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55ISSUES OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE
Leontiev V.
PhD in Law, Deputy head of the military training center of Russian State University ofjustice - head of the
training unit Moscow, Russian Federation
Abstract
This article examines the issues of legal regulation of artificial intelligence. The author reveals various definitions of the concept under study, proposed by Russian and foreign scientists. Various fields of application of artificial intelligence at the present time and in the near future are described. In conclusion, a reasonable conclusion is made that, despite the fact that a single approach to the definition of artificial intelligence in science has not been developed, the need for this is present in science and practice.
Keywords: artificial intelligence, legal regulation, occurrence, concept, term, definition.
Many scientific papers have been devoted to the issues of legal regulation of public relations using artificial intelligence (hereinafter - AI) [6, 9, 12, 17]. Meanwhile, there is still no single scientific definition of this concept. Scientific debates on various author's interpretations of AI are actively continuing [8, 15, 20, 21]. Moreover, the issues of legal regulation of AI in the messages of 2019 and 2020 drew the attention of the President of the Russian Federation Vladimir Putin.
AI is increasingly entering our lives. Innovative scientific developments in all spheres of life lead to the widespread use of AI.
There are several reasons why the development of AI is becoming widespread right now:
- ubiquity of high-speed Internet;
- a noticeable increase in the performance of modern computers;
- a significant reduction in the price of electronic gadgets, making them publicly available;
- development of cloud technologies;
- wide distribution of various mobile offers and gadgets;
- increase in the free programming market.
Thanks to AI, humanity actively uses medical and
other various services, machine translation and data classification systems. AI actively covers all areas of human activity, including, first of all, education, banking, medicine, and others. The scientific literature discusses the implementation of AI in electronic justice [16].
Currently, AI has spread far beyond the laboratories. State-owned corporations, following the world's largest leaders in the electronics industry, are paying attention to startups in the field of such developments.
AI applications are expanding every day. In the process of performing the functions assigned to them, AI gadgets have the opportunity to participate in public relations without the direct participation of a person. In more detail, you can determine the content and essence of AI with the help of technical sciences. As mentioned above, the essence of AI is the subject of various scientific discussions, while on the issues of classification, the opinion is more or less uniform. Among all the variety of AI, scientists distinguish strong and weak AI. The first is a device capable of performing actions similar to the ability of a person to think and self-learn. The second one is able to perform a strictly defined set of
actions. There are other classification options. As an example, we can consider the three-stage classification proposed by Australian scientists, where a weak AI is inferior to the average in the speed of information processing and ease of interaction with a person, and a strong AI is able to independently solve the most complex tasks and self-learn. The possibility of self-learning, in our opinion, is the most important feature of AI, since it implies the ability to receive, accumulate and analyze new information about the surrounding world without external interference. Based on the above, we can conclude that AI is endowed with the possibility of unpredictable behavior on the part of the creator, since it is able to independently make decisions based on the changing environment and environment on the basis of independently developed behavioral attitudes. The main criterion for creating a way to solve the task assigned to the AI is the speed and quality of its solution. Based on this, it can be assumed that it is impossible to exclude a situation in which the ultimate goal of such a task will be illegal. From this point of view, the development of AI is a very real danger, because they will act much faster and more diverse than criminals today [1]. There is an opinion that when using AI for illegal purposes, we can talk about a deliberate form of guilt on the part of the programmer who developed the AI [4, p.19]. However, everything is not so clear. You can offer a lot of options when the AI, created exclusively with the best wishes, is used in a completely different direction. The criminal can use only a part of the functions necessary for him when committing a crime, for example, speed or the ability to access a large amount of information and analyze it.
It is possible that, having the ability to self-learn, the AI in the future will be able to change the tasks programmed by the developer.
According to V. S. Doroganov and M. I. Baumgarten, AI is a mathematical model of neural connections that exists in a gadget [7, p. 134]. It should be borne in mind that the basis of AI is digital education, in contrast to the biological origin of human mental activity. Accordingly, the processes occurring in the human body that contribute to conscious-volitional behavior are significantly different from the processes occurring inside the AI. According to G. Yu. Eysenck, biological intelligence exists on the basis of arises on the basis of neurophysiological and biochemical factors
and is based on the functioning of the cerebral cortex [2, p. 120]. The human intellect is always under the influence of various social circumstances, which to varying degrees influence the decisions it makes. This is not a typical situation for AI.
