scholarly journals Ethical issues of digitalization

2021 ◽  
Vol 7 (3) ◽  
pp. 539-547
Author(s):  
Yana V. Gaivoronskaya ◽  
Roman I. Dremliuga ◽  
Alexey Y. Mamychev ◽  
Olga I. Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
New Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Managerial Decisions ◽  
Legal Problems ◽  
Robotic Devices ◽  
Robotic Technologies

The research objective of the paper is to generalize the ethical problems associated with the development and implementation of autonomous robotic technologies (autonomous robotic devices, ARD) in the civil and military spheres. Unresolved ethical problems hinder the development of legal regulation of new technologies. The authors propose a typology of ethical problems of digitalization for the purpose of creating legal regulation concerning the use of artificial intelligence (AI) and other technologies. Depending on the scope of social relations covered and the forms of regulation proposed, the authors identified four groups of ethical problems of global digitalization, which are considered in the paper: philosophical, humanitarian, socio-ethical, and ethical-legal problems. It is concluded that the legitimacy of managerial decisions that endow robotic technologies with the potential to make decisions in the civil and military spheres should be determined in terms of ethical principles of regulating such relations.

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 The Position of the Artificial Intelligence Among the Elements of the Legal Relationship

2020 ◽  
Vol 1 (4) ◽  
pp. 74-83
Author(s):  
Anton A. Vasiliev ◽  
Yulia V. Pechatnova
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Services ◽  
Thought Processes ◽  
Scientific Discussion ◽  
Legal Relationship ◽  
Russian Law ◽  
Method Of Correlation

The development of artificial intelligence necessitates the legal regulation of social relations associated with the use of new technologies. Today, fragmented regulatory regulation is noted in Russian law, expressed, as the rule, in strategic documents in which artificial intelligence technologies are reflected as cross-cutting technologies that contribute to the development of the digital economy. The purpose of this work is to determine the place of artificial intelligence among the elements of legal relations, which is seen as necessary for building the model of legal regulation of artificial intelligence. The research methodology is based on the set of methods of scientific knowledge, including abstract logical, formal legal and the method of correlation analysis. The article analyzes approaches to determining the place of artificial intelligence in the structure of legal relations. The scientific discussion is that some authors attribute artificial intelligence to the variety of objects of legal regulation; other authors admit that it is possible to consider artificial intelligence as the specific subject of law. As the result of research, the authors come to the conclusion that today artificial intelligence should be classified as the type of objects of legal regulation. In conclusion, the work also evaluates the possibilities and measures of the participation of artificial intelligence in legal activities. The authors come to the conclusion that today the cognitive potential of artificial intelligence has not yet reached the level of development that allowed it to repeat the thought processes of the lawyer in resolving the legal dispute. At the same time, artificial intelligence has tremendous potential to become the irreplaceable technological “assistant” for the lawyer, contributing to the improvement of the quality and efficiency of legal services.

scholarly journals Artificial Intelligence and Intellectual Property: The Issues of the Legal Regulation of Patent Relations

Legal Concept ◽  
2021 ◽  
pp. 48-54
Author(s):  
Ekaterina Kupchina
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Social Relations ◽  
New Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Intellectual Property Rights Protection

Introduction: in the paper, the author analyzed the current problems associated with the use of artificial intelligence in the field of intellectual property. Thanks to the active introduction of this technology in many areas of human activity, there is a rapid growth of innovative processes. On the one hand, such active improvement of the computer technology system creates a favorable environment for the development of economic, political and social relations. On the other hand, however, the potential for the further development of artificial intelligence is of serious concern in the scientific community. In particular, modern digital technologies are developing much faster than the legal framework designed to regulate them is improving. In this regard, the first branch of law that has faced the greatest difficulties is intellectual property law, since it is a branch of law directly related to innovation processes. The purpose of the research is achieved by solving a number of tasks: to determine the role of artificial intelligence as a “subject” of patent relations, as well as the boundaries of responsibility for patent infringement by AI. The methodology is based on a theoretical approach to the study of the legal framework in the field of intellectual property. Based on the analysis of the theoretical data obtained, the author provides the examples of patent violations related to the use of artificial intelligence technology, as well as highlights some modern approaches to solving this problem. The results of the research can be used to determine the key goals and objectives in the law enforcement, research, as well as in educational and teaching activities, in particular, during lectures and seminars on courses in intellectual property law, copyright and patent law. Conclusions: the development of artificial intelligence technologies is central to the development of better intellectual property management systems. The development of new doctrines for new technologies, the modification of the existing patent system, as well as the changes in the policy of intellectual property rights protection contribute to the effective development of innovative processes and the improvement of the legal system as a whole.

