Abstract
The functioning of business today is unimaginable without the use of artificial intelligence (AI) tools. The issue of regulating AI technologies in Ukraine and the impact of such algorithms on the development of business structures is relevant. The impact of AI on the digitalization of business can be observed in the following: automation of routine tasks; the ability to process large amounts of data and provide analytical reports; providing clients with personalized offers; the ability to predict future market trends. In Ukraine, AI regulation procedures began in December 2020 with the approval of the «Concept of Artificial Intelligence Development». The next step in regulation was the presentation of the «Roadmap for AI Regulation» document by the Ministry of Digital Transformation in October 2023. The document aimed to help Ukrainian businesses prepare for the adoption of a law that would be analogous to the European Union's EU AI Act. The adoption of the law was preceded by the publication of the European Strategy for AI in 2018, from which the Recommendations for Trustworthy AI were formed in 2019, and the Assessment of AI Trustworthiness in 2020. In parallel, the first Coordinated Plan on AI was published in 2018 as a joint commitment by EU member states. In February 2020, the European Commission approved a White Paper on AI. In April 2021, the European Commission began work on a full-fledged Regulation, which was finalized in March 2024 with the adoption of the EU AI Act, approved by the EU Council on May 21. The latest government document is the White Paper on AI Regulation in Ukraine: Vision of the Ministry of Digital Transformation. The main goals of the White Paper are: supporting businesses to increase competitiveness, protecting human rights from possible violations, and adapting Ukrainian legislation to EU standards. The White Paper describes the following prerequisites for developing a BOTTOM-UP approach: balancing interests; prudence and timeliness in implementing regulation; challenges in AI regulation; European integration «Brussels effect»; service function and product orientation. The starting tools are: regulatory sandbox, methodology for assessing the impact of AI on human rights, AI labeling tools, soft law tools (voluntary codes of conduct, general and sectoral recommendations), creation of a responsible AI web portal, and the final version of the White Paper. The logical continuation of Phase I is Phase II BOTTOM-UP – the adoption of the law analogous to the EU AI Regulation and the implementation of mandatory regulation through implementation. The White Paper proposes a path for AI regulation in Ukraine.
Published Version
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