scholarly journals Theoretical approaches to the definition and legal regulation of artificial intelligence

2021 ◽  
Vol 66 ◽  
pp. 50-55
Author(s):  
S.R. Kornieieva
Keyword(s):  
Artificial Intelligence ◽  
Soviet Union ◽  
Public Relations ◽  
Former Soviet Union ◽  
Rapid Development ◽  
Legal Regulation ◽  
Negative Consequences ◽  
Theoretical Approaches ◽  
Protection Of Human Rights ◽  
Definition Of

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.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals People, robots, artificial intelligence: regulatory challenges

2021 ◽  
Vol 9 (2) ◽  
pp. 26-30
Author(s):  
Yana Gayvoronskaya
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Technology Development ◽  
Technological Development ◽  
Self Regulation ◽  
Legal Regulation ◽  
Legal Regimes ◽  
Regulatory Instruments ◽  
Modern Level ◽  
Definition Of

The problem of regulating the processes of development, creation and use of robots and artificial intelligence (AI) units is acute for all states engaged in the digital transformation of public relations. The article addresses two aspects of the problem: first, the choice of optimal regulatory means corresponding to the present stage of technological development;second, the dependence of legal regimes on the concept and definition of robots and units of artificial intelligence. Qualitative legal regulation is always inextricably linked to precise definitions and the definition of the subject matter of legal regulation. The article examines different approaches to defining robots and artificial intelligence, as well as articulating an author’s view of the choice of legal regimes for different types of AI and robots. The importance of and the need for ethical regulation of robotics and AI are shown in relation to the choice of regulatory instruments. Deontological regulation is considered by the authors to be the most promising and acceptable for the modern level of technology development. At the same time, it has been proved that, in modern conditions, ethical regulation in the field of AI and autonomous robotic apparatus plays the role of self-regulation and assumes the functions of various means of self-regulation.

scholarly journals LAND TAX IN THE SYSTEM OF PROPERTY TAXATION: SPECIFICS ADMINISTRATION IN UKRAINE AND EU COUNTRIES

2018 ◽  
pp. 86-98 ◽  
Author(s):  
Khrystyna PATYTSKA
Keyword(s):  
Soviet Union ◽  
Local Government ◽  
Former Soviet Union ◽  
Legal Regulation ◽  
Financial Resources ◽  
Local Authorities ◽  
Land Taxation ◽  
Land Valuation ◽  
Definition Of ◽  
Taxation System

Introduction. Problems of local budgeting in Ukraine, lack of financial resources of local authorities and instability of their revenue have been quite topical and still unsolved. Like most countries that emerged from the former Soviet Union, Ukraine has faced very substantial difficulties in maintaining economic growth while at the same time organizing an effective local government and fiscal structure and administration. An important aspect of this task has been to establish clearly defined property rights, including those in land, in order to facilitate market activities while also providing an appropriate fiscal base for local government. Purposes. The article is devoted to the problem of the formation of local authorities’ financial resources, local taxes and dues being their main source including land tax, to the process of formation of land taxation as well as to the definition of its role in the system of functioning of local authorities and state on the whole. The paper contains a comprehensive analysis of land taxation system, and shows its role and place in the state’s economic system. Proceeding from the analysis of the existing practice of land tax levying the author proves the necessity to reform land taxation, improve the mechanisms of levying land tax to insure full and timely income of land tax to local budgets. Results. Nature and structure of land taxation mechanism were proved and approaches concerning it construction in Ukraine were developed. Based on the realized analysis principal trends of collecting land tax in Ukraine were clarified, main factors which have the effect on forming of land taxation mechanism in our state were determined, problem aspects in land taxation which require improvement were emphasized. The mechanism of land tax application in foreign countries was investigated, main directions of land taxation processes optimization in Ukraine were proposed. It is proposed the improving the procedure for administering land tax in terms of conducting normative monetary valuation of land. Conclusions. It was proposed to improve the land tax in the area of its administration and the establishment of tax rates. The author has suggestions and proposals regarding legislation improvement in the sphere of legal regulation of land valuation in Ukraine.

Psychological and legal features of resocialization of convicted persons

2021 ◽  
pp. 40-46
Author(s):  
A. Romanova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Continuous Process ◽  
Legal Regulation ◽  
Practical Significance ◽  
Negative Consequences ◽  
Full Member ◽  
Self Actualization ◽  
Protection Of Human Rights ◽  
European Standards

Purpose. The aim of the article is to analyze the elements of resocialization of convicted persons, methods of influencing the process of formation of law-abiding behavior for life at large, as well as psychological and legal factors influencing the process of adaptation of convicted persons to lawful self- actualization at liberty. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. Such methods of scientific cognition as terminological, system-structural, dialectical, comparative, logical-normative, and logical-semantic were used during the research. Results. In the course of the research, it is stated that resocialization of convicted persons is a continuous process aimed at the conscious restoration of the convict in the social status of a full member of society, which is hindered by socio-psychological deviations of legal awareness of the convict and society, the immediate environment of the person serving sentences. Resocialization of convicted persons should take place based on the respect for human rights and freedoms, in accordance with the principles of human dignity, as well as domestic and international normative and legal acts. Scientific novelty. In the course of the research, it is established that a full-fledged, effective process of resocialization should be aimed at correcting the distorted legal consciousness, lawful social and normative formation of a person in society, as well as preventing the negative consequences of forced isolation from society. Practical significance. The results of the study can be used in law-making to improve the current legislation and bring it closer to European standards in order to enrich the universal values that constitute the content of the requirements of natural law, as well as to increase the effectiveness of legal regulation of public relations through the enshrinement of guarantees for the implementation, provision and protection of human rights and freedoms in the current legislation.

