scholarly journals Assessing the Need of Using Artificial Intelligence within Legal Practice

Author(s):  
Hanna Viktorivna Zubenko ◽  
Vladimirov Yevhen Vodolymyrovych ◽  
Iryna Popovich ◽  
Yaroslav Ilin

The objective of the article is to analyze the content and particularities of the use of artificial intelligence in legal practice. Historical and legal, epistemological, and comparative scientific methods are used. It has been clarified that artificial intelligence is the ability of a computer (machine) to simulate human intelligence while solving certain tasks. This type of intelligence is also designed to solve complex integral tasks related to the collection, processing, storage, generalization, and other actions with information. It has been argued that the introduction of artificial intelligence technologies in all spheres of public life requires adequate legal regulation of all aspects of their use. The main guidelines for the development of artificial intelligence in legal practice have been identified, namely: development of innovative cybersecurity systems; determination of the list of administrative services, the decisions of which can be made by automated systems using special information processing algorithms; development of digital systems for the identification and verification of persons; use of artificial intelligence technologies to detect illegal activities in computer systems, registries, other socially dangerous phenomena; protection of personal data; development of technologies for e-government.

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.


2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.


2020 ◽  
Vol 64 (2) ◽  
pp. 88-96 ◽  
Author(s):  
Fatima V. Tsomartova

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.


2019 ◽  
Vol 12 (5) ◽  
pp. 38
Author(s):  
Alsu Machmutovna Khurmatullina ◽  
Evgeniy Batyrovich Sultanov ◽  
Rimma Rashitovna Amirova ◽  
Olga Mikhailovna Smirnova

The significance of regulating people's personal data in the context of implementing each person's right to privacy of personal life and family life becomes especially crucial for the purposes of ensuring biogenetical safety of people in Russia. This requires raising the issue of implementing the right to privacy in the context of the biotechnological revolution. The special legal significance of this issue in the Russian Federation is connected with the passing of such laws as the Law "On personal data" and the Law "On state genome registration in the Russian Federation". This article analyzes the legal status of biometric personal data. We note the need for legal regulation of the protection of biometric information as confidential data. The results of this research are based on using the following methods: universal dialectical method of scientific cognition, as well as general scientific methods based on it (description, analysis, synthesis, induction, deduction, comparison, analogy, generalization) and specific scientific methods (comparative law method, systematic structural method and formal law method).


Author(s):  
Alexey Viktorovich Suslov

The object of this research is the modern digital society as a new civilizational level in development of humanity. The subject of this research is the evolution of ethical values and principles in the context of transition from postindustrial stage to information society, as well as ethical aspect of implementation of digital technologies and artificial intelligence systems into the realm of social management. The article familiarizes the audience with the Chinese system of social score – the largest social experiment on the basis of digital technologies, as well as with the trends and prospects of digitalization process in modern Russia. Having analyzed the national and foreign experience, the author demonstrates the risks of hurried implementation of digital solutions based on artificial intelligence without extensive ethical examination, point out the contradiction between scientific-technological and economic freedom, and the need for limiting these freedoms for the sake of human welfare. The conclusion is made that despite all advantages, digital technologies bear the risks of unethical usage of personal data and violation of privacy. Turning data into the product as a means for gaining profit, difficulties of legal regulation and control thereof, makes a human extremely vulnerable in the new digital world. Therefore, in the process of collection and processing of data, as well as in creation of robotic systems based on artificial intelligence, it is essential to adequately assess the risks and formulate ethical restrictions, which should be taken into account in their design and exploitation.


2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.


