scholarly journals ON THE ISSUE OF THE NEED FOR THE INSTITUTION OF LEGAL PERSONALITY OF ARTIFICIAL INTELLIGENCE AT THE PRESENT DEVELOPMENT STAGE OF THE RULE-OF-LAW STATE

2020 ◽  
Vol 16 (3) ◽  
pp. 23-33
Author(s):  
Светлана Горохова
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Development Stage ◽  
Legal Capacity ◽  
Present Stage ◽  
The Rule Of Law ◽  
Legal Personality ◽  
Strong Artificial Intelligence

An urgent problem of transforming Russian legal system at the present stage of its development is to find an optimal balance in determining fundamental approaches to the legal regulation of public relations complicated by cyberphysical systems, artificial intelligence, various types of robots and robotics objects, as well as to consider the possibility of giving legal personality to weak and strong artificial intelligence in various branches of law and legislation. Purpose: analysis of the issues related to determining the legal status of artificial intellectual systems, taking into account modern requirements dictated by scientific and technological progress, the development of social relations, and the rule-of-law principles, aimed at ensuring respect for the individual rights and legitimate interests, society and the state Methods: on the basis of dialectical and metaphysical methods, general scientific (analysis, synthesis, comparative law, etc.), and specific scientific (legal-dogmatic, cybernetic, interpretation) methods of scientific knowledge are used. Results: at the present stage of technological development, we should talk about the existence of a weak narrow-purpose AI (Narrow AI) and a strong General-purpose AI (General AI). Super-strong intelligence (Super AI) does not yet exist, although its development is predicted in the future. Narrow AI, of course, can not reach natural intelligence, so, based on its internal properties, it can not be considered a subject in relations under any circumstances. In contrast to narrow AI (Narrow AI), General AI (GAI) has a developed intelligence comparable to that of a human in certain characteristics. The theoretical discussion of giving an artificial intelligence the status of a subject or a “quasi” subject of law makes sense only for technological solutions in the rank of General AI and Super AI. In the case of an AIS, it can only be a question of partial legal capacity. Partial legal capacity is a status that applies to subjects that have legal capacity only in accordance with specific legal norms, but are otherwise not obligated or entitled. Therefore, when choosing the concept of legislative assignment of partial legal capacity to the AIS, it is necessary to determine which specific rights or “right obligations” will be granted to General AI and Super AI.

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

scholarly journals Polyvariety of the Structure of the Normative Element in the Mechanism of Legal Regulation of Civil Relations: Theoretical Aspect

2021 ◽  
Vol 16 (7) ◽  
pp. 23-31
Author(s):  
A. V. Kostruba
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
Legal Norm ◽  
Main Element ◽  
The Rule Of Law ◽  
Regulatory Influence ◽  
Legal Nature

The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms with the help of which social relations are regulated. The author argues about the variability of the normative element of the mechanism under consideration, since it is not always possible to include the multiplicity of parameters that form its content and essence exclusively into the content of a legal norm. It is argued that the rule of law is not the main element of the mechanism of legal regulation through which relations between members of the society are being regulated. The corresponding regulatory influence is ensured with the help of individual regulators that have a different legal nature due to their limited, personalized obligatoriness. The author proves that, along with a legal norm, an individual normative prescription acts as a legal means of ensuring the operation of the mechanism of legal regulation of social relations, and its form is represented by alter-normative regulators (contract, custom). In addition, along with normative and alter-normative regulators, super-normative (principles of law) and quasi-normative (judicial acts) are highlighted.

scholarly journals THE ACTIVITY OF THE STATE INSPECTION OF ROAD TRAFFIC OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA AS A SUBJECT OF SECURITY OF NATIONAL SECURITY

2021 ◽  
Vol 6(72) (3) ◽  
pp. 213-220
Author(s):  
Y. V. Kapranova ◽  
G. M. Ovsepyan
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Road Traffic ◽  
Legal Regulation ◽  
Public Order ◽  
Public Places ◽  
The Rule Of Law ◽  
The Relationship ◽  
Police Activity

The article discusses the main approaches to understanding the essence of the rule of law in general, and in public places in particular, and also reveals its features as a field of activity of the police. The positions of scientists studying the rule of law and other categories related to it in the context of police activities are analyzed. The relationship between law and order and public order is demonstrated. It is concluded that the scope of police activity extends mainly to groups of public relations that make up the essence of public order in a narrow (“police”) sense. Attention is focused on the relationship of the «public» of the rule of law with the place where the actions of the subjects of the relevant legal relations are carried out. The groups of legal relations that make up the essence of the rule of law are identified, the protection of which is provided by the police. The content of the rule of law as a field of police activity has been clarified. Attention is drawn to the primacy of public order and the need for legal regulation of social relations, where civil society cannot or should not self-organize to achieve the goals of social development, create a safe environment for life, and also recognize the police as the main subject of law enforcement in public places.

