scholarly journals LAW IN DIGITAL REALITY

2021 ◽  
Vol 2 (49) ◽  
Author(s):  
Zhanna Pavlenko
Keyword(s):  
Artificial Intelligence ◽  
Rapid Development ◽  
Scientific Research ◽  
Digital Technologies ◽  
Legal Regulation ◽  
The State ◽  
Legal Practice ◽  
Doctrinal Development ◽  
The Impact ◽  
Artificial Intelligence Systems

The Problem setting. Due to the rapid development of digital technologies, the issue of status settlement and the use of artificial intelligence technologies is especially relevant. This fact indicates the need and importance of finding answers to the question and aims to intensify and unite the efforts of the scientific community to address relevant issues. One of the areas of scientific research is the doctrinal development of new phenomena and processes that have arisen and are taking place in the state and legal sphere under the influence of digitalization of economics, management and law. The tasks of scientific research are to comprehend the impact of the digitization process on the state and legal sphere of society; law as such; assessment of the transformations that are taking place and identification of trends in their dynamics; forecasting the state of these phenomena in the future; formulation of fundamental and applied problems of legal science in terms of doctrinal development of the laws of development and functioning of law, state and legal sphere of society in the conditions of digital reality, determination of approaches to their solution. Recent research and publications analysis. An analysis of recent research and publications shows that scientific research on this issue is carried out mainly within the economic, political, computer, legal sciences, although the problems and prospects of digitization of law require a deep and thorough philosophical, including philosophical and legal understanding. The rapid development of new technologies, in particular artificial intelligence technologies, the Internet of Things, cloud technologies, etc., is contributing to changes in current legislation. Today, advanced economies are already pondering the question of regulating the status and use of AI technologies. While these are only the first bold steps, in the future, all of these can affect global changes in the legal system - perhaps full-fledged comprehensive institutions of law, even the branches of law. Paper objectiv. The purpose of this article is a philosophical and legal understanding of the impact of digitalization on the state and legal sphere of society and law as such. Paper main body. One of the practical aspects of digitalization is the manifestation of the state’s ability to provide various services. If necessary, citizens receive certificates, records, statements, responses to electronic inquiries, electronic payments. Other practical aspects, provided that these technologies are used wisely, can improve welfare in education, public safety, and health. In addition, digital imaging can also help address common global issues, such as climate change and greater access to health care and mobility. At the same time, according to many researchers, along with the benefits of digital technologies, including artificial intelligence, new types of ethical issues are being raised, namely compliance with legal ethics standards by artificial intelligence systems and justice, the most important of which are respect for human rights and democratic values. , as well as the danger of transferring prejudices from the analog to the digital world. Researchers have linked the legal challenges of using artificial intelligence technologies in legal practice to a number of issues. In particular, with such as: ensuring data confidentiality; access to confidential law enforcement information; lack of regulatory framework for the use of artificial intelligence systems in legal practice; protection of intellectual property; risk assessment of the use of artificial intelligence systems by a lawyer when working with a client; other potential problems of lawyer’s liability; dangers of unauthorized access and modification of artificial intelligence systems by attackers; damage to artificial intelligence systems by malicious virus programs; violation of the terms of providing advice from artificial intelligence systems in case of technical problems, etc. Therefore, the development of systems that transparently use artificial intelligence and are responsible for their results is critical. Artificial intelligence systems must function properly and safely. According to experts, the unresolved in Ukraine of many political and legal issues related to the rapid development of the information and communication sphere with the advent of digital technologies has become dangerous. It is obvious that the transformations in society associated with these processes require new approaches to the development of national policies for the digitalization of society, which should be based on international agreements. Due to these transformations, there is a need to develop strategic documents that will regulate this area. These documents should be flexible and designed to take into account the maximum amount of data, as well as ensure the free development of innovative technologies and prevent possible risks. Issues of development of the digital economy and society of Ukraine do not fully meet today’s conditions, not enough account is taken of the transformations that have emerged and are currently taking place both in law and in the field of legal regulation under the influence of digitalization. Digital technologies are able to change the image of law, to influence its regulatory potential and efficiency, to open the way or to block its action in new dimensions of social reality. Traditional rather than digital vision of law, legal technologies and certain types of legal activity by legislators is a consequence of the lack of relevant scientific developments that will identify and explain the impact of the digitization process on the law and the legal sphere of society. The practical need for this kind of research is now greater than ever. In order to satisfy it, scientists should intensify work in this direction. Conclusions of the research. The new digital reality puts forward new requirements for legal science and legal practice, including the development of effective tools and models of legal regulation of various spheres of public life. In modern conditions, law becomes not only a means, a tool that provides digitalization of the economy, government and other segments of social life, but also the object of digitalization. With the development of digital technologies, the contradiction between the need for quality both in terms of form and content of regulations, as well as the ability to meet it in a short time. The task of the state is both to provide favorable conditions conducive to digitalization and to create opportunities for their implementation.