Indeed, the development of children's intelligence is significantly influenced by a large number of biological and social factors related to the cognition of the world. Strong emotional experiences or mental suffering can have a significant impact on the intellectual activity of an adult [13, p.39]. Thus, it is possible that human intelligence is less resistant to external stimuli category. As for AI, such experiences are not peculiar to it, and, therefore, such criminal legal institutions that mitigate or eliminate criminal liability, such as limited sanity, legal capacity, affect, insanity, cannot be applied to it. Thus, the well-known anthropocentric models of legal regulation are not able to ensure the full participation of AI in public relations, which contributes to the strengthening of scientific research in this direction. An important quality of modern AI is that in many respects it surpasses the capabilities of humans, including speed and analysis of a large amount of data, which gives the machine advantages on aircraft stimulators. The AI in driving a car will always be aware of changes in legislation and will not make mistakes in driving due to fatigue or inattention.
Leading corporations invest huge amounts of capital in the development of AI, as investment plays an increasingly prominent role in the development of entire sectors of the economy [18, 137].
Currently, digital technologies are increasingly used in various fields of activity, and therefore issues related to AI are of interest not only for technical, but also for the humanities, and primarily for legal science. One of the main issues in the field of law in the field of AI is the problem of having AI rights and being responsible [10, p. 570]. At this stage of AI development, there are no questions about limiting its development as a global threat to humanity, however, the sooner the issues of legal regulation of AI are resolved, the better it will be. Already, scientists around the world are directing their efforts to develop a scientific understanding of the possible legal regulation of public relations with the participation of AI. It should be noted that the peculiarity of these relations is due to the presence of a nonstandard subject, which in a certain way can affect the legal norms themselves.
One of the primary tasks in the way of legal regulation of public relations with the use of AI is the detailed development of the conceptual apparatus related to AI and its use in public relations. In the domestic legislation, the concepts of "robot" and "robotics" are fixed [3].
In business, the concept of Artificial intelligence (AI) appeared in 1956 thanks to D. McCarthy, who used it at the first seminar organized on AI issues. The main questions raised by scientists were the possibility of using natural language when working with machines, the ability to perform AI functions by analogy with human intelligence, as well as the possibility of
self-learning. Thus, it can be stated that at the very beginning of developments in this area, the issues of self-learning were put forward in the first place.
In the scientific literature, efforts are being made to develop a single definition of this concept, but there is an opinion that such a general definition cannot be accepted at all.
According to R. Kurzweil, AI is a device that can perform operations for which a person must use the intellectual abilities of a person [11, p. 40]. D. V. Smolin understands AI as a system that can consciously change the parameters of its behavior from various external and internal factors [19, p.16]. In the works of A. A. Shchitova, AI is called a program that has the ability to self-identify and make independent decisions [14, p.98]. According to L. S. Bolotov's AI is a program that is characterized by the ability to simulate human intelligence, including thinking [5, p. 31].
Thus, AI is increasingly occupying all spheres of public life. In this regard, the attention of the scientific community to this wave is understandable. At the moment, there are a lot of options for defining the term studied in the article. Meanwhile, in our opinion, the option that can be recognized as a single normative definition by science has not yet been developed. At the same time, this issue is very relevant and requires a solution in the near future.
References
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ПОНЯТТЯ ФОРМ АДМ1ШСТРАТИВНО1 Д1ЯЛЬНОСТ1 ЩДРОЗД1Л1В ЮВЕНАЛЬНО1
ПРЕВЕНЦП ТА IX ВИДИ
Шсоцька К. О.
Викладач кафедри адмШстративного права, процесу та адмШстративно! дгяльностг Дтпропет-
ровського державного утверситету внутргшнгх справ,
Днтро, Украна
DETERMINATION OF THE CONCEPT THE FORMS OF ADMINISTRATIVE ACTIVITY OF
JUVENILE PREVENTION DIVISIONS OF NATIONAL POLICE OF UKRAINE AND THEIR
CLASSIFICATION
Pisotska К.
Lecturer at the Department of Administrative Law, Procedure and Administrative Activity of Dniprope-
trovsk State University of Internal Affairs, Dnipro, Ukraine
Анотащя
У статп розглянуто форми адмшстративно! даяльносп шдроздшв ювенально! превенци Нацюналь-но! полщп Укра!ни. На основi аналiзу наукових позицш вчених надано визначення поняття, охарактеризовано, а також вивецено класифжацш форм адмшютративно! дiяльностi шдроздшв ювенально! превенци.
Abstract
The article deals with the forms of administrative activity of juvenile prevention divisions of National police of Ukraine. On the basis of the analysis of scientific views of scientists offers the definition of the concept " the forms of administrative activity of juvenile prevention divisions of National police of Ukraine".
We derived own classification of forms of legal and administrative of activity of juvenile prevention divisions. Defined its characteristics and the specific application.
Ключов1 слова: адмшютративна дiяльнiсть, шдроздали ювенально! превенци, Нацюнальна полщя, захист, цитина, форма, юридична, оргашзацшна.
Keywords: Administrative activities, divisions of juvenile prevention, national police, protection, child, form, legal, organizational.
