scholarly journals Artificial Intelligence in the Legal Space

2018 ◽  
Vol 22 (3) ◽  
pp. 314-327
Author(s):  
Oleg A Yastrebov

The active implementation of digital technologies into all spheres of public life, as well as the rapid development of artificial intelligence, is assuming a serious dimension, thus requiring a special attention of the legislator. The article examines the current state of the legal regulation of the artificial intelligence. The author considers the Strategy of the Information Society Development in the Russian Federation for 2017-2030, as well as provides some clear examples of active implementation of artificial intelligence into social reality. The author also provides the McKinsey consulting group's research findings which reflect the prospects for replacing human labor by robots. It is pointed out that the issue of total computerization and the corresponding displacement of a human from the sphere of intellectual activity is rather controversial. The article also discusses the main possible problems related to the artificial intelligence technologies: the problems of responsibility that may arise in the operation of industrial robots; the continuity of digital activity can affect the psychoemotional state. The issue of a possibility for creating robots with intelligence and endowed with personality is being considered from the Philosophy perspective. The conclusion is drawn that the theoretical study of the intellect and the "electronic person" is one of the possible redirections of the Russian law development in modern conditions.

2021 ◽  
pp. 11-22
Author(s):  
Galina Andreeva ◽  

This review summarizes the statements of Russian scientists about the current state of scientific development of issues of legal regulation of AI, the complexities of the problems facing scientists and the assessment of the proposed ways to solve them in the most important aspects of legal regulation of AI.


Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.


Author(s):  
Maryam Abdurakhmanovna Akhmadova

The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.


2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov

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.).


2021 ◽  
Vol 1 (1) ◽  
pp. 29-36
Author(s):  
Igor Milinkovic

Abstract The rapid development of artificial intelligence (AI) systems raises dilemmas regarding their moral and legal status. Can artificial intelligence possess moral status (significance)? And under what conditions? Can one speak of the dignity of artificial intelligence as the basis of its moral status? According to some authors, if there are entities who have the capacities on which the dignity of human beings is based, they would also possess intrinsic dignity. If dignity is not an exclusive feature of human beings, such status also could be recognised by artificial intelligence entities. The first part of the paper deals with the problem of moral status of artificial intelligence and the conditions that must be fulfilled for such a status to be recognised. A precondition for the existence of moral status of artificial intelligence is its ability to make autonomous decisions. This part of the paper considers whether developing autonomous AI is justified, or, as some authors suggest, the creation of AI agents capable of autonomous action should be avoided. The recognition of the moral status of artificial intelligence would reflect on its legal status. The second part of the paper deals with the question of justifiability of ascribing legal personhood to the AI agents. Under what conditions would recognition of legal personhood by the artificial intelligence be justified and should its legal subjectivity be recognised in full scope or only partially (by ascribing to the AI agents a “halfway-status,” as some authors suggest)? The current state of the legal regulation of artificial intelligence will be observed as well.


Author(s):  
Т.В. Твердова

Аннотация. Статья посвящена оценке искусственного интеллекта с по- зиции действующего российского законодательства, предлагается относить- ся к нему как к результату интеллектуальной деятельности. Рассмотрена целесообразность включения в Гражданский кодекс Российской Федерации спе- циальных норм о договорах, заключаемых по поводу создания искусственного интеллекта и передачи прав на его использование. Затронута проблема от- ветственности. The article is devoted to the assessment of artificial intelligence from the standpoint of the current Russian legislation, it is proposed to treat it as a result of intellectual activity. The expediency of including in the Civil Code of the Russian Federation special rules on contracts concluded on the creation of artificial intelligence and the transfer of rights to use it is considered. The problem of responsibility is raised.


Author(s):  
Zhanna Pavlenko

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.


2021 ◽  
Vol 66 ◽  
pp. 50-55
Author(s):  
S.R. Kornieieva

This article is devoted to the analysis of approaches to the legal regulation of artificial intelligence. At present time, issues of regulation of artificial intelligence and its impact on the exercise and protection of human rights are being at the stage of active development in the studies of scholars, mainly from European countries, and are less covered in scientific studies of scholars in Ukraine and other countries of the former Soviet Union. Given the trends of rapid development of artificial intelligence technologies, it can be presumed, that in the nearest future this topic will become the focus of many scholars in jurisprudence. In order to determine the place of artificial intelligence technologies in the legal system, it was conducted a general analysis of approaches to the legal regulation of this technology.      The analysis provides the review of the structure of legal regulation on the example of scientific developments and conclusions of the Council of Europe, as well as provides alternative approaches to definition of the subject-object nature of the concept of "artificial intelligence". Some scholars suggest legal regulation of "artificial intelligence" as an object of legal relations which is fully made and controlled by human. Other scholars suggest that "artificial intelligence" should be given subjective legal capacity, considering it as an autonomous and capable of taking responsibility for its own actions. The article provides the analysis the basis and possible consequences of the implementation of these two approaches in legal systems. The article also covers the rights and responsibilities of developers, owners and people who use artificial intelligence. The article partially covers the hybrid model of legal relations, in which part of public relations is exercised without human being.      It also defines the positive and negative consequences of the application of the approaches proposed by scholars.      The author emphasizes the low amount of studies concerning legal approaches and the lack of unified approach that could be applied in practice.


2020 ◽  
pp. 14-18
Author(s):  
A.A. Vasiliev ◽  
Y.V. Pechatnova

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


Author(s):  
Evgeniya Chernyh

The article discusses the prospects for the development of artificial intelligence systems in healthcare in Russia in the context of the introduction of the digital economy. A brief historical analysis of the use of artificial intelligence in the social sphere is carried out, the main directions of the modern Russianstate concept of the development of artificial intelligence are investigated. The main directions of using intelligent systems are revealed. The author emphasizes the need for legal regulation of digital medicine and, in this regard, analyzes the main criminal legal risks of causing harm to law-protected interests by one of the areas of digital medicine. It is noted that the criminal law problem of the use of artificial intelligence remains to date not developed in Russian criminal law, in this regard, the author emphasizes the urgent need for a more rapid development of criminal law rules governing legal relations in this area of activity. At the same time, the conditionality of the existence of a norm on criminal liability directly depends on the nature and degree of social danger of the act. The author of a brief analysis of foreign experience in the legal regulation of the use of artificial intelligence in the medical field. In the final part of the article, the author proposes qualification options in determining the subject composition causing harm.


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