL SERVICES

2020 ◽  
Keyword(s):  
Consumer Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Medical Services ◽  
World Federation ◽  
Right To Health Care ◽  
Main Research ◽  
Legal Personality ◽  
The Right

Introduction. The mechanism of legal regulation of consumer protection in general, and consumer rights in the field of medical services in particular, has passed certain historical stages of formation and development. Of particular importance in the system of organizing consumer protection at the international level was the creation in 1960 of the International Organization of Consumers - Consumers International, which is a world federation of consumer groups. The activities of international and national organizations have a common goal of "consumer protection" by consolidating the efforts of consumer groups and relevant organizations and protecting their rights, including interests, before the relevant state and international bodies and organizations. Summary of the main research results. The legal status of the patient is a complex theoretical and legal phenomenon, including the legal personality of the patient, basic rights, duties, responsibilities, guarantees for the realization of his rights and freedoms, and the like. The content of the legal status of the patient consists of his rights, obligations and legal responsibility. Conclusions. The entire system of patients’ rights - consumers of medical services can be conditionally divided into the following groups: 1) general medical rights - this group of rights is enshrined in the basic regulatory legal acts. General health rights include: the right to health care; the right to consent to or refuse medical care; the right to information; the right to confidentiality and protection of personal data; 2) special medical rights; 3) the rights of persons who forcibly acquired the legal status of a patient; 4) the rights of persons who participate in medical and biological experiments and tests.

scholarly journals Coronavirus pandemic as a reason for limitation of human rights and freedoms

2021 ◽  
Vol 5 (2) ◽  
pp. 62-76
Author(s):  
G. A. Vasilevich ◽  
I. Yu. Ostapovich ◽  
E. G. Kalinina
Keyword(s):  
Human Rights ◽  
Information Technologies ◽  
Legal Status ◽  
Sport Activity ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
National Standards ◽  
Public Authorities ◽  
The Right

The subject. The article analyzes the phenomenon of the COVID-19 pandemic and its impact on the human rights and freedoms. It emphasizes that some information about the corona-virus infection was available several decades ago. At the same time, the specialists unfortunately weren’t ready for the possible mutation of this virus, which has now exposed a large-scales threat to the population of the whole world.The purpose of the article is to identify the problems of the implementation of the citizens’ rights and offer proposals for improving the Russian and Belarusian legislation and the practice of its implementation in the field of combating the coronavirus infection.The methodology. The authors take into account the practice of the European Court of Hu-man Rights and the constitutional control bodies of Russia and foreign countries. They make a conclusion on the legitimacy and necessity of the taken restrictive measures. The article is based on the dialectical method, as well as at the logical, historical, systemic methods. Methods of analysis and synthesis were of particular importance. The authors have applied the functional method to research the main areas for ensuring a reasonable balance of private (individual) and public interests.The main results, scope of application. Modern constitutions, including the Russian and the Belarusian ones, contains the most important principles of the rule of law, enshrine human rights and freedoms as the highest value. Human rights and freedoms continue to be are at the epicenter of many disputes and discussions. The modern system of rights and freedoms is constantly developing; the legal status of a person receives new content as the human civilization develops and the paradigm of values changes. For example, we see how information technology and other advances affect the scope of rights and freedoms. Rights, freedoms and obligations are interconnected and interdependent. All groups of rights are currently in the field of view of international organizations. The problem of equality, the elimination of discrimination, the restoration of violated rights, the assessment of the limits of the state's invasion in human rights and freedoms continues to be relevant nowadays.The article focuses on the international and national standards for the possible restriction of rights and freedoms in order to protect the health of the population. The international law rules on human rights oblige states to take measures to protect health and provide medical assistance to those in need.Conclusions. One of the constant problems is the relationship between the rights of a particular person and the rights of other persons, group or society as a whole and the state. At the same time, the coronavirus pandemic forced the public authorities to determine the balance of the priority of human rights and freedoms or the protection of the life and health of citizens. The coronavirus pandemic is the factor that affects the content of the legal regulation of relations in the field of human rights and freedoms. The measures taken by the state affect the right to health protection, freedom of movement, the right to education, right to have sport activity, right to work, freedom of assembly and others.The article proposes to inform the population more fully about the measures taken by the state and society in this direction, about the wider use of information technologies, about the possible responsibility for non-compliance with the requirements for the use of per-sonal protective equipment and the self-isolation regime.

scholarly journals Constitutional regulation of the right to appeal to state authorities and local government bodies

2020 ◽  
Vol 4 (4) ◽  
pp. 64-69
Author(s):  
Oleh Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Political Life ◽  
Public Authorities ◽  
Legal Personality ◽  
European Experience ◽  
Legitimate Interests ◽  
Legal Forms ◽  
The Right

