scholarly journals On the legal status of the “art” of the artificial intelligence

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 531-540
Author(s):  
Viktor B. Naumov ◽  
◽  
Ekaterina V. Tytjuk ◽  
Keyword(s):  
Artificial Intelligence ◽  
Legal Status ◽  
Legal Protection ◽  
Point Of View ◽  
Domain Model ◽  
Working Process ◽  
Work Of Art ◽  
Legal Doctrine ◽  
Advantages And Disadvantages ◽  
Definition Of

The article is dedicated to the issues of protection of artworks, created by the artificial intelligence or with the help of artificial intelligence. The authors of the article analyze the term “artificial intelligence” from the perspective of technologies, legal doctrine and legislation and provide critical comparison of these definitions, basing on which stipulate several key criteria of the definition of artificial intelligence. The article also describe basic principles of the working process of the artificial intelligence systems. Basing on the key criteria, provided as a result of the analysis of the existing definitions of the “artificial intelligence”, the authors generate their own definition of this term. The article also provides detailed analysis of the term “creativity” from the perspective of the objective and subjective approaches. The analysis includes comparison of the process of the creation of the work of art by the human and by the artificial intelligence. The authors question whether it is possible in principle to apply the term “work of art” to the objects created by the artificial intelligence. According to the authors’ point of view, current level of the artificial intelligence technologies does not provide any possibility to apply the term “creativity” to artificial intelligence as the model of the working process of the artificial intelligence is based ultimately on the mathematical algorithms. According to the article, this mean that the objects created by the artificial intelligence or with the help of it do not meet traditional requirements of creativity. The article provide several potential regulation models for the objects created by the artificial intelligence or with the help of it. These models can be broken down as follows: no legal protection is required, public domain model, protection under information law, protection as know-how objects, protection as intellectual property objects. The authors of the article provide comparative analysis of the above-mentioned models of protection, the advantages and disadvantages of each model, give their opinion on the existing and potential legislative initiatives in the sphere of artificial intelligence regulation.

scholarly journals Protecting Sentient Artificial Intelligence: A Survey of Lay Intuitions on Standing, Personhood, and General Legal Protection

2021 ◽  
Vol 8 ◽  
Author(s):  
Eric Martínez ◽  
Christoph Winter
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Intelligent Systems ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Doctrine ◽  
Legal Personhood ◽  
Political Differences ◽  
Near Future ◽  
Far Future

To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming its existence) in at least some cases, the lowest of any group surveyed on, and rated the desired level of protection for sentient AI as lower than all groups other than corporations. We further investigated and observed political differences in responses; liberals were more likely to endorse legal protection and personhood for sentient AI than conservatives. Taken together, these results suggest that laypeople are not by-and-large in favor of granting legal protection to AI, and that the ordinary conception of legal status, similar to codified legal doctrine, is not based on a mere capacity to feel pleasure and pain. At the same time, the observed political differences suggest that previous literature regarding political differences in empathy and moral circle expansion apply to artificially intelligent systems and extend partially, though not entirely, to legal consideration, as well.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

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 Legal status of the agrarian exchange of Ukraine

2020 ◽  
pp. 37-40
Author(s):  
Anastasiia TEROSHKINA
Keyword(s):  
Legal Status ◽  
Operative Management ◽  
Point Of View ◽  
Government Agencies ◽  
Agricultural Producers ◽  
Legal Form ◽  
Non Profit ◽  
Legal Documents ◽  
Definition Of ◽  
The Right