scholarly journals Constitutional and Legal Status of Artificial Intelligence in Russia: Present and Future

Lex Russica ◽  
2020 ◽  
pp. 78-85
Author(s):  
A. V. Nechkin
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Main Element ◽  
Current Form ◽  
Legal Personality ◽  
Socioeconomic Rights ◽  
Artificial Intelligence Technology

In the paper, the author uses general scientific and specific scientific methods of cognition to scrutinize the problems of constitutional and legal regulation of public relations in Russia, related to the widespread introduction of artificial intelligence technology. Based on the results of the research, the author concludes that modern Russian constitutional legislation, even in its current form, makes it possible to regulate the nascent social relations associated with the widespread introduction of artificial intelligence technology. In particular, it is noted that the provisions of the Constitution of the Russian Federation allow for an expanded interpretation of the concept "personality", covering not only a person, but also highly developed artificial intelligence. According to the author, the constitutional and legal status of highly developed artificial intelligence should be based on the image and likeness of the constitutional and legal status of a person. The only exceptions should be the following. First is legal personality, which by its legal nature should be extremely close to the legal personality of bodies and organizations and should arise from the moment the relevant decision is made by the competent state authority. Rights, freedoms and obligations should imply a limited amount of personal rights and freedoms, the complete absence of political and socioeconomic rights. The last exception is the limited passive dispositive capacity of artificial intelligence. In addition, the main element in the structure of the constitutional and legal status of artificial intelligence in Russia should be universal restrictions on its rights and freedoms, which would serve as analogues of natural human physiological restrictions and would not allow artificial intelligence to acquire evolutionary advantages over humans. Thus, the structure of the constitutional and legal status of artificial intelligence as a person can and should in the future look like this: legal personality; rights, freedoms and duties; guarantees that ensure the implementation of rights and freedoms; universal restrictions on rights and freedoms.

scholarly journals Normative-Instrumental Law-Order Constant

2019 ◽  
pp. 395-403
Author(s):  
Olga GANCHUK
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Social Life ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Law And Order ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Positive Law ◽  
Dialectical Approach

The article updates the normative and instrumental component as a permanent basis for the sustainable concept of law and order. In this case, the rule of law is defined as a state of ordering social relations based on law; as an objectively and subjectively established state of social life, based on the regulatory needs, principles of law, and on the democratic needs, rights and obligations, freedom and responsibility of all subjects of law. The constant and permanent basis of law and order is the sphere of implementation of legal regulations. The sphere of the legal order is the sphere of the legislation. A prerequisite for the existence of law and order in society is the proper exercise of rights and obligations by all legal entities, which, in turn, requires clear legal regulations, predictability and stability of legal regulation. The unambiguous and relatively stable meaning of the concepts used in the legislation should facilitate the effective realization of the rights and duties of the person, and provide the possibility of foreseeing the legal consequences of her actions. Legal rules should be clearly and unambiguously formulated to prevent the possibility of arbitrariness in the enforcement process. However, when using the dialectical approach, the article draws attention to the fact that in some cases the excessive detail of the legal regulation, associated with it the possibility of incompatibility of legislation with the level of development of social relations, its obsolescence and static, can be a source of violation of human rights and, accordingly, a factor that adversely affects the state of law and order in society. Recognizing the rule of law as the ultimate result of the action of positive law, the author emphasizes that its achievement in a modern self-organized society inevitably involves a reasonable combination of both normative and non-normative regulation (carried out on the basis of values formed in society). It is within the reconciliation of normative and non-normative, positive law and order are judged and qualified as meeting the requirements of due diligence - fair or unfair, timely or untimely, appropriate or impractical, nominal or real, progressive or reactionary, etc.

scholarly journals THE HARM CAUSED BY ARTIFICIAL INTELLIGENCE: ASPECTS OF RESPONSIBILITY AND LEGAL PERSONALITY

2021 ◽  
Vol 9 (4) ◽  
pp. 76-80
Author(s):  
Yana Gayvoronskaya ◽  
Ekaterina Galchun
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Science Fiction ◽  
Rule Of Law ◽  
Information Technologies ◽  
Human Life ◽  
Legal Regulation ◽  
Legal Personality ◽  
Radical Reform ◽  
Advanced Technologies

