scholarly journals The concept of integrating artificial intelligence into the legal system

2021 ◽  
Vol 25 (3) ◽  
pp. 673-692
Author(s):  
Yulia A. Gavrilova

The article is devoted to the issue of artificial intelligence integration into the legal system. The human life is inextricably linked with digital technologies in the digital age. Legal regulation of developing and applying artificial intelligence has a complex influence on the legal system of Russian society. In this regard, the issue is characterized by high scientific and practical significance and meets the strategic needs of the legal policy of the Russian Federation. The purpose of the article is to formulate the main elements of the concept of integrating artificial intelligence into the legal system. Research methods contributing to reaching the aim are formal-legal, analogy, extrapolation, cultural-historical, modeling and forecasting. The results of the study can be outlined as follows. We think that humanistic approach to domestic legal system is the most optimal; within this approach artificial intelligence is naturally and imperceptibly integrated into the human environment as a smart intelligence that performs the functions of smart regulation. The legal regulation of embodied (robotic) and swarm (collective) artificial intelligence should be introduced with reasonable caution and predictability with regard to technical standards and controlled legal experiments after conducting the widest possible ethical expertise. When forming the concept of artificial intelligence integration into the legal system a number of fundamental factors must be taken into consideration: legal continuity of doctrinal legal knowledge, differentiation of legal regimes and consideration of the cultural and civilizational code and psychology and mentality of the society where such legal regulation is being developed and implemented.

2015 ◽  
Vol 2 (3) ◽  
pp. 46-51
Author(s):  
K E Kovalenko

The relevance of the research topic due to the theoretical and practical significance of the requirements of reasonableness in solving issues of law and the development of organic elements of the legal system of the Russian society. The level of legal culture of society depends not only on the state of quality of its individual elements, but their consistency, correspond to each other. Provide reasonable legal regulation is one of the important directions of legal reform becomes a problem of legal science in general, requires a comprehensive research. These issues have not received a separate study on monographic level.


2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law


2021 ◽  
Vol 7 (2) ◽  
pp. 671-690
Author(s):  
Ksenia Michailovna Belikova

This article aims to examine India’s approaches to handling the items of ethics and legal regulation (framework) of the development and application and the use of artificial intelligence in the military sphere in the context of national acts, capabilities and needs of India. It was revealed that the country’s lag behind its neighbors (China, Pakistan) and recognized leaders in this area (USA, Israel) is a motive for formulating the concept of ensuring India’s military superiority based on AI as a force multiplier. It was revealed that the identified problems require a prompt solution based on the concerted joint efforts of the relevant interested parties with the leading role of the government. The theoretical and practical significance of the results obtained is determined by the fact that the readers will be provided with current scientific information about India’s approaches to the designated areas from the standpoint of law and ethics.


2020 ◽  
Author(s):  
Haoxi Zhong ◽  
Chaojun Xiao ◽  
Cunchao Tu ◽  
Tianyang Zhang ◽  
Zhiyuan Liu ◽  
...  

2020 ◽  
pp. 102-107
Author(s):  
T.V. Shlapko ◽  
D.V. Ponomarenko

The article examines the theoretical and legal aspects of determining the subject and object of forensic examination in Ukraine, their relationship and formation during the examination, based on the analysis of the current state of research and issues of legal regulation. From our research it is seen that the concept of the subject of forensic examination, as one of the fundamental, in the scientific literature has received a lot of attention, because the subject determines the nature and content of expert research, their methodology, etc. However, despite the important theoretical and practical significance, scientifically sound definitions of the subject of forensic examination in both general and specific meanings have not yet been developed. According to the results of the study, the subject of forensic examination is medical and medicalbiological issues that arise during the inquiry, preliminary investigation and trial, while the object of forensic examination is a person and his life. The immediate object is determined by the court when it appointing a forensic examination – it is usually a carrier of evidence in the case. Thus, the subject of the forensic examination is, in generalized form, the identification of patterns and individual features of pathological processes in the human body (or corpse), as well as in the products of human life, which have legal significance and entail certain legal consequences for the case while of establishment by the court of legal facts and causal relations. The article also concludes that the correct understanding of the object is one of the important aspects in the theory and practice of forensic science. This, in particular, is essential for distinguishing types of expertises, determining the competence of the expert, creating appropriate conditions for expert research, and so on.