In this paper presents and analyzes the concept of the Agrarian Exchange from the point of view of scientists of the economic and legal community, as well as the legislative definition of the corresponding concept. Particular attention is paid to the study of legal documents designed to regulate the activities of the Agrarian Exchange, to establish its legal status. The issues of organizational and legal form and legal status of the property of the Agrarian Exchange are also revealed. Due to some similarities between the Agrarian and Commodity Exchanges, an analysis of the comparison of these two entities is given. The analysis allowed finding fundamental differences concerning the subjects authorized to create the Agrarian Exchange. At the same time, the paper proposes the need to create a subject of the agricultural market in such an organizational and legal form as a non-profit company. First of all, it will be correlated with the legal status of the property owned by the Agrarian Exchange. The possibility of participation in the founding activities of the Agrarian Exchange of large agricultural producers is also considered. But only if the Agrarian Exchange operates in a certain organizational and legal form, which may allow such participation alongside government agencies. That is why, the right of operative management of property, which has the Agrarian Exchange, is decisive for the legislator in the possible choice of organizational and legal form of creation of this entity. That is why the paper is aimed at encouraging the need to adopt a new legislative act that will clearly provide the nuances of the creation, operation and termination of the Agrarian Exchange.

scholarly journals TOPICAL ISSUES OF RESEARCH AND EDUCATIONAL POLICY DEVELOPMENT IN RUSSIA

2020 ◽  
Vol 9 (02) ◽  
pp. 197-211
Author(s):  
Anna Rozentsvaig ◽  
R. A. Vdovin
Keyword(s):  
Artificial Intelligence ◽  
Educational Policy ◽  
Policy Development ◽  
Legal Status ◽  
Technological Development ◽  
Legal Regulation ◽  
Competence Development ◽  
Point Of View ◽  
Research Education ◽  
World Class

The article deals with some directions of the research and educational policy development. The correlation of approaches to the development of the strategic academic leadership program and the world-class research and educational centers establishing, centers of competence development is analyzed. Engineering knowledge and technology are at the heart of the modern economy. Engineering methods, approaches, and technologies have permeated medicine, biology, agriculture, chemistry, and the development of new materials. Understanding the directions of technological development determines the prospects for creating and using new products. further development of the issue related to the introduction of artificial intelligence technologies in the engine-building industry from the point of view of legal regulation will allow to consolidate the official legal status of such technologies at the legal level and regulate the algorithm and delimit the use of artificial intelligence technologies. The analysis of responses to the big challenges of scientific and technological development and the exhaustion of economic growth opportunities, the formation of the digital economy and the risks of reducing human resources. The development of international accreditation procedures is proposed. Keywords: Research; Education: Research and educational center: Competence development center; Artificial intelligence technologies: International accreditation.

scholarly journals Definition of actors of administrative and legal support of information security in the customs area

2020 ◽  
Vol 3 (3) ◽  
pp. 294-299
Author(s):  
Turhut Salayev
Keyword(s):  
Information Security ◽  
Local Governments ◽  
Legal Status ◽  
General Information ◽  
Legal Doctrine ◽  
Theoretical Understanding ◽  
The Subject ◽  
The Difference ◽  
Definition Of ◽  
Broad Approach

The article deals with scientific and theoretical understanding and the provision of the definition of the category "actors of administrative and legal support of information security in the customs area". The author has disclosed and analyzed the provisions of the administrative and legal doctrine of the above questio, besides, the problematic issues of the definition of "subjects of administrative and legal support of information security in the customs sphere" are identified, andthe necessity of distinguishing this concept from other related concepts and categories is defined. Disclosing issues of actors of administrative and legal support of information security in the cus-toms sphere, it is necessary to avoid substitution of concepts and clearly understand the difference between the concepts of "institutional mechanism of administrative and legal support of information security in customs" and "state mechanism of administrative and legal support of information security in the customs sphere "from the concept of" subjects of administrative and legal support of information security in the customs sphere ". After all, the concept that is the subject of our study, of all the above, has the most comprehensive and broad scope and meaning. That is why, disclosing a set of subjects of administrative and legal support of information security in the customs sphere, it is advisable to apply a broad approach to understanding this category, given that among such subjects must be considered non-state subjects. objects - local governments, public organizations, etc. Because without their activities such a list will not be complete, and the mechanism of administrative and legal support of information security in the customs sphere will not be such that covers all possible spheres of public life and methods of information security. The current general information and administrative legislation, as well as special legislation gov-erning the procedure of customs, is considered in order to more clearly disclose the features and legal status of the actors of administrative and legal support of information security in the customs area. Each of these entities plays an appropriate role and occupies the necessary place in the system of national security of Ukraine, information security of Ukraine in general and information security in the customs area in particular. This role can be described as the implementation of general control over information security in the customs area, as well as taking measures to respond to violations of information legislation and the emergence of threats to information in the customs area within the powers defined by law. At the same time, the administrative and legal provision of information security is carried out directly by the customs authorities.

