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30REFERENCES:
1. Alexandre C.Dimian, Costin Sorin Bildea, Anton A.Kiss. Acetic Acid. Applications in Design and Simulation of Sustainable Chemical Processes, 2019, Pages 483-519
2. Billy B.Bardin, Robert J.Davis. Characterization of copper and vanadium containing heteropolyacid catalysts for oxidative dehydrogenation of propane.
Applied Catalysis A: General, 1999, Volume 185, Issue 2, Pages 283-292
3. Tiina Laitinen, Satu Ojala, Renaud Cousin, Niina Koivikko, Christophe Poupin, Zouhair El Assal, Atte Aho, Riitta L.Keiski. Activity, selectivity, and stability of vanadium catalysts in formaldehyde production from emissions of volatile organic compounds. Journal of Industrial and Engineering Chemistry, 2020, Volume 83, Pages 375-386
LAW AS A MEANS OF ENSURING PUBLIC SAFETY IN THE CONTEXT OF THE INTRODUCTION
OF ARTIFICIAL INTELLIGENCE
Stepanov O.
Doctor of Law, Professor, The Institute of legislation and comparative law under the government of the Russian Federation, Department of criminal, criminal procedural law and judicial
System
Abstract
The article deals with the problem of the relationship between law and security in the context of the introduction of artificial intelligence systems in society.
Keywords: law, security, criminal law, artificial intelligence.
INTRODUCTION
Law and security are one of the most important and complex social phenomena in modern society. And if law, to a large extent, is associated with justice and normative establishments, then safety - with ensuring the functional qualities of both organized systems and a person, associated with preserving their structure and maintaining the necessary (required) mode of life [1].
For the theory and practice of ensuring security in the context of the introduction of artificial intelligence systems into the life society, it is important that the means by which legal requirements are translated into specific behavior at the personal, group and social levels are sufficiently clear. This is especially important in conditions when "digital entities" become the object of legal impact [2]. So, on May 31, 2016, the European Parliament presented a project according to which robots can be assigned the status of «electronic persons» who will be endowed with rights and obligations, and the owners will be required to pay tax contributions for the robots. It is also proposed to create a register of intelligent autonomous robots, each of which will be assigned funds to cover its legal obligations. Along with this, in January 2017, a report was prepared in one of the EU committees, which provides for the granting of legal status to robots. MEPs passed a resolution urging Brussels to take action on robotics as the role of robots in everyday life becomes more and more important. In April 2018, the European Commission published Artificial Intelligence for Europe, which outlined the EU's approach to harnessing the power of AI and meeting the challenges it faces.
The Declaration of the Committee of Ministers of the Council of Europe on risks in decision-making with a computer or artificial intelligence in the field of the social protection system, adopted on March 17, 2021, raises the issue of human rights violations when using
artificial intelligence in decision-making processes, and calls for ensure that when using AI algorithms, fairness and ethical requirements for all people are met - "technologies may include a "code" used in decision-making, which, depending on its characteristics or teaching methods, may mistakenly deprive people of rights and benefits, thus by the most encroaching on their social rights" [3].
In the Declaration, the Committee of Ministers draws special attention of the EU member states to the following problems:
- possible risks to human rights, including social rights, which may arise as a result of government decision-making using a computer or artificial intelligence;
- the need to ensure the development and implementation of decision-making systems using computers or artificial intelligence in accordance with the principles of legal certainty, legality, data quality, exclusion of discrimination and opacity;
- the need for human supervision over decisions made with the help of a computer or artificial intelligence in order to mitigate and prevent violations of the social rights of people;
- the need for effective measures to protect people from irreparable harm, including poverty, extreme poverty or homelessness, as a result of the implementation of artificial intelligence solutions in the field of social services;
- the need for responsibility and accountability of artificial intelligence entities involved in the design, development, deployment or evaluation of artificial intelligence systems;
- a proactive approach to ensure that those people who are affected by the decisions of artificial intelligence can defend their social rights.
This provision acquires particular relevance when it comes to complicating the tasks of ensuring the safety
of processes associated with the use of artificial intelligence systems.