ON THE POSSIBILITIES OF INTEGRATING ARTIFICIAL INTELLIGENCE INTO CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (5) ◽  
pp. 220-227
Author(s):  
ELENA PAPYSHEVA ◽  
Keyword(s):  
Artificial Intelligence ◽  
Formal Language ◽  
Preliminary Investigation ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Machine Readable

This article examines the possibilities of using machine-readable law technologies in criminal procedural legislation and criminal proceedings; the analysis of the Concept of development of technologies of machine-readable law is carried out in order to determine the possibility of applying its provisions in the context of criminal procedural law. According to the author, the development of the technology of machine-readable law sets the legislator the task of starting the process of adapting the norms of the criminal procedure law to their subsequent presentation in formal language. Legislative acts should be structured as much as possible, within the acts, norms are more clearly divided into certain categories and groups with the building of logical connections between them. The norms of legislative acts need to be formalized, their content should not have legal and linguistic uncertainties, normative conflicts and broad discretionary powers. The conclusion is made about the need for legal transformations, formalization of the norms of the Criminal Procedure Code of the Russian Federation, based on the principle of legal certainty. If the adaptation of legislation to machine-readable norms is the future in the development of science and the system of legal regulation of the state, then the use of digital technologies in criminal proceedings is a matter of the present. It seems that modern digital technologies are sufficiently developed to start developing an automated information system at the state level that meets the formal requirements of the Criminal Procedure Code, within the framework of which a preliminary investigation will be carried out. Moreover, we are talking not only about the «electronic criminal case» in its generally accepted understanding. The author proposes the creation of a comprehensive universal program that provides for the automated application of the ontology of machine-readable law (descriptions in the formal language of many objects in the field of law and the connections between them) in the investigation of criminal cases using the method of teaching artificial intelligence based on a large array of data (including data, constituting the empirical base of research, which was studied in the development of private methods for investigating certain types of crimes).

scholarly journals STRATEGIC HUMAN CAPITAL MANAGEMENT IN THE CONTEXT OF DIGITALIZATION

2020 ◽  
Vol 6 (5) ◽  
pp. 178-183
Author(s):  
Inna Irtyshcheva ◽  
Antonina Trushliakova ◽  
Ihor Sirenko
Keyword(s):  
Human Capital ◽  
National Economy ◽  
Digital Technologies ◽  
Legal Regulation ◽  
The State ◽  
Human Potential ◽  
Human Capital Development ◽  
Long Run ◽  
Capital Development ◽  
The Impact

The purpose of the article is to improve the strategic management of human capital in the context of digitalization. In modern conditions, the development of human potential is closely linked with the spread of digital technologies, which are being implemented and rapidly evolving in all spheres of the economy and society. In this context, the effectiveness of the processes of adaptation and competitiveness of socio-economic systems in the long run depends on the development and implementation of the concept of human capital development which takes into account the impact of digitalization processes on the formation of human capital, as well as on the relevant qualitative characteristics that will best meet the needs of the national economy in the transition to a digital model of governance. Methodology. The article is based on international legal acts, laws and bylaws of Ukraine in this area of legal regulation of human capital in the context of digitalization. Both general scientific and special methodology were used for the research: methods of analysis and synthesis, method of description, method of induction, method of deduction. Results. It is proved that the state policy in the field of human capital development in Ukraine today does not meet the modern challenges associated with the rapid development and spread of digital technologies. The consequences of this are already growing disparities in the labor market, shortage of highly qualified specialists with digital competencies at the appropriate level, growing trends in emigration of intellectual capital and gene pool of the nation abroad, reduction of the "middle class" and intensification of social degradation. Solving these problems requires the development and implementation of a Unified State Strategy for Human Capital Development, which will stimulate its formation, development and effective use in the vector of transition to a new technological system, ensure economic growth and high living standards. To this end, the concept of strategic development of human capital in the context of digitalization is substantiated. It systematizes the goals, principles, strategies and tasks of the state to ensure effective processes of human potential formation and its transformation into human capital in the context of implementing the strategy of sustainable development of the national economy under the influence of digital technologies. Conclusions. The strategy of human capital development in the conditions of digital transformations is substantiated. It is a system of interrelated directions, actions and mechanisms aimed at implementing the concept of formation, motivation and use of human capital, which meets the needs of the economy and society and contributes to the competitive advantage and continuous human development in the long run.

