Legal Regulation Of Artificial Intelligence Research Articles

The white paper on artificial intelligence as a source for the formation of European Union legislation in the field of artificial intelligence

The article analyzes the provisions of the White Paper on artificial intelligence as a source of the formation of European Union legislation in the field of artificial intelligence. It is noted that the study of legal regulation of artificial intelligence in the European Union will contribute to the formation of the domestic source base in the field of application of artificial intelligence. It has been analyzed that in scientific circles, the provisions of the White Book on artificial intelligence are highlighted by domestic scientists in a fragmentary manner, which makes it difficult to comprehensively perceive the content and meaning of the White Book as a whole. The article states that the legislation of Ukraine needs improvement, which consists in compliance with European standards in the field of artificial intelligence. It has been established that it is advisable to enshrine provisions on the use of artificial intelligence at the legislative level. The article examines the provisions of the European Data Strategy, which recognizes artificial intelligence as an important component of the data economy. It has been studied that the provisions of the European Data Strategy provide for a combination of technology, industry, digital infrastructure and regulatory framework. It was noted that the provisions of the Strategy regarding artificial intelligence were further developed in the White Book. The article specifies the concept of artificial intelligence in accordance with the provisions of the White Book. It is noted that the Provisions of the White Book are aimed at ensuring consultation of interested parties, collection of feedback as a basis for future decision-making processes. It has been proven that the White Paper can be considered a political document containing the goals and possible actions of the European Commission regarding the regulation of artificial intelligence and contains a list of political proposals, intentions and recommendations. It is noted that the White Book is a framework for future legislative proposals on the formation of a legal framework related to artificial intelligence in the European Union. The article defines the structure of the main provisions of the White Book and establishes the fundamental principles that determine the development and implementation of artificial intelligence. Attention is focused on chapter 5 of the White Paper, which is devoted to the «Ecosystem of Trust: Regulatory Framework for Artificial Intelligence», which is devoted to the key elements of the regulatory framework for artificial intelligence in Europe.

RETURNING TO THE SCIENTIFIC PUBLICATION OF THE CANDIDATE OF LEGAL SCIENCES, PROFESSOR ZH. TLEMBAYEVA «SOME APPROACHES TO THE LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE»

This article analyzes the article by Candidate of Legal Sciences, Professor Zh. Tlembayeva «Some approaches to the legal regulation of artificial intelligence», which was published in the scientific and legal journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan» No. 2 (65)-2021. In modern society, issues of legal regulation of artificial intelligence are becoming an integral part of the discussion on technology development. This topic represents a current and complex challenge that requires an in-depth analysis of various approaches to the formation of legal norms and standards in the field of artificial intelligence. The article analyzes the definition of the concept of «artificial intelligence», the definition of the concept of «artificial robot» established in the Law of the Republic of Kazakhstan «On Informatization». The author concluded that when developing a definition of this concept, one should take into account the types of artificial intelligence systems, the peculiarities of the use of artificial intelligence technologies in each specific area, as well as the different levels of application of technologies and the characteristics of the legal system of the state. The article discusses examples from different countries and organizations, international acts on issues related to the regulation of artificial intelligence. The author of the article notes that currently the use of artificial intelligence is practically not provided with a proper international basis. Zh. Tlembayeva points out the importance of a gradual and adaptive approach to the legal regulation of artificial intelligence, ensuring a balance between stimulating innovation and protecting the interests of society, as well as the flexibility of laws to adapt to the rapid development of technologies in this area. The article provides valuable research for legal, technology, and public policy professionals concerned with the implementation of artificial intelligence.