scholarly journals LEGAL REGULATION OF THE USE OF ARTIFICIAL INTELLIGENCE IN NOTARY AND CIVIL PROCESSES AS AN ELEMENT PROTECTION AND PROTECTION OF THE RIGHTS OF RESIDENTS (RESIDENTS) OF THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

2020 ◽  
pp. 447-456
Author(s):  
Г. В. Луцька
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Computer Programs ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Civil Process ◽  
Procedure Code ◽  
Occupied Territories ◽  
Intelligent Computer ◽  
Autonomous Republic

The article considers the problem of application of artificial intelligence in the law of Ukraine in general and in the notarial and civil process in particular. The legal consequences of the legal regime of temporary occupation of some territories of Ukraine are indicated and the ways to eliminate obstacles in the protection and defense of the rights of citizens of Ukraine in these territories are determined. The legal construction of «artificial intelligence» is studied and its types are offered. The conclusion about the expediency of using intelligent computer programs, intelligent information technologies as types of artificial intelligence in notarial and executive processes is substantiated. It is proposed to consider the use of artificial intelligence in notarial and civil proceedings for citizens of Ukraine living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions, within the limits, in the manner and in the manner prescribed by law of Ukraine. It is proved that the introduction of artificial intelligence through the mechanism of protection and defense of human and civil rights and freedoms in the civil process must be adapted to social relations that arise and exist, not violate the constitutional rights and freedoms of man and citizen in Ukraine and have a legal basis. Based on the scientific and practical analysis of the Civil Procedure Code of Ukraine, it is proposed for citizens of Ukraine living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions to establish that lawsuits, separate and injunctive proceedings are entirely online. The procedure (procedure) and features of such proceedings with the use of various types of artificial intelligence (such as chatbots and other information intelligence technologies) should be defined in the Civil Procedure Code of Ukraine. It is noted that the introduction of the above mechanism to protect and defend the rights of citizens living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions through intelligent computer programs will require proper maintenance and support of such programs to prevent leakage of information, leakage of personal data, etc. The conclusion is substantiated that e-litigation and remote notarial proceedings will increase the effectiveness of notarial and judicial forms of protection and protection of rights and make these state forms of protection more flexible, able to anticipate the peculiarities of procedural actions involving residents of the temporarily occupied territories.

scholarly journals Ethical issues in computational pathology

2021 ◽  
pp. medethics-2020-107024
Author(s):  
Tom Sorell ◽  
Nasir Rajpoot ◽  
Clare Verrill
Keyword(s):  
Artificial Intelligence ◽  
Data Collection ◽  
Ethical Issues ◽  
Recent Literature ◽  
Personal Data ◽  
Ethical Problems ◽  
Data Ethics ◽  
Slide Image ◽  
Data Protection Law ◽  
Computational Pathology

This paper explores ethical issues raised by whole slide image-based computational pathology. After briefly giving examples drawn from some recent literature of advances in this field, we consider some ethical problems it might be thought to pose. These arise from (1) the tension between artificial intelligence (AI) research—with its hunger for more and more data—and the default preference in data ethics and data protection law for the minimisation of personal data collection and processing; (2) the fact that computational pathology lends itself to kinds of data fusion that go against data ethics norms and some norms of biobanking; (3) the fact that AI methods are esoteric and produce results that are sometimes unexplainable (the so-called ‘black box’problem) and (4) the fact that computational pathology is particularly dependent on scanning technology manufacturers with interests of their own in profit-making from data collection. We shall suggest that most of these issues are resolvable.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

scholarly journals Organizational and legal problems of the program for the development of genetic technologies implementation

2021 ◽  
Vol 25 (4) ◽  
pp. 901-916
Author(s):  
Natalya G. Zhavoronkova ◽  
Vyacheslav B. Agafonov
Keyword(s):  
Social Relations ◽  
System Analysis ◽  
Genetic Research ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Problems ◽  
Basic Law ◽  
Genetic Technologies ◽  
Regional Centers ◽  
Legal Mechanism

The relevance of this study is determined by the fact that at present legal regulation of genetic research is not comprehensive and does not provide a complete regulation of social relations in the focus. Оne of the factors hindering the development of genetic technologies is the absence of a basic law On genetic technologies. The purpose of the study . The article is devoted to the analysis of modern legal problems and the search for optimal solutions to the organizational and legal problems of the program for the development of genetic technologies implementation. Materials and methods of research . In order to understand modern approaches to relevant problems of improving the organizational and legal mechanism of the program for the development of genetic technologies implementation associated with environmental and biological risks and threats, a comparison of various methods of legal regulation and management, including dialectical, logical, and predictive methods, as well as the method of system analysis, is carried out. Results. Application of these methods allowed to conduct a comprehensive legal analysis of the current legislation and state strategic planning documents, work out a theoretical and legal basis for the development of the basic law On Genetic Technologies and formulate other proposals to improve the current legislation. The core powers of the National (federal) Bioresource Center, the network of federal and regional centers of genetic technologies, as well as the National Center for Biosafety have been identified and grounded by the authors.

