scholarly journals Logical and conceptual constructions, theoretical and legal versions of the interpretation of the artificial intelligence’s "legal personality"

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Yana V. Gaivoronskaya ◽  
Alexey Y. Mamychev ◽  
Olga I. Miroshnichenko ◽  
Oksana Khotynska- Nor
Keyword(s):  
Artificial Intelligence ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Research Topic ◽  
Legal Concept ◽  
Legal Personality ◽  
General Status ◽  
The Status ◽  
And Robotics

The lack of sufficient legal regulation of relations associated with the use of artificial intelligence and robotics is associated with the conceptual lack of resolution of the basic issues underlying modern models of legal regulation for anything: about the concept and general status of the phenomenon to be settled. With regard to the research topic, this translates into questions about the concept and legal personality of artificial intelligence. These questions represent a kind of logical metaphor: in order to start modeling the legal personality of artificial intelligence, we must first define its concept; and the legal concept of artificial intelligence will be formulated differently depending on whether we consider it as a subject or an object of law. The authors investigate the technical, moral and legal aspects of the problem concerning the status and understanding artificial intelligence, and draw conclusions about the basic conditions for the legal regulation of this area.

Artificial Intelligence from an Interdisciplinary Perspective: Philosophical and Legal Aspects

2021 ◽  
Vol 64 (5) ◽  
pp. 57-70
Author(s):  
Sergey V. Ablameyko ◽  
Maria S. Ablameyko
Keyword(s):  
Artificial Intelligence ◽  
Technological Development ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Philosophical Discussion ◽  
Legal Personality ◽  
Interdisciplinary Perspective ◽  
The Social ◽  
The Republic ◽  
And Robotics

The article discusses the development of artificial intelligence systems from an interdisciplinary perspective, addressing philosophical and legal problems. Special attention is paid to the issue of the creation of artificial general intelligence. The use and implementation of AI systems can potentially create controversial legal situations from in many areas. Among them are data confidentiality, social security and responsibility, intellectual property of AI systems, legal personality of AI systems, ethical standards of using AI systems. It is shown that legal regulation in the field of AI is lagging behind technological development. There is practically no legal regulation of the terms, conditions, and rules of the development, launching, operating, integration into other systems, and controlling of AI technologies. The authors analyzes the process of improving the regulatory framework in some countries, especially in the Republic of Belarus. The articles focuses on the paradoxes of legal regulation of AI systems. That authors argue that there is a need for coordination in the development of Belarusian legislation in the field of AI, taking into the account the international legal and philosophical discussion on the social responsibility of AI. The article proposes to develop and adopt a special legislation on the development of AI and robotics. According to the authors, in the new legislation, special attention should be paid to the issues of legal and ethical use of AI systems. The article concludes that there is a critical importance of a comprehensive and multidisciplinary discussion to ensure legal regulation of AI-related issues.

scholarly journals Criminological Risks of Using Artificial Intelligence

2018 ◽  
Vol 12 (6) ◽  
pp. 767-775 ◽  
Author(s):  
Ildar Begishev ◽  
Zarina Khisamova
Keyword(s):  
Artificial Intelligence ◽  
Intelligent System ◽  
State Level ◽  
Legal Regulation ◽  
Theoretical Concept ◽  
Negative Effects ◽  
Global Business ◽  
Legal Personality ◽  
Digital World ◽  
The Status