Author(s):  
A. Antonenko

The article addresses the issue on the determination of ways to improve the legal regulation for contractual relations of purchasing private property for public needs, based on the European experience in regulating expropriation. To achieve it, general and special methods of scientific knowledge have been used, including system-structural, structural-logical, comparative-legal, deduction, induction, analysis, synthesis, etc. The necessity of appreciation of the European experience of legal regulation of expropriation to optimize Ukrainian legislation in this area is emphasized. The article establishes the issue concerning the sameness of two legal tools, namely the contract of purchase of private property for public needs under Ukrainian law, as a general idea, which is now implemented through civil law agreements, and the expropriation agreement in several European states (Germany, Switzerland, and Liechtenstein). The advisability of expropriation agreement implementation into legislation and legal practice is substantiated; in this regard, expropriation agreement is considered as the special contract destined exclusively for regulation of purchase of private property for public needs. The author also suggests applying European approch to entitling the contract of purchasing of private property for public needs and identifying its terms; Expropriation Contract as a title is proposed. The article highlights the advantages of Expropriation Contract as a title. The amendments to the Law of Ukraine "On the alienation of land and other real estate located on them, which are in private ownership, for public needs or for reasons of public necessity" according to European experience and author’s examination are proposed. The author also recommends to change the name of the purchasing procedure to the procedure for voluntary expropriation (or voluntary alienation of private property for public needs).


2021 ◽  
Vol 118 ◽  
pp. 02010
Author(s):  
Anatoly Yakovlevich Kapustin ◽  
Sayana Bairovna Balkhaeva ◽  
Andrey Evgenievich Pomazansky ◽  
Azamat Tynyshtykbaevich Aldabergenov

The purpose of the study is to analyse the regulatory potential of international law taking into account its main focus for the regulation of new relations associated with digitalisation processes. The research methodology consisted of formal-legal, formal-logical, interpretation of law as well as general-scientific methods. The research resulted in the solution of problems involving the determination of the key areas of international cooperation in respect of those issues in which the need for international legal regulation has already most clearly manifested so far. The authors attributed to them the international cooperation under the auspices of international organisations, primarily the United Nations, monitoring compliance with international law and preventing its possible violations, solving global problems such as climate change, sustainable development, migration, terrorism and armed conflicts. The novelty of the research lies in the very formulation of the problem as well as the conclusion that international legal regulation in the field of digitalisation should be based on international consensus. At the same time, it is possible to reach such a consensus both within the framework of existing international organisations, which can be adapted to address new issues due to their universality, and through the development of new international agreements.