Currently, the domestic criminal law does not contain any special rules on artificial intelligence [4]. At the same time, the application of legal norms, on the one hand, is necessary to establish the framework (limits) of possible behavior of subjects of law, and on the other hand, to provide them with greater freedom of behavior, which is designed to stimulate the use of permitted procedures and actions. Consequently, the implementation of the idea of security may well boil down to ensuring the maximum possible measure of human freedom while protecting the most important parameters of his environment. At the same time, the use of legal regulators in this case will allow the state to exclude arbitrariness in the implementation of coercion, which is an indicator of state sovereignty.
FUNDAMENTAL LEGAL PRINCIPLES OF ENSURING THE SECURITY
The nature of the problems that society will have to face in the personal, group, social aspects in the context of the development of artificial intelligence suggests the need to take appropriate measures, first of all, to localize negative phenomena of a criminal and social nature. For example, a database of 21 million users of free VPN applications for Android is currently being sold on shadow forums, which dates back to February 24, 2021 and contains email addresses, passwords, and their phone numbers, as well as email addresses, account logins payment information. At the same time, it is noted that VPN applications allow clients to spoof their real IP address in order to visit web resources blocked in their country and partially hide data about their own devices.
One cannot but draw attention to the fact that Internet fraudsters began to use personal data of individuals, which are collected by special bots on servers such as the Eye of God, Archangel, Smart in the Telegram messenger for blackmail.
On March 3, 2021, at the collegium of the Ministry of Internal Affairs of Russia, it was noted that the increase in grave crimes in 2020 occurred mainly due to an increase in encroachments using IT technologies, the number of which has increased more than tenfold over the past six years. At the same time, in the first quarter of this year, according to the estimates of the Ministry of Internal Affairs of Russia, 33.7% more crimes were committed in the IT sphere than a year ago, including using the Internet - by 51.6%, using mobile communications - by 31.
Based on this, it is more and more obvious that it is necessary to rethink the role of criminal law in connection with the use of robotic systems to achieve illegal goals.
Legal regulation, being, on the one hand, the result of a purposeful influence of the state on the development of social relations, and on the other, a factor of their stability, a means of achieving socially significant parameters while providing feedback between the results of regulation and the activities of the state, is intended to organically combine all legal phenomena associated with the functioning of the system «Personal-ity-right» and at the same time determine their role in
this system. The functioning of the elements of this system should be organically linked with the emergence of new threats associated with the introduction of artificial intelligence systems into social processes.
In this case, one should proceed from the fact that a person should be able to plan (model) his future, taking into account the impact of the state on social and interpersonal relations, and the action of the law is designed to "outline" the boundaries of people's behavior in society, linking them with state and mutual responsibility [5].
The need for a criminal law norm, as a measure of proper behavior recognized by the state, due to the possibility of state coercion, arises when realizing the need for a legal regulation, and, consequently, for ensuring the social security of certain social relations, which are increasingly associated with the use of robotic systems. Therefore, such a norm, recognized by the state as a measure of human freedom (a standard of individual behavior in society), is in demand not only in terms of legal regulation, but also in ensuring the safety of specific social relations. In the context of the introduction of artificial intelligence into the life of society, criminal law should be considered as an effective means of implementing state policy in the system of relations between man and artificial intelligence. At the same time, it is important to understand that criminal law is designed to preserve the structurally functional stability of society by ensuring its security.
The nature of the problems of localizing negative phenomena that threaten the security of society is determined by the ability of the state to take appropriate measures in a timely manner related to the possibility of restricting freedom, both of an individual and of a group of people responsible for creating social tension that can generate social conflict in society [6]. In this regard, the key importance should be given to the moral component of the life of the individual - in society it is necessary to form new moral positions, through the use of criminal law norms that determine the ratio of the measure of rights and measures of human responsibility, ensuring the provision of the boundaries of freedom and lack of freedom in the actions of the individual in the sphere of with artificial intelligence. Taking this circumstance into account implies the creation of a regulation of human behavior associated with the development of artificial intelligence. At the same time, the most problematic in the further development of artificial intelligence is that digital technology will merge with biological processes, and not with communications and mechanical engineering. In this case, in the foreseeable future, smart machines will be able to reproduce their own kind and create artificial implants on their own. And most importantly, if the development of the situation gets out of the control of a person, there is no guarantee that the program «do not kill a person» previously embedded in the electronic system will pass to another generation of smart machines, made by the machines themselves.