The topics of artificial intelligence (AI) and the development of intelligent technologies are highly relevant and important in the modern digital world. Over its fifty years of history, AI has developed from a theoretical concept to an intelligent system capable of making independent decisions. Key advantages of using AI include, primarily, an opportunity for mankind to get rid of routine work and to engage in creative activities that machines are not capable of. According to international consulting agencies, global business investments in digital transformation will reach 58 trillion USD by 2021, while global GDP will grow by 14 %, or 15.7 trillion USD, in connection with the active use of AI. However, its rapid evolvement poses new threats connected with AI’s ability to self-develop that the state and the society have to counteract; specifically, they have to introduce normative regulation of AI activities and to address threats arising from its functioning. The authors present a thorough analysis of the opinions of leading researchers in the field of social aspects of AI’s functioning. They also state that the regulation of the status of AI as a legal personality, not to mention its ability to commit legally meaningful actions, remains an open question today. At present, the process of creating a criminological basis for applying AI, connected with the development of new intelligent technologies, is underway, it requires actions and decisions aimed at preventing possible negative effects of its use and reacting to them on a state level. The authors’ analysis of the history of AI’s emergence and development has allowed them to outline its key features that pose criminological risks, to determine criminological risks of using AI and to present their own classification of such risks. In particular, they single out direct and indirect criminological risks of using AI. A detailed analysis has allowed the authors to identify an objective need for establishing special state agencies that will develop state policy in the sphere of normative legal regulation, control and supervision over the use of AI.

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

scholarly journals Medical Applications of Artificial Intelligence (Legal Aspects and Future Prospects)

Laws ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 3
Author(s):  
Vasiliy Andreevich Laptev ◽  
Inna Vladimirovna Ershova ◽  
Daria Rinatovna Feyzrakhmanova
Keyword(s):  
Artificial Intelligence ◽  
High Efficiency ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Future Prospects ◽  
Legal Regime ◽  
Legal Personality ◽  
Gradual Introduction

Background: Cutting-edge digital technologies are being actively introduced into healthcare. The recent successful efforts of artificial intelligence in diagnosing, predicting and studying diseases, as well as in surgical assisting demonstrate its high efficiency. The AI’s ability to promptly take decisions and learn independently has motivated large corporations to focus on its development and gradual introduction into everyday life. Legal aspects of medical activities are of particular importance, yet the legal regulation of AI’s performance in healthcare is still in its infancy. The state is to a considerable extent responsible for the formation of a legal regime that would meet the needs of modern society (digital society). Objective: This study aims to determine the possible modes of AI’s functioning, to identify the participants in medical-legal relations, to define the legal personality of AI and circumscribe the scope of its competencies. Of importance is the issue of determining the grounds for imposing legal liability on persons responsible for the performance of an AI system. Results: The present study identifies the prospects for a legal assessment of AI applications in medicine. The article reviews the sources of legal regulation of AI, including the unique sources of law sanctioned by the state. Particular focus is placed on medical-legal customs and medical practices. Conclusions: The presented analysis has allowed formulating the approaches to the legal regulation of AI in healthcare.

scholarly journals Legal Problems of Digitalization: Theoretical and Legal Aspects

Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Social Regulation ◽  
Legal Studies ◽  
Legal Problems ◽  
The Social ◽  
Analysis And Synthesis ◽  
Actual Change

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.

scholarly journals Artificial intelligence: economy, intellectual property, threats

2021 ◽  
pp. 56-74
Author(s):  
Hennadii Androshchuk
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Protection ◽  
World Market ◽  
Legal Regulation ◽  
White Paper ◽  
Theoretical Research ◽  
Digital Information ◽  
Legal Analysis ◽  
Legal Personality

Keywords: artificial intelligence, economic impact, intellectual property, regulation,cybersecurity, risks, threats, national security Artificial intelligence (AI) technologies, the spread of which is based on thewidespread use of digital information and the rapid growth of computing power, areleaving the realm of purely theoretical research and becoming one of the segmentsof the world market that can have truly revolutionary consequences. The paper provideseconomic and legal analysis of the state and trends of AI, identifies its impacton the economy, the importance of the role of intellectual property (IP), assesses therisks, threats and dangers of criminal use of AI, developed mechanisms to counterthem. The development of AI technologies as an integral part of «Industry 4.0» isconsidered, the main provisions of the «White Paper on Artificial Intelligence» ofthe EU are studied.Over the next decade, the EU plans to spend $20 billion a year on AI development.At the same time, the protection of IP rights in the context of AI development and relatedtechnologies has been unconsidered by the Commission, despite the key importanceof these rights. In legal regulation, AI is seen as a new challenge for the economyand the legal system, a new phenomenon that has a multiplier effect, a legal phenomenonin the structure of legal relations, a new object for legal regulation. The introduction of AI in the field of IP creates new legal and economic problems.The creation of AI works is an integral area of activity in the modern digital economy.These circumstances bring to the fore the problem of recognition of authorship in thecreation of AI works, the possibility of authors to dispose of their rights and their useof mechanisms for legal protection of IP. The analysis of the cases considered bycourts connected with a problem of legal personality of AI is carried out, legislative activityon this question is studied. Possibilities and dangers of criminal use of AI areshown. They are ranked in order of their level of danger — depending on the harmthey may cause, the potential benefit or the benefit of crime. Prospects for the developmentof AI in Ukraine are shown, the Concept of development of artificial intelligencein Ukraine is analysed. It is concluded that AI should become one of the key driversof digital transformation and overall growth of Ukraine's economy.