The article examines the constitutional practice of normative regulation of the right to appeal to public authorities and local governments, enshrined in Art. 40 of the Constitution of Ukraine and in similar norms of the constitutions of European states. The necessity of stating the specified norm in the new edition is substantiated. The right to appeal to public authorities and local governments, their officials and officials occupies a special place in the human rights system and is one of the most important organizational and legal forms of public participation in the socio-political life of the country and providing citizens of Ukraine with opportunities to defend their rights. legitimate interests, restoring them in case of violation. The study of the essence of this right gives grounds to state that the appeal by its nature has a dual meaning: first, it is one of the means of protecting human rights and legitimate interests violated by the actions or inaction of public authorities and local governments; secondly, the appeal is a signal of shortcomings in the work of public authorities and local governments. From the content of Art. 40 of the Constitution of Ukraine, it follows that both citizens of Ukraine and persons who are not citizens of Ukraine, but are legally on the territory of Ukraine, and who are marked in the text by the term "all" have constitutional legal personality. By the way, the term "all" is used only in Art. 40 of the Constitution of Ukraine, and therefore it is not clear whether it belongs to the category of subjects of "all people", as enshrined in Art. 21, or to the category of subjects of "all citizens". At the same time, in similar norms of the constitutions of European states, various impersonal terms are used to denote the subject of this right - "everyone", "citizens", "every citizen", "all citizens" and "every person". In connection with the above and in order to unify legal terminology, we believe that in Art. 40 of the Constitution of Ukraine, it would be more appropriate to use, instead of the term «all», the term «eve-ryone», which, in our opinion, covers all categories of subjects of the right to appeal regardless of their legal status and is more in line with European experience in constitutional regulation of the studied law. It should be emphasized that the necessary guarantee of realization of the investigated right is the duty of obligated subjects, ie public authorities, local governments and their officials and officials, to timely and objectively consider the appeal and provide a reasoned response to the merits of the appeal. the term established by the law. A similar provision is enshrined in the constitutions of Azerbaijan, Albania, Belarus, Armenia, Greece, Liechtenstein, Macedonia, Poland, Serbia, Turkey, Croatia, and Montenegro. In this regard, we propose a phrase that is enshrined in Art. 40 of the Constitution of Ukraine: "are obliged to consider the appeal and give a reasoned response within the period prescribed by law" to state in an updated version. In addition, we believe that this article should specify the obligation of these bodies and their officials and officials to take the necessary measures to exercise this right, which will give the subjects of appeal grounds to appeal, including in court , actions or inaction of officials and officials of state bodies and local governments. Therefore, in view of the above and taking into account the European experience in regulating the constitutional right to appeal, we propose Art. 40 of the Constitution of Ukraine to state in new edition: "Everyone has the right to submit individual or collective appeals or to personally address state authorities, local governments and their officials and officials, who are obliged to take the necessary measures and provide a reasoned written response within the period prescribed by law."

scholarly journals CONTENTS OF THE RIGHT TO CITIZENSHIP: CERTAIN ASPECTS

2021 ◽  
Vol 13 (3) ◽  
pp. 20-27
Author(s):  
Halyna Savchyn ◽  
◽  
Vitalina Borovikova ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
European Convention ◽  
Human Right ◽  
Protection Measure ◽  
European Court ◽  
Definition Of ◽  
The Right ◽  
National Legislature

The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.

scholarly journals THEORETICAL AND LEGAL ASPECTS OF THE EVOLUTION OF HUMAN RIGHTS IN THE CONTEXT OF DIGITALIZATION AND THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE TECHNOLOGY

2021 ◽  
Vol 31 (4) ◽  
pp. 662-668
Author(s):  
G.G. Kamalova
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Era ◽  
Foreign Countries ◽  
Artificial Intelligence Technology ◽  
The Subject ◽  
The Right ◽  
Further Development

The article discusses the issues of further development of the human rights system in the context of digital transformation and modern scientific and technological progress. It is noted that at present there is an evolution of human rights, the peculiarities of their implementation, the formation of new ones. The right to access the Internet has been recognized in a number of foreign countries. In Russia, digital rights, the "right to oblivion" and other rights have been legally enshrined. It is proved that at present there is a transition to the next level of both understanding of recognized rights and freedoms, the peculiarities of their implementation, and the formation of new rights that are unthinkable in the so-called pre-digital era. As the most significant factor in the evolution of human rights, the introduction of artificial intelligence systems and biotechnologies is highlighted, which will change not only society and the state, but also the daily life of a person and his essence, which will require the modernization of the conceptual established provisions of law, including the understanding of the subject who possesses them. Modernity allows us to state the accomplished symbiosis of man and technology, which is increasingly called a cyborg in law. At the same time, it should be recognized that the legal aspects of cyborgization are still poorly studied. The experience of legal regulation of relations connected with the introduction of digital technological solutions into the human body is not enough. The author believes that the preliminary regulation in this area should be to a certain extent ahead of the curve, and without a scientific understanding of the emerging legal problems, it is difficult to develop a balanced legal regulation.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

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.

Sign in / Sign up

Export Citation Format

Share Document