One of the main goals, which should be considered, is associated with the introduction of new behavioral standards into the consciousness of the individual, enshrined, incl. norms of criminal law and supported by
the organization of special state control. And further progress of individual freedom as a form of achieving the goals of legal regulation of the safe development of society may well be associated with the use of legal prohibitions and the threat of the use of sanctions that induce a person to behave accordingly.
Since it is the consciousness of a person, reflecting his being, that tunes the person to a certain behavior in society, and then when developing value-legal guidelines for legal regulation, it is important to proceed from the person's awareness of parameters critical for the development of society, the transition through which can lead to negative and possibly irreversible processes character. Such parameters are ultimately designed to determine the boundaries of freedom in human behavior.
Legal regulations have their own specific object, which is a person. His behavior is conditioned by the ability to choose certain programs of action and in accordance with his abilities to use them. In this regard, the norms of criminal law may well be considered as a means designed to prevent processes that are socially dangerous for the development of society.
ARTIFICIAL INTELLIGENCE AND CRIMINAL JUSTICE
This topic is one of the most difficult areas of legal research due to the rapid development of artificial intelligence systems. In April 2018, the European Commission published a post titled «Artificial Intelligence for Europe», which was followed by the creation of an Artificial Intelligence Expert Group (AI HLEG) in June 2018. On April 8, 2019, the commission prepared a report on «Building confidence in human-centered artificial intelligence». In September 2019, the Committee of Ministers of the Council of Europe established a special committee on artificial intelligence. At the same time, one cannot fail to say about the development at the end 2018 by the Council of Europe European Commission for the Effectiveness of Justice (CEPEJ) «European Charter of Ethics on the Use of Artificial Intelligence in the Judiciary and the Environment their realities» [7].
In addition, the Council of Europe has established a working group composed of experts on artificial intelligence and criminal law to explore the possibility of adopting a document setting standards for the regulation of artificial intelligence systems in the form of a convention, since artificial intelligence systems can be instrumental in committing acts that may be criminal-
ized in the near future. They intend to discuss this problem at the 21st Congress of the International Association of Criminal Law, which will be held in 2024.
CONCLUSION
The criminal law norm is capable of exerting a psychological effect on a person. Therefore, the legal effect should ultimately be sought in the very behavior of the individual, and not in the ways and forms by which it is achieved. Having regard to the Resolution of the European Parliament of 16 February 2017/ 2015/2013 (INL) P8_TA-PROV (2017) 0051, which includes the text of the Charter of Robotics, it can be concluded that the achievement of the goals of legal regulation in the field of security in the context of the introduction of artificial intelligence into public practice, it is permissible to associate it with the implementation of the principle of bounded rationality, i.e. selection of a satisfactory, rather than optimal, effective component of legal regulation. This suggests that law as a whole should be considered as a means designed to ensure a dynamic balance between the interests of the individual and the state in the process of introducing artificial intelligence into the life of society.
REFERENCES:
1. STEPANOV O.A., TYURINA E.N. Security as an object of legal relations in modern society // Modern law. 2011.No. 10.S.13-15.
2. KHABRIEVA T.Ya., Chernogor N.N. Law in digital reality // Journal of Russian Law. 2018. No. 1. S.85-102.
3. EU intends to protect people from artificial intelligence. — URL: https://news.rambler.ru/inter-net/46033680/?utm_content=news_media&utm_me-dium=read_more&utm_source=copylink
4. STEPANOV O.A. Security law: problems of development of information and electronic systems: monograph. M., Academy of the Ministry of Internal Affairs of Russia, 2007, p. 34.
5. OLEG STEPANOV, DENIS PECHEGIN. Legal View On The Introduction Of New Technologies // "Russian Law Journal. 2018. Vol. 6. No. 3. Pp. 149171.
6. KHABRIEVA, TALIA. Law Facing the Challenges of Digital Reality // Journal of Russian Law. № 9. 2018. Pp. 5 - 16.
7. Floridi L. et al. 'AI4People-An Ethical Framework for a Good AI Society: Opportunities, Risks, Principles, and Recommendations' (2018) 28 Minds and Machines 689.