Author(s):  
Tigran T. Aliyev ◽  

More recently, the idea of a robot among laypeople was at the level of an "exhibition piece" that had little or no connection to real life, but rather was part of a theoretically possible future. But with the passage of time and the development of technology, artificial intelligence has been introduced into people's everyday lives: smartphones, robots that help and facilitate human life, electronic assistants in various kinds of services. At the same time, the relation-ship between robots and humans is still largely unregulated by law. The probability of unpre-dictable consequences is growing exponentially. In order to reduce the risk of such adverse consequences, the need for legal regulations plays a key role, the content of which is being reviewed and developed by leading lawyers and engineers. The Industrial Revolution changed the very notion of the ways and means of production in the minds of the masses in such a way that the process of robotisation and the introduction of artificial intelligence into various spheres of life became inevitable. Later on it was under-stood that human influence on production process began to decrease noticeably and was re-placed by programs, which with the help of digital algorithms determined behavior of robots and character of artificial intellect thinking. Russian legislation faced the task of legal assess-ment of the nature of artificial intelligence and regulation of its use. The article analyzes possible ways of disclosing the concept "artificial intelligence" as a legal category and its correlation to the concept "robot", deals with questions of legal respon-sibility for the work of artificial intelligence, studies the possibility of recognition of a robot possessing artificial intelligence as a subject of law. Purpose of work is to propose ways of legislation development in conditions of digitalisa-tion and introduction of artificial intelligence in everyday life. The topic of legal regulation of artificial intelligence and robotics is investigated on a scientific basis. The scientific basis of this article was formed on the basis of scientific works of foreign scientists (Higgins T., Musk I., Calo R., Frumkin A.M., Kerr I., Pagallo W., Walker J.). The scientific development of the content of this article was based on general scientific methods: analysis, synthesis, generalization, statistics, induction and deduction, interpretation, classification and comparative methods.


Author(s):  
Nataliia Myronenko

Keywords: law, intellectual property, codification and systematization of legislation,principles of codification, concepts, types and system of principles of codification The article revealstheoretical approaches to defining the system of principles of codification, theirplace in the legal system, which characterize the content of law in a concentratedform, its structure, the relationship between sources of law, law and justice, law andgovernment coercion and belief in legal regulation. It is proved that the system-formingcriterion of the principles of law and the principles of legislation are their functionaland purpose. The practical significance of the principles in the process of systematizationof legislation in the field of intellectual property, including its type suchas codification, is revealed. The correlation of principles of law and principles of legislationare investigated. It is established that there is a dialectical connection betweenlaw and law, which is manifested in the fact that: legislation is an external form of expressionof law, a way of expressing its content; most of the law is substantively includedin the legislation; the spheres of law and law do not coincide but intersect; inthat part, in which law and law coincide, the principles of law are the essence of theprinciples of law and vice versa — the principles of law are the principles of law. At the same time, since the legislation is an external form of expression of law and doesnot completely coincide with the law and does not contradict it, its creation and developmentare subject to certain specific rules and technologies. The main methodologicalprinciples that influence the separation of the system of principles, their place inthe theory of codification are determined; substantiates the need to include in the systemof general and special principles of codification and sectoral principles, which arethe theoretical basis and ensure those features are taken into account in the processof codification of individual branches of legislation. It is proved that there is a dialecticalrelationship between the purpose of codification, its tasks and the principles onwhich codification activity is based, the dependence of its result on the degree of consistencyof these elements of codification.


Author(s):  
Vitalii Knysh

Purpose. The aim of the article is to study the genesis and development of constitutional responsibility in Kyiv Rus. Methodology The methodology provides for a comprehensive study of historical and theoretical material on this issue, as well as the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: historical, historical-legal, terminological, formal-logical, system-functional. Results. In the course of the study it was established that during the period of Kyiv Rus constitutional legal responsibility had the following types: 1) individual constitutional and legal responsibility, which was manifested in the responsibility of the Kyiv prince and princes for their social and political activities; 2) collegial constitutional and legal responsibility, the subjects of which were the council, the council of boyars, as well as other state bodies that existed under the Kyiv prince and princes. Scientific novelty. According to the results of the study, it was established that the institution of constitutional legal responsibility of the period of Kyiv Rus was at the stage of formation and provided for a combination of positive and negative, individual and collegial aspects of constitutional legal responsibility. Practical significance. The results of the study and historical experience of legal regulation can be used to improve the current legislation of Ukraine on constitutional responsibility.


2021 ◽  
pp. 32-40
Author(s):  
O. Molokaeva ◽  

The article deals with the concept of «artificial intelligence», its relation to the concept of AI, the scientists' point of view on the possibility of legal regulation of artificial intelligence and robotics. Issues of digital totalitarianism, political-legal and ethical-axiological aspects of digitalization of modern society are raised.


Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov

The development of technologies related to artificial intelligence affects more and more areas of human activity. Elements of artificial intelligence are present in many devices and systems. This area is actively developing in the field of financial services and consulting, healthcare, and transport. The expansion of the scope of activities of AI systems creates certain prerequisites for improving regulatory regulation. The intensity of the use of AI currently does not allow us to talk about a significant number of facts of committing criminal acts with its participation. However, further improvement of such systems can have a more significant impact on human life. Nevertheless, it is already possible to talk about cases of committing socially dangerous acts using systems with artificial intelligence, which entailed serious consequences. In these circumstances, the legal regulation of the use of such systems becomes important. The authors analyze the points of view on the understanding of the phenomenon of artificial intelligence and make an attempt to formulate its definition, suitable for use by legal science. Theoretical, legislative and practical issues related to the criminal-legal assessment of the activity of systems with artificial intelligence are considered, in particular, the possibility of artificial intelligence to act as a subject of crime.


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