The application and regulation of administrative discretion in the era of artificial intelligence

The advent of the era of artificial intelligence makes it possible for administrative subjects to use intelligent machines and systems to engage in administrative activities. Among them, the administrative discretion, which is the core of administrative law, is particularly concerned about the use of artificial intelligence. In the era of weak artificial intelligence, intelligent administrative discretion has been widely used in all aspects of administrative law enforcement, but there is a phenomenon that administrative subjects are negligent in exercising discretion. Looking forward to the era of strong artificial intelligence, artificial intelligence machines or systems may have the ability and power to independently exercise administrative discretion, but they cannot become the real administrative discretion subject. Intelligent administrative discretion is conducive to administrative efficiency and guarantees the fairness of administrative behavior, but it also faces legal risks such as unfair results of discretion, opaque algorithm settings, and weakening of government functions. Only by strengthening the legal basis, protecting the rights of the counterparty, improving the accuracy of the algorithm, and improving the status of the administrative subject can the administrative discretionary behavior under the background of artificial intelligence be effectively regulated.

THE KOLYVAN FACTORIES IN THE POLICY OF THE KUZNETSK VOIVODES IN THE SECOND QUARTER OF THE XVIII CENTURY

The article is devoted to the identification and analysis of the areas of interaction between the Kuznetsk voivodes (governors) and proprietary estate managers of the A. N. Demidov’s Kolyvan factories in the second quarter of the XVIII century. The research is based on unpublished documents from the funds of the Russian State Archive of Ancient Acts. The article features the reaction of the district administrators to the establishment and dynamics of the security system at copper smelteries in the interstream area between the Ob and the Irtysh. The system contradictions between the interests of civil authorities and A. N. Demidov’s managers are demonstrated by the example of the use of state-owned salt, as well as by the amenability of crimes. The resulting collisions and conflicts are considered as a consequence of the unregulated procedure of the relationship of the relevant administrative subject in lawmaking and administration. The author casts doubt on the popular opinion that there was no competition between the state and the proprietary basics in the development of the Upper Ob-Irtysh area. The author comes to a conclusion about the permanent aspiration of the Kuznetsk voivodes to expand their administrative influence on the estate managers of the Kolyvan-Voskresensky department.