Legal Regulation of Artificial Intelligence: Experience of China

Objective: to trace the development trajectory of legal regulation in the field of artificial intelligence in the People’s Republic of China by revealing the advantages and disadvantages of China’s approach to artificial intelligence regulation and to outline the prospects of national regulation for the nearest future, taking into account the world experience.Methods: general scientific methods of analysis and synthesis, classification, systemic and functional approaches. Also, the formal-legal, comparativelegal, and historical-legal methods were used.Results: the research demonstrates the validity of Chinese claims for world leadership in the creation of legal regulation of artificial intelligence, as it is in China that the first normative legal acts were adopted. These acts have already entered into force; however, each of them deals with a narrow range of issues, while there is no law to establish general rules for the artificial intelligence industry. Among the characteristic features of the Chinese approach we can name, first of all, its iterative nature, which allows adjusting the regulation with each new step. Another feature is the sectoral nature of the regulation.Scientific novelty: in the course of the research, the development stages of artificial intelligence legal regulation in China were identified and described; the advantages and disadvantages of the Chinese approach to regulation were identified and argued; this approach was compared with the approaches of China’s main rivals competing with it in terms of the technology development and its legal regulation. All of the above allowed making conclusions about the subsequent development of legal regulation in China and in the whole world.Practical significance: familiarization with the research materials enables interested legal scholars, and not only them, to get a clear idea of the level of artificial intelligence regulation, achieved by China. China’s experience is of significant interest to the rest of the world, showing the correctness or faults of possible regulatory options in the new and complex field. The study results can be used in the practice of legal regulation in the sphere of artificial intelligence, as well as in preparing lectures in the relevant courses and writing tutorials for law students.

Legal regulation of artificial intelligence in the European Union and Ukraine: main approaches and human rights

The article provides an analytical review of a number of international and national documents relating to various aspects of the legal regulation of artificial intelligence. Attention is focused on the problems of regulatory and practical approaches to ensuring and observing human rights at all stages of the life cycle of artificial intelligence.

Existential definition of the paradigm of legal regulation of the use of artificial intelligence

The article is devoted to the problems of legal regulation of the development and application of artificial intelligence technologies in the world and in Ukraine. An overview of the main international and national initiatives aimed at solving the problem of forming sustainable governance and regulating the development and application of artificial intelligence technologies is carried out, as well as the results of the discussion of the possibilities of artificial intelligence and the risks associated with its use for peace and security, economy and society, and human rights are highlighted. The results of the analysis of the current state of affairs in the field of artificial intelligence are obtained. There is uncertainty, divergence of views of political, intellectual and business elites both at the national and global levels regarding the conceptual content of further ways to determine the legal regulation of artificial intelligence. The world is faced with the phenomenon of the singularity, which requires the definition of a new paradigm and conceptual framework for the transformation of legal systems, first of all, the regulatory framework for the effective development and application of artificial intelligence technologies.

The Legal Basis for the Use of Artificial Intelligence in Decision-Making by Public Authorities

This article centers on the legal regulation of artificial intelligence (AI) use in public administration. The main features of AI, the risks associated with its use in the public sector, and its key functions were outlined. The program and strategic plans for AI introduction in Russia were systematized. The prospects for creating a digital state were highlighted. Through careful analysis, the most viable areas of public administration were identified where AI can realize its full technical potential without entirely taking over the tasks of human officials (such as digital controllers, judges, and investigators). A clear distinction was revealed between “weak” AI, a technical assistant and decision-making tool for human officials, and “strong” AI, a fully-fledged subject of legal public relations with legal capacity. The connection between the development of new technologies and the evolution of the state apparatus was stressed. It was concluded that the integration of multiple algorithms in management activities is causing a shift from quantitative to qualitative changes: the ways state bodies exercise their public powers are being altered and revised.

Retracted: The Legal Regulation of Artificial Intelligence and Edge Computing Automation Decision-Making Risk in Wireless Network Communication

Retracted: The Legal Regulation of Artificial Intelligence and Edge Computing Automation Decision-Making Risk in Wireless Network Communication

Problems of legal regulation of artificial intelligence in administrative judicial procedure

The use of digital technologies in administrative courts uses the legal systems of the European Union and the world to strengthen the ways of protecting human rights. This paper examines certain problems of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions, risks and benefits, prospects for the use of artificial intelligence in administrative judicial procеdure, taking into account foreign experience in legal regulation in this area. The concept of "artificial intelligence" is investigated. It is emphasized that the use of artificial intelligence technologies in administrative judicial procеdure is an acceptable use only of specialized intelligent systems that can work under human control. It is stated that when considering administrative cases in an administrative court of minor complexity, it is possible to use artificial intelligence technologies, which will be able to independently generalize and analyze legislation, judicial practice and be a recommendation for a judge when making a fair and lawful decision on the principles of the rule of law. It has been established that the use of artificial intelligence technologies in administrative proceedings provides opportunities for the effective implementation of the right to judicial protection, but can be used to take actions that are contrary to the rule of law, in particular regarding the violation of the right to a fair trial in administrative cases in administrative courts. The latter requires the improvement of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure using international principles and standards.

