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 intellig
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.
Executive Summary
The article explores the concept of artificial intelligence (AI) and the challenges in its legal regulation, both internationally and within Russian law. It highlights the lack of a unified definition of AI, attributing this to the nascent stage of legal development in this area and the diverse academic interpretations. The authors propose a differentiated approach to legal regulation based on the types of intelligent systems and analyze existing legislation and principles governing AI use. Key problematic aspects include determining AI's legal subjectivity and liability issues in civil transactions. The authors suggest leveraging existing legal structures and introducing specific rules to address these challenges.
Key Points
- ▸ Lack of a unified definition of AI in legislation and academia.
- ▸ Proposal for a differentiated approach to legal regulation of AI.
- ▸ Analysis of AI's legal subjectivity and liability issues.
- ▸ Suggestions for using existing legal structures and introducing specific rules.
Merits
Comprehensive Analysis
The article provides a thorough examination of the concept of AI and its legal implications, covering both domestic and international perspectives.
Practical Recommendations
The authors offer practical suggestions for addressing the legal challenges posed by AI, including the use of existing legal frameworks and the introduction of specific regulations.
Demerits
Lack of Empirical Data
The article could benefit from more empirical data or case studies to support its arguments and recommendations.
Limited Scope
The focus on Russian and international law may limit the applicability of the findings to other jurisdictions with different legal systems.
Expert Commentary
The article provides a valuable contribution to the ongoing discourse on the legal regulation of artificial intelligence. By highlighting the lack of a unified definition and the need for a differentiated approach, the authors underscore the complexity of this emerging field. The analysis of AI's legal subjectivity and liability issues is particularly insightful, as these are critical areas that will shape the future of AI governance. The suggestion to use existing legal structures, such as mixed liability and manufacturer responsibility, is pragmatic and could provide a foundation for more specific regulations. However, the article could benefit from a more detailed exploration of empirical data and case studies to strengthen its arguments. Additionally, while the focus on Russian and international law is informative, a broader comparative analysis could enhance the applicability of the findings to other legal systems. Overall, the article offers a solid foundation for further research and policy development in the field of AI regulation.
Recommendations
- ✓ Conduct further empirical research to support the arguments and recommendations presented in the article.
- ✓ Expand the scope of the analysis to include a broader range of jurisdictions and legal systems for a more comprehensive understanding of AI regulation.