Modern Conception of Combined “ICS”-approach (“Information, Cybernetic and Synergetic”) for Analysis and Optimization of Legal Ergasystems

2020 ◽  
Vol 2 (1) ◽  
pp. 59-81
Author(s):  
D. A. Lovtsov ◽  
Keyword(s):  
Public Relations ◽  
Functional Organization ◽  
Dynamic Equilibrium ◽  
Physical Nature ◽  
Legal Regulation ◽  
Cybernetic System ◽  
Methodological Principles ◽  
Definition Of ◽  
Concept Of Information ◽  
Theoretical Apparatus

Introduction. The lack of a coherent systemology law does not enable the use of evidence-based formalization to solve the basic theoretical problems of law interpretation and enforcement. The development of an appropriate formal-theoretical apparatus is possible on the basis of a productive systemological concept. The justification of this concept is based on the study of philosophical bases and fundamental principles (integrity, dynamic equilibrium, feedback, etc.) and the use of logical and linguistic methods of problem-oriented system approach. Theoretical Basis. Methods. The conceptual and logical modeling of legal ergasystems, the systems analysis and resolution of the theory-applied base of technology of two-tier legal regulation; the synthesis and modification of private scientific results of the author published in 2000–2019, with copyright in the author’s scientific works and educational publications. Results. The contemporary conceptual variant of combined “ICS”-approach (“information, cybernetic and synergetic”) as a general methodology of analysis and optimization of legal ergasystems, as characterized by the following conditions: the substantiation of the appropriate three-part set of methodological research principles, corresponding to the triple-aspect physical nature of the study of complex legal systems as ergasystems; the clarification of the conceptual and logical model of the legal ergasystem taking into account the fundamental feedback principle; the definition of the law of necessary diversity of William R. Ashby is justified and corresponding conditions of realize of effective technology of two-level (normative and individual) legal regulation; the definition of basic concepts and methodological principles of modern systemology of legal regulation; the justification of the functional organization of the Invariant Rational Control Loop. Discussion and Conclusion. A developed conceptual object-oriented version of combined “ICS”-approach for analysis and optimization of legal ergasystems is a methodological basis for the development of a working formal-theoretical apparatus of legal regulation systemology. This will formalize the decisions of the main theoretical problems of law interpretation and enforcement, as well as developing and implementing special information and legal technologies based on the concept of information and functional databases and knowledge. This will in turn ensure the information increases the effectiveness of the system of legal regulation of public relations as an information and cybernetic system subject to the subjective organizing process of human activity and the objective synergetic processes of disorganization.

Is Sicily the future of Russia? Private protection and the rise of the Russian Mafia

2001 ◽  
Vol 42 (1) ◽  
pp. 186-220 ◽  
Author(s):  
Federico Varese
Keyword(s):  
Soviet Union ◽  
Power System ◽  
Former Soviet Union ◽  
Soviet Power ◽  
The Caucasus ◽  
The Future ◽  
Private Protection ◽  
Definition Of

It is difficult to discuss a phenomenon when one does not know precisely what it is. This problem is particularly vexing in the case of the Mafia. It has been argued that ‘the need for a definition [of the Mafia] is crucial; not just for any definition with some degree of contingent empirical plausibility, but for a definition with some analytical clout’ (1). The word ‘Mafia’ itself has travelled far to distant lands, such as the former Soviet Union. For instance, according to Arkadii Vaksberg, Russian journalist and author of The Russian Mafia, the Mafia is ‘the entire soviet power-system, all its ideological, political, economical and administrative manifestations’ (2). In an article published in a magazine for British executives dealing with Russia, the label Mafiosi is used to lump together bureaucrats, smugglers from the Caucasus, the CPSU nomenklatura accused of embezzling state funds, the late British businessman Robert Maxwell and many others (3).

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.

DEEPFAKE AS A PHENOMENON OF POLITICAL COMMUNICATION

2021 ◽  
Vol 27 (6) ◽  
pp. 101-106
Author(s):  
М. Falaleev ◽  
◽  
N. Sitdikova ◽  
Е. Nechay ◽  
◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Political Communication ◽  
Political Discourse ◽  
Rapid Development ◽  
Theoretical Data ◽  
Practical Significance ◽  
Subject Field ◽  
Learning Programs ◽  
Definition Of ◽  
The Impact

The development of digital technologies, coupled with progress in the development of self-learning programs based on AI (Artificial Intelligence), has obvious advantages in improving the effectiveness of information impact on people around the world. During the 2010s, researchers have documented trends in the use of artificial intelligence for the construction and distribution of media content to indirectly manipulate political discourse at the national and global levels. Special interest in the context of this issue is how the rapid development of AI technologies affects political communication. The object of consideration within the framework of this article is the deepfake technology. Based on this, as a subject, the authors define deepfake as a phenomenon of modern political communication. Accordingly, the purpose of the study is to describe and predict the impact of deepfake technology on political communication at the global and national levels. The paper presents the definition of deepfake, assesses its characteristics depending on the methods and purposes of its distribution, and analyzes the prospects for using this tool to influence political discourse in modern Russia. To study the subject field of the research, methods of systematizing theoretical data, classification, analysis of a set of factors and forecasting have been applied. The practical significance of the work is presented by the authors’ definition and typology of the phenomenon of deepfake and describes its significance as a factor of political communication on the example of a particular country. The results of the work will be useful for researchers studying the problems of digitalization of the media space and modern means of disinformation in politics, both at the local and global levels

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

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