scholarly journals Robotization in healthcare: legal perspective

2020 ◽  
Vol 64 (2) ◽  
pp. 88-96 ◽  
Author(s):  
Fatima V. Tsomartova
Keyword(s):  
Social Relations ◽  
Large Scale ◽  
New Technologies ◽  
Personal Data ◽  
Legal Regulation ◽  
Healthcare Sector ◽  
Legal Concept ◽  
Medical Robots ◽  
Scientific Methods ◽  
Wide Range

Introduction. The development and application of medical robotics, medical robotic devices, automated technical systems in the field of health care are already quite successful and have great potential. Such large-scale technological changes inevitably actualize the social roles of law, that should properly settle, protect and guide the development of nascent social relations, which until recently occurred everywhere in a kind of regulatory vacuum. Material and methods. The methodological basis of the study included general scientific methods (dialectical, logical, systemic, historical, sociological, statistical) and private scientific methods of legal science (formal-legal, historical-legal and comparative-legal). The empirical basis of the study was Russian and foreign regulatory legal acts and law enforcement practice, as well as legal doctrine. Results. Based on the comparative legal study a legal definition of the medical robots and various options for their classification, among them a special one, including surgical robots, robots used in restorative medicine, rehabilitation of immobilized patients, nursing and care robots, have been developed. Cyborgs are biological organisms containing mechanical or electronic components are allocated to a special group. Legal mechanisms for ensuring security and cybersecurity in this area are highlighted. The necessity of more flexible legal regulation of personal data concerning the health of citizens and medical confidentiality under new technological conditions is justified. Discussion. Legal regulation of the medical robots should be of a staged nature. General norms of sectoral significance can be formulated at later stages. At the moment, it is more rational to direct efforts to determine the legal regime of certain types of created artificial intelligence systems in the healthcare sector. Conclusion. The legal concept of robotics in healthcare should take a significant place in a wide range of scientific studies of the development of new technologies for the benefit, not to the detriment, of a person.

scholarly journals Indiscreet Charm of Digitalization

Legal Concept ◽  
2019 ◽  
pp. 40-47
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko ◽  
Alexey Mamychev
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Social Order ◽  
Large Scale ◽  
Technology Development ◽  
Legal Regulation ◽  
Social Regulation ◽  
Modern World ◽  
Analysis And Synthesis ◽  
The Law

Introduction: digitalization is a new trend of social development on the whole and the legal and political regulation in particular. The digitalization tempts and fascinates, attracts by its novelty and modernity. The idea of a fundamental change in the social order and social regulation under the digitalization influence in a broad sense is in the air and is already perceived as an axiom. At the same time, most people, both non-specialists in the area of social regulation, and even narrow professionals, will find it difficult to answer the question: what exactly will fundamentally change in the world, in society and in the economy, with the widespread introduction of digital technologies? As a result, the publications in the media and many scientific works resemble Hollywood blockbuster scenarios in the technocratic dystopia style, which leads researchers away from solving real problems of the legal regulation of changing social relations. The purpose of the study: to determine the model of interaction of law and digitalization in relation to the current level of technology development. Research objectives: to define the concept of digitalization; to consider the main trends in research on issues related to the large-scale spread of digitalization and artificial intelligence (AI) technologies; to determine the limits of the real impact of digitalization on the law and legal regulation. Methods: the system, structural and functional methods, the methods of analysis and synthesis, expert evaluation. Results: the paper describes one of the trends of modern interdisciplinary research, called by the authors “the effect of digitalization”. In relation to the sphere of legal regulation, the effect of digitalization is manifested in an attempt to see the fundamental novelty in relations using the latest technical means; the relations carried out in electronic form and/or using digital, network, telecommunication technologies, artificial intelligence. It is argued that the mediation of social relations with the latest technologies does not always lead to the change in the essence of relations and the need to create fundamentally new models of social regulation. Conclusions: digitalization in relation to the law appears in the modern world in two qualities: as an independent social phenomenon and as a tool designed to give the legal mechanisms efficiency and accessibility. At the present level of technology development the digitalization in relation to the law should be considered as a tool to improve the legal regulation quality. The Russian practice of “digitalization for the sake of digitalization” is dangerous and inefficient in social and economic terms.

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