scholarly journals Tax lien as a way to ensure the fulfillment of the constitutional obligation to pay taxes and fees

2020 ◽  
pp. 89-92
Author(s):  
Svitlana Hretsa
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Regime ◽  
Important Place ◽  
The Status ◽  
Protection Of Human Rights ◽  
History Of ◽  
The Right ◽  
Legal Mechanism

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.

scholarly journals Technological, Ethical, Environmental and Legal Aspects of Robotics

2021 ◽  
Vol 244 ◽  
pp. 12028
Author(s):  
Ildar Begishev ◽  
Zarina Khisamova ◽  
Vitaly Vasyukov
Keyword(s):  
Artificial Intelligence ◽  
Legal Aspects ◽  
Technical Approach ◽  
Legal Personality ◽  
Current State

Robotics is considered by modern researchers from various positions. The most common technical approach to the study of this concept, which examines the current state and achievements in the field of robotics, as well as the prospects for its development. Also, quite often in recent years, legal experts have begun to address problems related to the development of robotics, focusing on issues related to the legal personality of robots and artificial intelligence, as well as the responsibility of AI for causing harm. A separate direction in the field of robotics research is the analysis of this concept and the relations associated with it, from the standpoint of morality, ethics and technologies.

scholarly journals Social Challenges in a Human-robot Relationship

ICR Journal ◽  
2020 ◽  
Vol 11 (1) ◽  
pp. 153-156
Author(s):  
Shahino Mah Abdullah
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Humanoid Robots ◽  
Human Society ◽  
Social Challenges ◽  
Intelligent Robots ◽  
The Status ◽  
Recent Developments ◽  
Special Rights ◽  
And Robotics

Recent developments in Artificial Intelligence (AI) and robotics have further improved the ability of humanoid robots to engage with humans. The increase in their ability and value has led to several initiatives to proffer special rights to such intelligent robots as a means of protection. These efforts have, at the same time, raised questions about the possibility of robots being a part of human society, if not our equals. Confusion primarily revolves around the status of intelligent robots, whether they are property or have other special statuses that may resemble human rights.

scholarly journals The ethical and legal aspects of robotics: the european perspective

2019 ◽  
Vol 5 (1) ◽  
pp. 113-120
Author(s):  
Anton Vasilyev ◽  
Olga Vasilyeva
Keyword(s):  
Artificial Intelligence ◽  
Critical Review ◽  
Autonomous Robots ◽  
European Parliament ◽  
Legal Aspects ◽  
Liability Insurance ◽  
European Perspective ◽  
Legal Personality ◽  
Legal Structure ◽  
The Subject

The article is devoted to a critical review of the European Parliament Resolution of February 16, 2017 on the regulations in the field of robotics. The authors analyze the approaches of the creators of the law in terms of perception of autonomous robots as subjects of law and pay attention to the legal liability for damage caused by robots. The authors conclude that the concept of robots as the subject of law and the possibility of endowing robots with artificial intelligence with the qualities of a legal or electronic entity are arguable. First of all, the legal personality of robots raises the problem of responsibility and protection of the rights of potential victims. The resolution of the European Parliament emphasizes the need for such a legal structure that will ensure the harmonization of the interests of developers and sellers of autonomous robots, users and victims – the imposition of liability on the manufacturer or liability insurance.

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