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 ARTIFICIAL INTELLIGENCE TECHNOLOGY AND LAW: CHALLENGES OF OUR TIME

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

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

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

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

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

scholarly journals THE HARM CAUSED BY ARTIFICIAL INTELLIGENCE: ASPECTS OF RESPONSIBILITY AND LEGAL PERSONALITY

2021 ◽  
Vol 9 (4) ◽  
pp. 76-80
Author(s):  
Yana Gayvoronskaya ◽  
Ekaterina Galchun
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Science Fiction ◽  
Rule Of Law ◽  
Information Technologies ◽  
Human Life ◽  
Legal Regulation ◽  
Legal Personality ◽  
Radical Reform ◽  
Advanced Technologies

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".

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

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

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

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

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

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

scholarly journals New technologies and law: a modern legal approach to the distributed registry technology

2019 ◽  
pp. 62-69
Author(s):  
L. V. Sannikova ◽  
Yu. S. Kharitonova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Legal Status ◽  
New Technologies ◽  
Economic Value ◽  
Legal Regulation ◽  
Scientific Concept ◽  
Legislative Regulation ◽  
Legal Frameworks

Currently we witness an active debate on whether legal mechanisms should be established to mediate the use of new technologies. The authors believe that digitalization of social relations has a global character, changes the foundations of the society and requires the development of adequate legislation based on the in-depth study of the processes. It is proved that, first, it is necessary to develop a scientific concept of the mechanism of legal regulation of relations using the technology of distributed registers (the TDR) in economic activity, in the spheres of public administration and implementation of public functions. The article, based on the problems of law enforcement practice, formulates the main characteristics of the study that could, in the authors’ opinion, give a really necessary legal solution to the state and society. Such research will allow us to formulate scientifically grounded proposals concerning legislative regulation of public relations with the use of the TDR that will include the development of legal frameworks of objects of relations arising as the result of the use of the TDR and being of economic value (digital assets, in particular tokens, cryptocurrencies, digital rights); in determining the legal status of entities using the TDR; in the formation of a system of indicators for assessing the use of the TDR in various spheres of public relations; in giving legal qualification of transactions in distributed registers and the legal consequences of their commission; in the creation of an integral legal mechanism for protection of participants in legal relations using the technologies of the distributed register. The main result of the study under consideration will be the developed scientific concept of the mechanism of the legal regulation of relations with the use of the TDR in economy, in the spheres of public administration and the implementation of public functions. Otherwise, this area will suffer from incomplete legislative regulation with the need for constant «patching of holes» associated with the hasty and ill-considered law.

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.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

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