License Agreements used in Distribution of Machine Learning Software Packages

Recently, consideration of the issues of legal regulation of artificial intelligence has become increasingly relevant. Most legal works are devoted to the study of responsibility of a legal personality that arises or does not arise from activities involving the use of artificial intelligence. However, for developers of the relevant software, the issue of intellectual property protection, namely, exclusive rights to computer programs, is more interesting. In particular, the types of licenses under which open source software products (such as MIT, GPL, BSD, Apach), their main characteristics, disadvantages and advantages are of interest. Of particular interest is the legal regulation of such license agreements in the context of cross-border turnover of software packages, as well as the existence of the open source concept. In addition, in order to dive deeper into the subject area of the study, the paper discusses basic concepts from the theory of machine learning.

Dilemmas and Breakthroughs in the Legal Regulation of Artificial Intelligence Based on Deep Learning Models

Abstract In this paper, we use big data analysis techniques combined with the TF-IDF algorithm to weigh the frequently occurring word frequency vectors in text and reduce the document length to obtain keywords without destroying the original text feature information. The similarity of text features is combined with a Bayesian algorithm for label classification to facilitate data query and indexing. The results show that the running time of the system is kept around 14s, the recall and accuracy can be close to about 75% and 72% on average, and the number of keywords can reach 5971 with an F1 value of 0.9, which proves the effectiveness of the artificial intelligence legal regulation system based on big data analysis.

On the Concept of Artificial Intelligence and the Basics of its Regulation in International and Russian Law

The article covers the study of the issues of the concept of artificial intelligence and certain problematic aspects of the legal regulation of its use. The authors analyze the concept of artificial intelligence in domestic and foreign legislation, foreign and national doctrine. Currently the absence of a single concept of artificial intelligence is caused by both the initial stage of development of the legal regulation of the phenomenon under study, and the lack of its uniform understanding in academic community. The development of a single definition of the concept under study is possible with gaining experience and the regulatory framework in this area. Taking into account the availability and prospects for the creation of various types of intelligent systems, it is proposed to take a differentiated approach to their legal regulation, establishing the appropriate legal regimes. The authors analyze domestic and foreign legislation governing the legal regulation of artificial intelligence and the principles of its use. Among the problematic aspects are the issues of determining artificial intelligence as a legal subject, the peculiarities of liability in case of violation of the rights of parties to civil transactions by activities related to the use of artificial intelligence technologies. The question of whether artificial intelligence is a legal subject is debatable. Currently, in most legal orders, artificial intelligence systems are not recognized as having consciousness (capable of creating and reproducing subjective decisions). However, the practice of applying the norms of intellectual law has led to the recognition in certain jurisdictions of authorship of the artificial intelligence system. The authors conclude that, when determining the limitations of liability in relations linked to the use of artificial intelligence systems, it is necessary to use both existing legal structures, such as mixed liability in case of joint infliction of harm; liability for harm caused by activities that create an increased danger to others; the responsibility of the manufacturer for the quality of goods (services) to the consumer, and the direct fixing in the current civil legislation of special rules that determine the specifics of liability when using artificial intelligence.

FEATURES OF THE USE OF ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE AND ITS IMPACT ON THE LEGAL PROFESSION IN KAZAKHSTAN

The article examines the current legal regulation of artificial intelligence in the Republic of Kazakhstan. The features and risks of using artificial intelligence in the judicial process and legal practice, as well as its impact on the legal profession and on the fate of citizens in general, are considered. The significance, features and prospects of using artificial intelligence in legal practice in the context of the development of the digital economy of Kazakhstan are also investigated, the work of domestic and foreign researchers in the field of development and application of artificial intelligence technologies is analyzed. In the research work, a comparative analysis of the effectiveness and inefficiency of the influence of artificial intelligence on the sphere of legal relations was carried out. For example, while some researchers prove that artificial intelligence facilitates typical work in the field of law and legal practice, that it has a positive impact on saving time, automating legal services, some prove that artificial intelligence does not make the right decisions, commits negative actions and harms society. The advantages and disadvantages of the influence of artificial intelligence on the legal profession are also discussed, especially the risks of job loss of employees in this industry. The research paper presents quantitative indicators from the report of foreign studies and Kazakh studies of artificial intelligence in legal practice. Currently, the growth of online services, the introduction of new technologies, the automation of processes such as justice, may indicate the rapid development of artificial intelligence in this area.

