scholarly journals Medical Applications of Artificial Intelligence (Legal Aspects and Future Prospects)

Laws ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 3
Author(s):  
Vasiliy Andreevich Laptev ◽  
Inna Vladimirovna Ershova ◽  
Daria Rinatovna Feyzrakhmanova
Keyword(s):  
Artificial Intelligence ◽  
High Efficiency ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Future Prospects ◽  
Legal Regime ◽  
Legal Personality ◽  
Gradual Introduction

Background: Cutting-edge digital technologies are being actively introduced into healthcare. The recent successful efforts of artificial intelligence in diagnosing, predicting and studying diseases, as well as in surgical assisting demonstrate its high efficiency. The AI’s ability to promptly take decisions and learn independently has motivated large corporations to focus on its development and gradual introduction into everyday life. Legal aspects of medical activities are of particular importance, yet the legal regulation of AI’s performance in healthcare is still in its infancy. The state is to a considerable extent responsible for the formation of a legal regime that would meet the needs of modern society (digital society). Objective: This study aims to determine the possible modes of AI’s functioning, to identify the participants in medical-legal relations, to define the legal personality of AI and circumscribe the scope of its competencies. Of importance is the issue of determining the grounds for imposing legal liability on persons responsible for the performance of an AI system. Results: The present study identifies the prospects for a legal assessment of AI applications in medicine. The article reviews the sources of legal regulation of AI, including the unique sources of law sanctioned by the state. Particular focus is placed on medical-legal customs and medical practices. Conclusions: The presented analysis has allowed formulating the approaches to the legal regulation of AI in healthcare.

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

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.).

Causes and conditions for committing illegal acts in modern society: theoretical and legal aspects and some solutions

2020 ◽  
pp. 287-295
Author(s):  
Tatyana Plotnikova ◽  
Vadim Kharin
Keyword(s):  
Law Enforcement ◽  
Public Life ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Clear Distinction ◽  
Main Role ◽  
Negative Consequences ◽  
Illegal Acts

As a result of everyday social activities, people constantly come into relationships with each other. This type of relationship may not be regulated at all (exist on the basis of morals, traditions, etc.), or it may not exist without a certain legal regulation, which is supported by the power of the state. Violation of these regulations constitutes an offense. Offenses have negative consequences for various spheres of public life, they cause damage to both society and the state. In modern conditions, there is a tendency to increase the number of offenses in society. This situation stimulates the study of the causes and conditions of committing offenses, both of certain types of offenses, and of all illegal acts in general. The work considers the main causes and conditions of offenses, and also provides a clear distinction of such terms as “cause”, “condition” and “reason”. The main role in the fight against offenses, including the activities to identify and eliminate the causes and conditions of committing illegal acts, belongs to law enforcement agen-cies. But in the current circumstances, this is not enough, so it is necessary to pay attention to other mechanisms and ways to eliminate the causes and conditions of violations and effectively use them.

scholarly journals Logical and conceptual constructions, theoretical and legal versions of the interpretation of the artificial intelligence’s "legal personality"

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Yana V. Gaivoronskaya ◽  
Alexey Y. Mamychev ◽  
Olga I. Miroshnichenko ◽  
Oksana Khotynska- Nor
Keyword(s):  
Artificial Intelligence ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Research Topic ◽  
Legal Concept ◽  
Legal Personality ◽  
General Status ◽  
The Status ◽  
And Robotics

The lack of sufficient legal regulation of relations associated with the use of artificial intelligence and robotics is associated with the conceptual lack of resolution of the basic issues underlying modern models of legal regulation for anything: about the concept and general status of the phenomenon to be settled. With regard to the research topic, this translates into questions about the concept and legal personality of artificial intelligence. These questions represent a kind of logical metaphor: in order to start modeling the legal personality of artificial intelligence, we must first define its concept; and the legal concept of artificial intelligence will be formulated differently depending on whether we consider it as a subject or an object of law. The authors investigate the technical, moral and legal aspects of the problem concerning the status and understanding artificial intelligence, and draw conclusions about the basic conditions for the legal regulation of this area.

