scholarly journals PARTICULAR ASPECTS OF THE NECESSITY OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN UKRAINE

Legal Ukraine ◽  
2021 ◽  
pp. 6-24
Author(s):  
Kseniia Zhyhalova
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Intellectual Property ◽  
National Security ◽  
Key Words ◽  
Data Protection ◽  
Legal Regulation ◽  
Protection Of Human Rights ◽  
Security Questions

The purpose of the study was to demonstrate particular legal and objective reasons for necessity and expediency of legal regulation advancement, development and usage of Artificial Intelligence (AI) in Ukraine. Chapter 1 «Understanding of Artificial Intelligence» gives examples of AI applications, doctrinal and diverse legal definitions of AI. Chapter 2 «Necessity and Expediency of legal regulation of Artificial Intelligence in Ukraine» shows the necessity of legal regulation, exemplifies the gaps in current legislation. This Chapter demonstrates that it is paramount to establish protection of IP rights within AI legal relationships in Ukraine. Also, Chapter 2 analyzes particular issues in AI and national, international and social security, questions of data protection. Chapter 3 «Conclusion» demonstrates that absence of specific AI regulation could potentially lead to numerous problems in public/private sectors, for economics, businesses, civilians. Key words: Artificial Intelligence (AI), legal regulation of AI, intellectual property (IP) protection, national security, protection of human rights and freedoms, data protection.

scholarly journals Self-isolation as an Anti-epidemiological Measure: Protection or Violation of Human Rights

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 49-66
Author(s):  
Y. G. LITYNSKA ◽  
◽  
O. V. KARPENKO ◽  
◽  
Keyword(s):  
Human Rights ◽  
Infectious Diseases ◽  
Key Words ◽  
Legal Regulation ◽  
Freedom Of Movement ◽  
Protection Of Human Rights ◽  
The Right

In this article we review the legal regulation of an obligation to self-isolatein Ukraine. For the period from 22 April 2020 till 22 June 2020 four groupsof persons were obliged to self-isolate due to COVID-19. These groups are:persons diagnosed with or suspected to have COVID-19, persons that havebeen in contact with those diagnosed with COVID-19, those who consentedto self-isolation when entering Ukrainian borders instead of being placed inspecial facilities, and everyone aged 60 and above. In the article, we analysewhether an obligation to self-isolate should be viewed as interference with the right to liberty and security or with the freedom of movement for eachof these groups. The analysis focuses on the Constitution of Ukraine and theEuropean Convention for the Protection of Human Rights and FundamentalFreedoms. We also study circumstances when the above-mentioned rights canbe limited lawfully in cases related to spread of infectious diseases, such asCOVID-19. This article questions if the actions of Ukrainian government andexisting legal regulation of obligatory self-isolation meet the requirements oflawful limitation of rights. Key words: self-isolation, right to liberty and security, freedom of movement,ECHR; COVID-19.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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

Intellectual property transformation under the influence of the development of artificial intelligence. (Review)

2021 ◽  
pp. 132-141
Author(s):  
Svetlana Kodaneva ◽  
Keyword(s):  
Artificial Intelligence ◽  
Neural Networks ◽  
Intellectual Property ◽  
Legal Regulation ◽  
Creative Industries ◽  
State University ◽  
Technical Problems ◽  
Moscow State University ◽  
Practical Conference

Artificial intelligence is becoming an indispensable assistant not only in solving technical problems, but also in various creative industries and even in creativity, which has always been considered a human prerogative. In April 2021 at the Moscow State University. M.V. Lomonosov was held an international scientific and practical conference, dedicated to the discussion of the key problems of legal regulation of various aspects of intellectual property both for human-created neural networks and for works (inventions) created by artificial intelligence. This review presents the problems and issues raised in the framework of this conference.