THE USE OF ARTIFICIAL INTELLIGENCE IN ESPORTS: PROSPECTS AND PROBLEMS

The article analyzes the use of artificial intelligence in esports. It is noted that the fact that AI technology has been developing rapidly in recent years makes its impact on the gaming industry particularly significant. On the one hand, games created with advanced artificial intelligence allow players to improve the gaming experience by creating a more interesting game (creating a more realistic virtual environment). On the other hand, AI-enabled games provide better game mechanics and help players train and improve their skills. These circumstances necessitate the study of the legal regulation of artificial intelligence in esports. The study pays special attention to the role of AI-based bots that can simulate real-life scenarios and provide players with the opportunity to train and improve their skills, and to the analysis of opportunities to provide players with realtime feedback on their performance. At the same time, the author analyzes the complexities of legal regulation of the use of artificial intelligence in various spheres of life, including esports. The author analyzes the provisions of the European Union acts on this issue. It is concluded that, in general, artificial intelligence plays an important role in the esports industry. Thus, optimization of video games through the use of artificial intelligence, training, and analytics help players become more competitive and create the tools necessary for teams to succeed. However, there are problematic issues regarding legal regulation and abuse of athletes. It is concluded that as the esports industry continues to evolve, artificial intelligence remains an important component of the gaming experience and there is a need to adapt legislation to meet new challenges.

Future of the Artificial Intelligence: Object of Law or Legal Personality?

Objective: to reveal the problems associated with legal regulation of public relations, in which artificial intelligence systems are used, and to rationally comprehend the possibility of endowing such systems with a legal subject status, which is being discussed by legal scientists.Methods: the methodological basis of the research are the general scientific methods of analysis and synthesis, analogy, abstraction and classification. Among the legal methods primarily applied in the work are formal-legal, comparative-legal and systemic-structural methods, as well as the methods of law interpretation and legal modeling.Results: the authors present a review of the state of artificial intelligence development and its introduction into practice by the time of the research. Legal framework in this sphere is considered; the key current concepts of endowing artificial intelligence with a legal personality (individual, collective and gradient legal personality of artificial intelligence) are reviewed. Each approach is assessed; conclusions are made as to the most preferable amendments in the current legislation, which ceases to correspond to the reality. The growing inconsistency is due to the accelerated development of artificial intelligence and its spreading in various sectors of economy, social sphere, and in the nearest future – in public management. All this testifies to the increased risk of a break between legal matter and the changing social reality.Scientific novelty: scientific approaches are classified which endow artificial intelligence with a legal personality. Within each approach, the key moments are identified, the use of which will allow in the future creating legal constructs based on combinations, avoiding extremes and observing the balance between the interests of all parties. The optimal variant to define the legal status of artificial intelligence might be to include intellectual systems into a list of civil rights objects, but differentiating the legal regulation of artificial intelligence as an object of law and an “electronic agent” as a quasi subject of law. The demarcation line should be drawn depending on the functional differences between intellectual systems, while not only a robot but also a virtual intellectual system can be considered an “electronic agent”.Practical significance: the research materials can be used when preparing proposals for making amendments and additions to the current legislation, as well as when elaborating academic course and writing tutorials on the topics related to regulation of using artificial intelligence.

Topical issues of legal regulation of artificial intelligence in the context of the need to ensure national digital sovereignty during the period of sanctions pressure

The article analyzes the potential of using artificial intelligence technologies (hereinafter referred to as AI) for the purpose of reducing or preventing various kinds of risks for domestic business in the face of increasing sanctions pressure from a number of foreign countries, which reached unprecedented proportions after the start of a special military operation in Ukraine. The article discusses aspects related to the use of modern IT solutions by foreign countries for the purposes of monitoring compliance with sanctions legislation in relation to the Russian Federation, as well as ways to inform the domestic business community about the possibility of taking into account restrictive measures taken against it. The approaches to the definition of the concept of digital sovereignty are analyzed and its criteria are formulated. Based on the analysis of regulatory and doctrinal sources, it is shown that AI technologies are inextricably linked with ensuring national digital sovereignty, and the level of legal regulation should meet the demands of the present time.