scholarly journals Empirical model for analysis of the dynamics of algorithmization (artificial intelligence technology) in the field of security by the example of the USA

2021 ◽  
Author(s):  
A.M. Turobov ◽  
M.G. Mironyuk
Keyword(s):  
Artificial Intelligence ◽  
Empirical Model ◽  
Digital Technologies ◽  
The State ◽  
Security System ◽  
State Security ◽  
The Usa ◽  
Artificial Intelligence Technology ◽  
Definition Of ◽  
The Impact

How does the state security system evolve under the influence of the artificial intelligence technology? To answer this question, an empirical model is proposed. The model evaluates the state security system (by the example of the USA) using the security consistency parameter, which estimates how the state perceives threats (indicator of threats) and whether the state has the necessary capabilities to counter them (indicator of capabilities) in relation to the artificial intelligence technology. The model (as well as the conceptualization of the artificial intelligence technology in the context of the security domain) provides evidence of how security transformations occur. It serves as a tool for studying the corresponding changes and assessing the state security system. It is necessary to indicate the limitation of the study: we do not consider direct military applications in the field of automation and algorithms (artificial intelligence technology). The validation of the empirical model has been undertaken using the case of the USA (eight-time intervals are subject to analysis, namely: 1999, 2002, 2006, 2010, 2012, 2015, 2017, 2019). With the development of the technology itself, the “interest” of the state and the definition of threats, as well as the rapid growth of the capabilities of the artificial intelligence technology (coincides with the years of maximum progress in computing power and the introduction of new algorithms) are growing, and since 2012, the dynamic has been linear, since more new “discoveries” have contributed to evolutionary rather than “revolutionary” growth trajectory. The developed model is scalable. This feature may be useful in the empirical security studies: the artificial intelligence technology within the model can be replaced with other types of digital technologies (for example, big data, cloud computing or 5 g connection technologies, etc.); thus, empirical models of security consistency under the impact of other technologies can be developed. The approach proposed allows to under take cross-country comparisons with respect to specific types of digital technologies and their interactions with the security domain.

scholarly journals ARTIFICIAL INTELLIGENCE AND LAW: PROBLEMS AND PROSPECTS

2020 ◽  
pp. 14-18
Author(s):  
A.A. Vasiliev ◽  
Y.V. Pechatnova
Keyword(s):  
Artificial Intelligence ◽  
Rapid Development ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Scientific Field ◽  
Practical Significance ◽  
Artificial Intelligence And Law ◽  
Legal Risks ◽  
Digital Law ◽  
Modern Technologies

In the modern scientific space, artificial intelligence researches are becoming popular and, as theresult, disputes about the prospects and risks of its wider use are growing. The rapid development ofdigital technologies causes the urgent need of expansion the boundaries in the sphere of legal regulationand emergence new segments in it. Today, the development of digital technologies demonstrates the longterm tendency to reduce the protective abilities of existing legal institutions, which aggravates the conflictbetween the advantages of modern technologies and current legislation. In this regard, it seems relevant to study the concept of artificial intelligence, its appearance as an independent scientific field, as well as thelegal risks of using artificial intelligence and ways to overcome them.The social and practical significance of the study lies in the search for optimal legal regulation, which,in turn, will facilitate the unhindered introduction of the latest technologies, which are the catalyst foreconomic growth and contribute to the development of the digital economy.Keywords: digital technologies, digital law, artificial intelligence, legal risks, digital economy

On the devaluation of expert opinion or why do we need a law about the basics of expert activity

2020 ◽  
Vol 22 (3) ◽  
pp. 19-24
Author(s):  
MARAT R. BIKTIMIROV ◽  
◽  
OLGA V. PILIPENKO ◽  
MAXIM S. SAFONOV ◽  
◽  
...  
Keyword(s):  
Project Management ◽  
Structural Analysis ◽  
Expert Opinion ◽  
Knowledge Economy ◽  
Rapid Development ◽  
Digital Technologies ◽  
Accurate Assessment ◽  
Industrial Management ◽  
The Impact ◽  
Creative Construction

