Legal Regulation of Artificial Intelligence
( Pp. 78-86)

More about authors
Victoria V. Belozertseva Cand.Sci.(Law), Associate professor, Head of the civil law disciplines department, Russia
East Siberian Institute of the Ministry of Internal Affairs of Russia
Irkutsk,
Abstract:
Abstract: Artificial intelligence is perhaps one of the most discussed legal phenomena in legal science. The mechanism of legal regulation with its traditional tools does not fully ensure the ordering of social relations in the field of artificial intelligence. The article is devoted to the study of legal regulation of artificial intelligence as a subject of law and as an object of subjective rights. The analysis allowed us to draw a number of conclusions. Due to the anthropocentricity of law, legal regulation of artificial intelligence as a subject of law faces the following problems: it is extremely difficult to personify the will produced by artificial intelligence; the absence of boundaries of legal regulation, which in relation to a person are established by his rights and freedoms, ethical norms and rules; responsibility, the mechanism of which cannot affect artificial intelligence due to the lack of an emotional component. Legal regulation of artificial intelligence as an object of rights faces the problem that it has elements of autonomous will, which is not inherent in other objects. Norms regulating animals and computer programs are projected onto artificial intelligence. Legal regulation of artificial intelligence (as a subject or as an object) should be based on the principle of the priority of human rights, on ethical standards in the field of using artificial intelligence.
How to Cite:
Belozertseva V.V. Legal Regulation of Artificial Intelligence // Gaps in Russian Legislation. 2024. Vol. 17. №6. Pp. 078-086. (in Russ.). EDN: HFVJXR
Reference list:
Arkhipov V.V., Naumov V.B. On some issues of theoretical foundations for the development of legislation on robotics: aspects of will and legal objectivity // Law. 2017. No. 5. Pp. 160-172.
Afanasyev S.F. On the problem of substantive and procedural legal capacity of artificial intelligence // Bulletin of civil procedure. 2022. No. 3. Pp. 62-83.
Akhmetyanova Z.A., Akhmetyanov A.R. Artificial intelligence - an object or subject of law? // Jurist. 2024. No. 6. Pp. 25-33.
Vavilin E.V. Transformation of civil-legal and procedural relations using artificial intelligence: formation of new legal regimes // Bulletin of civil procedure. 2021. No. 6. Pp. 45-68.
Gabov A.V. Legal capacity: traditional category of law in the modern era // Bulletin of the Saratov State Law Academy. 2018. No. 2. Pp. 96-113.
Zyryanov I.A. On the issue of cyber liability of artificial intelligence // Constitutional and municipal law. 2023. No. 5. Pp. 33-42.
Ivliev G.P., Egorova M.A. Legal issues of the legal status of artificial intelligence and products created by artificial intelligence systems // Journal of Russian Law. 2022, Vol. 26. No. 6. Pp. 32-46.
Iksanov I.S., Muzalevskaya E.I. Citizenship of Artificial Intelligence // Jurist. 2023. No. 10. Pp. 55-65.
Kleandrov M.I. Non-legal economic entities: what are they? // Journal of Russian Law. 2023. No. 8. Pp. 15-31.
Kovler A.I. Anthropology of human rights in the digital age (experience of comparative analysis) // Journal of Russian Law. 2022. No. 12. Pp. 22-54.
Kushchenko A.A. Mechanism of legal regulation: concept, features and elements // State power and local self-government. 2024. No. 2. Pp. 45-51.
Novoselova L., Gabov A., Savelyev A. et al. Digital rights as a new object of civil law / Law. 2019. No. 5. Pp. 31-54.
Law of the digital environment: monograph / edited by T.P. Podshivalov, E.V. Titova, E.A. Gromova. - M: Prospect, 2022. 896 p.
Shpakovskaya V.V. Artificial intelligence in civil law // IP. Copyright and related rights. 2023. No. 4. Pp. 48-52.
Yastrebov O.A. Legal capacity of an electronic person: theoretical and methodological approaches // Works of the Institute of State and Law of the Russian Academy of Sciences. 2018. Vol. 13. No. 2. Pp. 38-55.
YAstrebov O.A. Pravosub ektnost elektronnogo litsa: teoretiko-metodologicheskie podkhody //Trudy Instituta gosudarstva i prava RAN. 2018. T. 13. № 2. S. 38-55.
Keywords:
artificial intelligence, subject of law, object of law, legal regulation, ethical standards, legal capacity..


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