A rule of law is effective when it adequately reflects objective needs and corresponds to the laws of the development of public relations. However, information technologies are developing faster than the corresponding legislative regulation. Programs equipped with artificial intelligence, once considered science fiction, are being increasingly used in various spheres of life every day. Advanced technologies are designed to significantly facilitate the life of a modern person, allowing him to transfer monotonous and technical tasks to units, i.e. carriers of artificial intelligence. However, the use of AI systems does not always turn out to be absolutely positive and safe – sometimes in practice, due to various factors, damage to property, health and even human life is caused during the operation of the unit. In this regard, legitimate questions arise about legal liability for such consequences, about the suitability of existing legislation to regulate such relations and about the need to improve and specialize legal regulation for new torts. This work is also aimed at participating in this discussion. For the purposes of the article, all negative manifestations of AI are reduced to three situations: causing harm due to flaws in the program or its incorrect operation; using technology by a person to commit an offense; causing harm by an artificial intelligence unit independently and on its own initiative. The paper examines all these cases, offers options for their legal resolution, critically evaluates existing approaches, projects and special legal acts already adopted. The conclusion is made that there is no need for a radical reform of the legal system for artificial intelligence, the theory of its legal personality is denied, it is argued that a person is responsible for all its mistakes – the manufacturer, user, owner, etc. In general, the strategy of the domestic legislator on the development of artificial intelligence is supported, but it is proposed to pay more attention to other ways to improve the security of AI systems (user liability insurance, unified accounting of units, etc.), rather than sanctions against them as "electronic persons".

scholarly journals Identification of artificial intelligence systems in legal field: the fundamentals of cyber law

2020 ◽  
pp. 1-11
Author(s):  
Svetlana Sergeevna Gorokhova
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Technological Development ◽  
Research Problem ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Scientific Discussion ◽  
Strong Artificial Intelligence ◽  
Cyber Law ◽  
Artificial Intelligence Systems

The subject of this article is the social relations established in the process of scientific and technological development in IT sphere that support the work of artificial intelligence systems and relate to scientific discussion on the role of artificial intelligence, robots and objects of robotics in the legal field. The author examines the relevant questions of identification of artificial intelligence systems as a subject, object or other legal phenomenon within the structure of legal relations. The research problem consists in the fact outstripping that the scientific-technological progress outstripped legal regulation of interaction between an individual, society and artificial intelligence, which justifies the need for creation a cyber-law theory. The opinions on the matter in foreign and national literature are analyzed. The article outlines the trends and prospects of implementation of artificial intelligence in various social and economic spheres; determines the contrast of opinions regarding the problems of identification of artificial intelligence systems, as well as incorporation of artificial intelligence into the established legal reality. The author presents and substantiates an original conceptual version of inclusion of artificial intelligence into the legal field, based on the principle of assignment of partial legal capacity to strong and super strong artificial intelligence. The positions on legal responsibility in relations complicated by the presence of artificial intelligence are defined.

scholarly journals From robotics technology to environmental crimes involving robots

2021 ◽  
Vol 244 ◽  
pp. 12029
Author(s):  
Ildar Begishev ◽  
Zarina Khisamova ◽  
Vitaly Vasyukov
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Digital Technologies ◽  
Modern Life ◽  
The Rule Of Law ◽  
Legal Personality ◽  
Self Study ◽  
Environmental Crimes

The development of digital technologies gradually brings various changes to the life of mankind, related to the improvement of various sectors of the economy and industry. Gradually, the products of the development of these technologies become the tools without which it is impossible to imagine modern life. Relying entirely on technology in various aspects of their activities, human gradually becomes dependent on it. Highly dynamic rates of development of robotics and artificial intelligence lead to the fact that robots gradually take a place alongside humans. The capacity of some robots to self-study is a factor that cannot be ignored in modern legal relations, since the question of legal personality and responsibility for their actions was already involved. Researchers ask the question: how dangerous robotic actions can be against humans, and what legal means can prevent robots from committing crimes against their creator in particular, and the rule of law in general.

scholarly journals Legal and Practical Conditionality of the Prosecutor’s Participation in the Consideration of Administrative Off enses Cases in Commercial Courts

2021 ◽  
Vol 16 (2) ◽  
pp. 183-191
Author(s):  
Т. S. Nazritskaya
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Statistical Data ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Theoretical Foundations ◽  
Commercial Courts

The paper examines the prosecutor’s role in the administrative jurisdictional proceedings in a commercial court. The author provides numerous examples from prosecutorial and judicial practice, reflecting the activities of prosecutors to strengthen the rule of law through participation in commercial litigation. The paper also indicates the requirements imposed by legislation, organizational and administrative documents of the General Prosecutor’s Office of the Russian Federation and the prosecutor’s offices of the constituent entities for the work of prosecutors in this direction. Based on statistical data on the number of cases initiated by prosecutors and the corresponding cases considered by the courts, the role of the prosecutor in the consideration of cases of the analyzed category by the courts is determined. According to the results of the study, the author points out the shortcomings of certain provisions of the law, determines the need to improve the theoretical foundations of the participation of the prosecutor in the consideration of cases of administrative offenses in commercial courts, emphasizes that changing the procedure for legal regulation of the participation of the prosecutor in commercial litigation is necessary in connections with changing social relations, and the preservation of the existing order gives rise to stagnation in the development of procedural legislation.

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