Taking practical responsible decisions in the field of social and industrial management in the context of rapid development of digital technologies in the era of the knowledge economy is impossible without reliance on expertise. A kind of organization of activities for the production of ‘predictions’ is required, when not only an accurate assessment of the impact of certain factors and their possible interactions with each other is given, but also as a result of creative construction of scenarios for the development of processes and events, an understanding comes which factors need to be taken into account. At the same time, the expertise constantly faces criticism, calling the conclusions of experts arbitrary, unreliable and subjective. Often, expertise is confused with monitoring, evaluation, diagnosis, inspection or counseling. The authors of the article carried out a structural analysis of the content of the expertise processes in the project management vector in the digitalization era and came to the conclusion that the effectiveness of the expertise is significantly increased in case of clear regulation of this type of activity, providing the necessary status.

Publics, Scientists and the State: Mapping the Global Human Genome Editing Controversy

2021 ◽  
pp. 1-28
Author(s):  
Ya-Wen Lei
Keyword(s):  
Public Sphere ◽  
Human Genome ◽  
Genome Editing ◽  
Scientific Research ◽  
Theoretical Framework ◽  
The State ◽  
Scientific Controversies ◽  
Chinese State ◽  
National Expert ◽  
The Impact

Abstract Literature on scientific controversies has inadequately attended to the impact of globalization and, more specifically, the emergence of China as a leader in scientific research. To bridge this gap in the literature, this article develops a theoretical framework to analyse global scientific controversies surrounding research in China. The framework highlights the existence of four overlapping discursive arenas: China's national public sphere and national expert sphere, the transnational public sphere and the transnational expert sphere. It then examines the struggles over inclusion/exclusion and publicity within these spheres as well as the within- and across-sphere effects of such struggles. Empirically, the article analyses the human genome editing controversy surrounding research conducted by scientists in China between 2015 and 2019. It shows how elite scientists negotiated expert–public relationships within and across the national and transnational expert spheres, how unexpected disruption at the nexus of the four spheres disrupted expert–public relationships as envisioned by elite experts, and how the Chinese state intervened to redraw the boundary between openness and secrecy at both national and transnational levels.

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.

DEEPFAKE AS A PHENOMENON OF POLITICAL COMMUNICATION

2021 ◽  
Vol 27 (6) ◽  
pp. 101-106
Author(s):  
М. Falaleev ◽  
◽  
N. Sitdikova ◽  
Е. Nechay ◽  
◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Political Communication ◽  
Political Discourse ◽  
Rapid Development ◽  
Theoretical Data ◽  
Practical Significance ◽  
Subject Field ◽  
Learning Programs ◽  
Definition Of ◽  
The Impact

The development of digital technologies, coupled with progress in the development of self-learning programs based on AI (Artificial Intelligence), has obvious advantages in improving the effectiveness of information impact on people around the world. During the 2010s, researchers have documented trends in the use of artificial intelligence for the construction and distribution of media content to indirectly manipulate political discourse at the national and global levels. Special interest in the context of this issue is how the rapid development of AI technologies affects political communication. The object of consideration within the framework of this article is the deepfake technology. Based on this, as a subject, the authors define deepfake as a phenomenon of modern political communication. Accordingly, the purpose of the study is to describe and predict the impact of deepfake technology on political communication at the global and national levels. The paper presents the definition of deepfake, assesses its characteristics depending on the methods and purposes of its distribution, and analyzes the prospects for using this tool to influence political discourse in modern Russia. To study the subject field of the research, methods of systematizing theoretical data, classification, analysis of a set of factors and forecasting have been applied. The practical significance of the work is presented by the authors’ definition and typology of the phenomenon of deepfake and describes its significance as a factor of political communication on the example of a particular country. The results of the work will be useful for researchers studying the problems of digitalization of the media space and modern means of disinformation in politics, both at the local and global levels

scholarly journals Legal Basis of State Support for Creating Innovative Medicinal Products

2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev
Keyword(s):  
Pharmaceutical Industry ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
State Support ◽  
Public And Private ◽  
Development Fund ◽  
Private Partnership ◽  
The Creation

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.

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