Theoretical aspects of identyifying legal personality of artificial intelligence: cross-national analysis of the laws of foreign countries

Research analyzes the issues of determining the legal status of artificial intellect. As artificial intellect (AI) systems become more sophisticated and play an increasingly important role in society, the arguments that they should have some form of legal personality are becoming increasingly relevant. The research argues that most legal systems could create a new category of legal persons. The issues of innovative trends in law enforcement practice are also in the focus as well as the issues of establishing general provisions on liability for criminal acts committed due to technical failures of artificial intelligence without the presence of anthropogenic participation and intervention. The article presents the results of the relevance of philosophical-legal and ontological analysis not only to a state, but also to the prospective future modifications of artificial intelligence. It outlines the results of a comparative analysis of the laws regulating artificial intelligence in a number of foreign countries along with the results of a retrospective analysis of some historical stages in the development of legal regulation of artificial intelligence.

Legal regulation of artificial intelligence in the sphere of human reproductive functions: cur-rent challenges and implementation prospects

The article examines modern aspects of the legal regulation of artificial intelligence through the prism of the use of reproductive technologies. It is noted that the legal regulation of artificial intelligence is carried out both at the national and international levels. In Ukraine, the issue of artificial intelligence is partially regulated in the Law of Ukraine "On the Protection of Personal Data" and the Concept of the Development of Artificial Intelligence in 2020. The international legal regulation of this aspect of social relations is concentrated in international acts that have a purely advisory nature regarding the characteristics of artificial intelligence, in particular in the European Ethical Charter of the Council of Europe regarding the use of artificial intelligence in judicial systems. It was emphasized that on the issues of artificial reproduction, where artificial intelligence acts as a "mother". The concept of artificial reproduction involves the widespread use of artificial intelligence, which will be responsible for each child's access to nutrients "adapted to its needs." In addition, it predicts that artificial intelligence will be able to monitor the development of children and signal any possible deviations. It was concluded that the legal support of artificial intelligence should be regulated taking into account the study of the risks of its use in various spheres of life of society based on the positive foreign experience of countries such as Japan, Australia, and the USA. At the same time, it is worth taking into account the fact that the role of artificial intelligence in artificial reproduction differs depending on the method. Thus, in the procedure of in vitro fertilization or artificial insemination, artificial intelligence will be involved in the selection process of eggs and sperm in order to increase the percentage of the possibility of fertilization and reduce the risks associated with the development of the embryo. Considered aspects determination the age limit for persons to whom will apply assisted reproductive technology. Also investigated the possibility of reproductive technologies for people who are not in a registered marriage. This article gives examples of legal regulation of assisted reproductive technology in foreign countries.

Trends in regulating the capabilities of artificial intelligence in the field of medicine in the era of globalizing international law

Today, artificial intelligence should be considered as one of the integral parts of human life, which is directly interconnected with new trends in the development of information and communication technologies in the life of society. The main difficulty in the study of artificial intelligence is its complexity, since the use is carried out at the junction of several areas of knowledge, which should include international law.The problems under consideration have not lost their relevance at the present time. In order to compare different legal systems within the framework of this study, it is proposed to analyze the norms of international law in order to establish the best model for possible adaptation of the legal norms of different states and bring them to a common denominator.Many states note as one of the priority tasks the legal regulation of artificial intelligence and its use in various spheres of society, including in the field of healthcare. This task has gained increased urgency, including in connection with the development and spread of a new coronavirus infection, which further intensified the penetration of information and communication technologies into the everyday spheres of society, which was implemented, among other things, through the introduction of artificial intelligence technologies.

On Facial Recognition, Regulation, and "Data Necropolitics"

Abstract: This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of "Data Necropolitics" defines a predatory form of digital governance that exploits and discriminates against vulnerable populations.

On the issue of legal regulation of artificial intelligence used in the activities of authorities to counteract the legalization of criminal proceeds

On the issue of legal regulation of artificial intelligence used in the activities of authorities to counteract the legalization of criminal proceeds