Author(s):  
Zhanna Pavlenko

The Problem setting. Due to the rapid development of digital technologies, the issue of status settlement and the use of artificial intelligence technologies is especially relevant. This fact indicates the need and importance of finding answers to the question and aims to intensify and unite the efforts of the scientific community to address relevant issues. One of the areas of scientific research is the doctrinal development of new phenomena and processes that have arisen and are taking place in the state and legal sphere under the influence of digitalization of economics, management and law. The tasks of scientific research are to comprehend the impact of the digitization process on the state and legal sphere of society; law as such; assessment of the transformations that are taking place and identification of trends in their dynamics; forecasting the state of these phenomena in the future; formulation of fundamental and applied problems of legal science in terms of doctrinal development of the laws of development and functioning of law, state and legal sphere of society in the conditions of digital reality, determination of approaches to their solution. Recent research and publications analysis. An analysis of recent research and publications shows that scientific research on this issue is carried out mainly within the economic, political, computer, legal sciences, although the problems and prospects of digitization of law require a deep and thorough philosophical, including philosophical and legal understanding. The rapid development of new technologies, in particular artificial intelligence technologies, the Internet of Things, cloud technologies, etc., is contributing to changes in current legislation. Today, advanced economies are already pondering the question of regulating the status and use of AI technologies. While these are only the first bold steps, in the future, all of these can affect global changes in the legal system - perhaps full-fledged comprehensive institutions of law, even the branches of law. Paper objectiv. The purpose of this article is a philosophical and legal understanding of the impact of digitalization on the state and legal sphere of society and law as such. Paper main body. One of the practical aspects of digitalization is the manifestation of the state’s ability to provide various services. If necessary, citizens receive certificates, records, statements, responses to electronic inquiries, electronic payments. Other practical aspects, provided that these technologies are used wisely, can improve welfare in education, public safety, and health. In addition, digital imaging can also help address common global issues, such as climate change and greater access to health care and mobility. At the same time, according to many researchers, along with the benefits of digital technologies, including artificial intelligence, new types of ethical issues are being raised, namely compliance with legal ethics standards by artificial intelligence systems and justice, the most important of which are respect for human rights and democratic values. , as well as the danger of transferring prejudices from the analog to the digital world. Researchers have linked the legal challenges of using artificial intelligence technologies in legal practice to a number of issues. In particular, with such as: ensuring data confidentiality; access to confidential law enforcement information; lack of regulatory framework for the use of artificial intelligence systems in legal practice; protection of intellectual property; risk assessment of the use of artificial intelligence systems by a lawyer when working with a client; other potential problems of lawyer’s liability; dangers of unauthorized access and modification of artificial intelligence systems by attackers; damage to artificial intelligence systems by malicious virus programs; violation of the terms of providing advice from artificial intelligence systems in case of technical problems, etc. Therefore, the development of systems that transparently use artificial intelligence and are responsible for their results is critical. Artificial intelligence systems must function properly and safely. According to experts, the unresolved in Ukraine of many political and legal issues related to the rapid development of the information and communication sphere with the advent of digital technologies has become dangerous. It is obvious that the transformations in society associated with these processes require new approaches to the development of national policies for the digitalization of society, which should be based on international agreements. Due to these transformations, there is a need to develop strategic documents that will regulate this area. These documents should be flexible and designed to take into account the maximum amount of data, as well as ensure the free development of innovative technologies and prevent possible risks. Issues of development of the digital economy and society of Ukraine do not fully meet today’s conditions, not enough account is taken of the transformations that have emerged and are currently taking place both in law and in the field of legal regulation under the influence of digitalization. Digital technologies are able to change the image of law, to influence its regulatory potential and efficiency, to open the way or to block its action in new dimensions of social reality. Traditional rather than digital vision of law, legal technologies and certain types of legal activity by legislators is a consequence of the lack of relevant scientific developments that will identify and explain the impact of the digitization process on the law and the legal sphere of society. The practical need for this kind of research is now greater than ever. In order to satisfy it, scientists should intensify work in this direction. Conclusions of the research. The new digital reality puts forward new requirements for legal science and legal practice, including the development of effective tools and models of legal regulation of various spheres of public life. In modern conditions, law becomes not only a means, a tool that provides digitalization of the economy, government and other segments of social life, but also the object of digitalization. With the development of digital technologies, the contradiction between the need for quality both in terms of form and content of regulations, as well as the ability to meet it in a short time. The task of the state is both to provide favorable conditions conducive to digitalization and to create opportunities for their implementation.


2017 ◽  
Vol 3 (80) ◽  
pp. 44
Author(s):  
Tatjana Jurkeviča ◽  
Kaspars Šmits

Topicality of a subject-matter “Burden of proof: Procedural understanding of standard of proof” is based on ambiguous understanding of the standard of proof in legal practice, that is, of the moment when a fact is considered to be proven or unproven. Goal of an article is to research legal regulation of burden of proof in civil procedure, administrative 51ADMINISTRATĪVĀ UN KRIMINĀLĀ JUSTĪCIJA 2017 3 (80) procedure, administrative offence procedure and criminal procedure law and to determine standard of proof within each of these procedures. Burden of proof, or duty to prove claimed fact, is an essential element of any evidentiary proceedings. Determination of standard of proof is ambiguously understood issue in legal theory and especially in legal practice. Ambiguous understanding of standard of proof in legal practice may cause determination of unproven facts as proven or vice versa, or even lead to finding innocent persons as guilty. Authors, by researching burden of proof in mentioned proceedings, provides an explanation on legal aspects of its standards.


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