18. Control of information, reputation, and intellectual property

2019 ◽  
pp. 726-750
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Data Protection ◽  
Private Information ◽  
Freedom Of Expression ◽  
Personal Privacy ◽  
Trade Marks ◽  
Passing Off ◽  
And Control ◽  
The Relationship

This chapter considers the extent to which individuals can and should be able to prevent others referring to them and their activities and, conversely, the extent to which individuals and companies should be able to commercialise and control a reputation that they have built up. The discussions cover the evolving right to personal privacy (through the tort of misuse of private information) and its base in human rights, particularly in respect of photographs; obtaining and dealing with trade marks in respect of well-known personalities; the relationship between passing off and endorsement and merchandising; and the extent to which individuals and businesses can and do control the use of their image through endorsement and sponsorship. The chapter also considers data protection, as well as the balancing of privacy and freedom of expression.

scholarly journals The role of legal communication in ensuring human rights

2020 ◽  
Vol 11 (11) ◽  
pp. 146-150
Author(s):  
Makeieva O.
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
Space Forms ◽  
Legal Communication ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Modern Information

The article examines the role of legal communication in ensuring human rights. It is noted that the study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. Legal communication acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. According to recent research, the doctrine of human rights is developing on the basis of an interdisciplinary approach to such sciences as philosophy, theory and history of state and law, political science, linguistics, information theory and more. The introduction of information and communication technologies in all spheres of society presupposes the study of the communicative properties of law, in particular legal communication. Given the increased attention to the problems of the effectiveness of law, the definition of its functional purpose, there is a need to study the role of legal communication in ensuring human rights. Human rights are a common value of civil society and the state, they determine their relationship, and ensuring the implementation and protection of human rights is their common task. A manifestation of such interaction is the legal communication between the state and civil society. The study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. The renewal of legal relations, first of all between the state and society, requires scientific substantiation and introduction of new forms of communication. Legal communication in this case acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. At the stage of transition to the information and legal society, the relationship between legal communication and legal regulation changes. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. Іt is proved that legal communication contributes to the formation of legal values in the modern information space, a positive perception of law, the formation of the legal consciousness of the subjects of communication, the improvement of the legal mechanism for the protection of human rights. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. The effectiveness of legal communication in ensuring human rights is ensured by observance of the principles of the rule of law, legality, publicity, democracy, and universality. Keywords: human rights, legal communication, information society, information security.

scholarly journals The objective need for legal regulation of territorial planning 
and its implementation in the Republic of Lithuania

2020 ◽  
pp. 36-48
Author(s):  
Kristina Mikalauskaitė-Šostakienė
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Regulation ◽  
Territorial Planning ◽  
The Social ◽  
Protection Of Human Rights ◽  
The Republic

The article analyzes the social and legal assumptions that determine the need for the legal regulation of territorial planning. The extent to which the appropriate legal regulation of territorial planning is related to the protection of the environment, ensuring sustainable development and the protection of human rights is assessed. It is concluded that the process of territorial planning is complex and complicated, has different needs and interests of natural and legal persons regarding the use of the respective territories are constantly encountered. Although the reform of the legal regulation of territorial planning has been carried out three times in Lithuania, gaps in the legal regulation of territorial planning have been identified so far.

scholarly journals Dual Citizenship: Real and Potential Threats to National Security. Legal Response

2019 ◽  
pp. 70-78
Author(s):  
Ivan Sliusarchuk ◽  
Olha Mitenko
Keyword(s):  
National Security ◽  
Key Words ◽  
Legal Regulation ◽  
Security Threats ◽  
Dual Citizenship ◽  
Legal Response ◽  
Foreign Countries ◽  
Legislative Regulation

The article deals with the notion of dual citizenship, its legal regulation. The main threats to the national security of Ukraine related to the phenomenon of a multiple citizenship are analyzed. The experience of foreign countries from this issue is considered and the ways of legislative regulation of dual citizenship in Ukraine are offered. Key words: citizenship of Ukraine, citizen of Ukraine, multiple citizenship, legal regulation, national security, threats to national security.

scholarly journals Strengthening legal protection against discrimination by algorithms and artificial intelligence

2020 ◽  
Author(s):  
Frederik Zuiderveen Borgesius
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Human Rights ◽  
Data Protection ◽  
Legal Protection ◽  
Indirect Discrimination ◽  
General Rules ◽  
Data Protection Law ◽  
The Right

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.

scholarly journals Legal regulation of the development and application of artificial intelligence in military sector of the Russian Federation in the context of the government strategy and ensuring the protection of intellectual property rights

2021 ◽  
pp. 26-42
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Regulation ◽  
Intellectual Activity ◽  
Military Equipment ◽  
Legal Perspective ◽  
Legislative Framework ◽  
The Russian Federation ◽  
The Government

The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.

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