Mission of the Territory: How to Develop It and is it Needed at All?

2020 ◽  
Vol 144 ◽  
pp. 126-135
Author(s):  
Anna A. Voloshinskaya ◽  
Keyword(s):  
Economic Development ◽  
Content Analysis ◽  
Mission Statement ◽  
External Environment ◽  
Point Of View ◽  
Foreign Experience ◽  
Advantages And Disadvantages ◽  
Socio Economic Development ◽  
Definition Of ◽  
Practical Recommendations

There is no generally accepted definition of a territory’s mission either in Russia or abroad. So is it worth including a mission in the strategy of socio-economic development of a territory and what definition of the mission is better to choose? To answer these questions, a content analysis of Russian and foreign definitions of the territory's mission has been carried out, from which common units of meaning were identified. It was established that a number of semantic units in definitions of the territory's mission and the mission of organization coincide. However, from the point of view of the mission statement, there are a number of significant differences between a territory and an organization, which makes some definitions of the territory’s mission hardly applicable in practice. Conclusion is made: it is better to define the territory's mission through its role in the external environment, functions and unique features of the territory. The article examines advantages and disadvantages of alternative options: not to develop a mission at all or to develop it in a purely formal way. Practical recommendations on developing a territory mission, examples from Russian and foreign experience are given.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals Legal status of a law enforcement official of Mongolia

2021 ◽  
Vol 2021 (4) ◽  
pp. 172-180
Author(s):  
Nyamsuren Erdenebulgan
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Enforcement Official ◽  
Legal Situation ◽  
Special Service ◽  
Wide Range ◽  
Definition Of

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

scholarly journals Argumentation in Favor of the Legal Confirmation of the Principle of Good-Faith Discharge of Tax Obligations

Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-12
Author(s):  
Maryana B. Napso ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Good Faith ◽  
Legal Definition ◽  
Direct Dependence ◽  
Complex Approach ◽  
The Russian Federation ◽  
Definition Of

Throughout studying of a problematics of conscientiousness in article the question of legislative fastening of a category of conscientiousness from the point of view of various approaches is considered. Considering the complex approach necessary in questions of legal definition of the maintenance of this or that category, the author insists on introduction of concepts of conscientiousness, the diligent tax bearer, a presumption of conscientiousness not only and it is not so much within the limits of separate norms and articles, how many on necessity of reduction of maintenance НК the Russian Federation according to them. The legal regulation in such context when conscientiousness is a letter and spirit of the law, demands revision of set of its positions, concerning legal status of tax bearers, tax departments, tax agents, banks, a legal regulation of actions of tax control and consideration of their results, the tax information etc. Hence, for the author it is a question of giving to legal regulation of a certain orientation, a formulation new концепта, according to which: 1) the diligent person always has advantage before unfair, and the more so before the defaulter; 2) the diligent person cannot be put in the worst position, than unfair; 3) granting of tax privileges demands a recognition of the person the diligent; 4) application of special tax modes is put in direct dependence on a recognition of the person by the diligent. Thus, in a basis of legal regulation of a principle of conscientiousness the author puts the approach based on a recognition of a difference of legal status of persons depending on execution by them of a duty on payment of taxes that, in its opinion, to the greatest degree corresponds to taxation major principles — compulsions, generality, equality and justice.

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