Artificial Intelligence from an Interdisciplinary Perspective: Philosophical and Legal Aspects

2021 ◽  
Vol 64 (5) ◽  
pp. 57-70
Author(s):  
Sergey V. Ablameyko ◽  
Maria S. Ablameyko
Keyword(s):  
Artificial Intelligence ◽  
Technological Development ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Philosophical Discussion ◽  
Legal Personality ◽  
Interdisciplinary Perspective ◽  
The Social ◽  
The Republic ◽  
And Robotics

The article discusses the development of artificial intelligence systems from an interdisciplinary perspective, addressing philosophical and legal problems. Special attention is paid to the issue of the creation of artificial general intelligence. The use and implementation of AI systems can potentially create controversial legal situations from in many areas. Among them are data confidentiality, social security and responsibility, intellectual property of AI systems, legal personality of AI systems, ethical standards of using AI systems. It is shown that legal regulation in the field of AI is lagging behind technological development. There is practically no legal regulation of the terms, conditions, and rules of the development, launching, operating, integration into other systems, and controlling of AI technologies. The authors analyzes the process of improving the regulatory framework in some countries, especially in the Republic of Belarus. The articles focuses on the paradoxes of legal regulation of AI systems. That authors argue that there is a need for coordination in the development of Belarusian legislation in the field of AI, taking into the account the international legal and philosophical discussion on the social responsibility of AI. The article proposes to develop and adopt a special legislation on the development of AI and robotics. According to the authors, in the new legislation, special attention should be paid to the issues of legal and ethical use of AI systems. The article concludes that there is a critical importance of a comprehensive and multidisciplinary discussion to ensure legal regulation of AI-related issues.

ARTIFICIAL INTELLIGENCE: NEW CHALLENGES FOR THE STATE AND THE LEGAL SYSTEM

2021 ◽  
pp. 32-40
Author(s):  
O. Molokaeva ◽  
Keyword(s):  
Artificial Intelligence ◽  
Legal System ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
New Challenges ◽  
And Robotics

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.

scholarly journals Legal Forms of Application of Artificial Intelligence in Medicine

2021 ◽  
Vol 2 ◽  
pp. 8-13
Author(s):  
Vasiliy A. Laptev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Everyday Life ◽  
High Efficiency ◽  
Legal Liability ◽  
Legal Regulation ◽  
Learning Ability ◽  
Medical Activity ◽  
Legal Personality ◽  
Legal Forms

Empirical researches of use of artificial intelligence on diagnostics, forecasting and operational assistance in medical activity demonstrates its high efficiency. The advantages of artificial intelligence in decision-making speed and learning ability have prompted mankind to develop these technologies and introduce them into everyday life. This article defines the legal forms of artificial intelligence. Issues of legal personality of participants in medical relations are studied. Possible approaches to the legal regulation of artificial intelligence activities are proposed, as well as on the application of legal liability to the liable person.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals RESEARCHES CONCERNING CONFORMITY OF TECHNICAL DOCUMENTATION ON THE DETERMINATION (RENEWAL) OF LAND PLOTS BOUNDARIES OF HOMESTEAD BUILDINGS IN CITIES: ORGANIZATIONAL AND LEGAL ASPECTS

2017 ◽  
Vol 17 ◽  
pp. 290-297
Author(s):  
A I. Ripenko ◽  
A. A. Kolosiuk
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Public Land ◽  
Technical Documentation ◽  
Legal Regime ◽  
Forensic Examination ◽  
Basic Functions ◽  
Organizational Features ◽  
Working Out ◽  
Land Code

The paper considers the problems of insufficient methodical support of forensic examination within the limits of a speciality 10.20 «Researches of land planning issues» concerning conformity of the technical documentation on the determination (renewal) of land plots boundaries of homestead buildings in the cities. The thought of authors concerning expediency of working out techniques and methodical recommendations taking into account legislative and normative acts being in force in Ukraine for that time, is substantiated, and organizational features of legal regulation of lands under homestead buildings of cities in view of basic functions of such territories for their constant development and creation of appropriate conditions for residing of inhabitants are marked. The attention that the legal regime of using such lands needs complements concerning necessity of their operation according to the rules of territory beautification of a populated locality and other documentation concerning beautification issues, is paid. The idea on expediency of the Land Code of Ukraine amendments, in particular in its provisions concerning the use of inhabited and public land buildings in the limits ofpopulated localities taking into account the rules of territory beautification, is spoken out. The authors focus attention on the requirements to regulate the use of inhabited and public land buildings not only in the land legislation but also in the legislative acts which regulate a question of inhabited and public buildings territory beautification. Thus, for appropriate carrying out forensic examination on speciality 10.20 it’s necessary to develop methodical support both by adopting corresponding acts of land and city building legislation, standards, norms and rules of drawing up a technical documentation on the determination (renewal) of land plots boundaries in nature (on terrain) and by creation of the scientifically grounded techniques and methodical recommendations on the designated subjects.

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.

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

Sign in / Sign up

Export Citation Format

Share Document