The constitutional basis of the legal regulation of entrepreneurial activity (study of the object of legal regulation of artificial intelligence)
( Pp. 51-58)

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Abramov Sergey G. PhD in Law, Associate Professor of the Department of Legal Regulation of Economic Operations
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Abstract:
At the present stage of development of technology, increasing use of computers in economic and political activities is provided by means of which it is possible to create a man-computer system by implanting processors into the human brain, artificial intelligence systems. Such experiments already take place in domestic and foreign engineering practice. This direction was investigated by R. Calo, M. Froomkin, I. Kerr, M. Eigen, P. Lin, K. Abney, G.A. Bekey. The aim of the study is to develop theoretical concepts, approaches, proposals for regulating the use of new social phenomena in economic and business activities. In the study of social relations, the following methods were used: formal legal method, methods of interpretation of law (functional, logical), legal modeling, legal forecast. Conclusions and results. With regard to the functioning of new phenomena, the possibility of using the existing law, as well as measures to regulate legal relations by public institutions of the state, is being considered. The article examines the development trends of law and the state in the new economic structure. For these purposes, the need to use new technological tools to identify mental processes in the brain of subjects in the implementation of economic acts in order to eliminate the defects of the content of legal relations is being investigated. Such a measure will reduce the number of litigations, will give stability to the legal system, attractiveness of the legal regime. It is revealed that mental processes, volition, as manifestations of brain activity, have an individuality that can be verified for each individual by means of a computer. In this regard, an assumption is made that law can regulate the manifestation of mental processes as acts of will in the implementation of economic acts of commodity exchange or in public activity (the regulation of implicit actions is replaced by the fixation of mental processes in the form of mental reasoning). The issues related to the experimental implantation of processors in the human brain, the possible consequences of such a procedure on an industrial scale in relation to law and the state. It is noted the need to develop norms related to the defect of will, limiting the capacity of such entities in the implementation of legal relations, transactions. It is hypothesized that changing social relations through the use of artificial intelligence systems, endowing them with legal personality does not make sense. In the program, the computer algorithm has no inherent human axiological values. It was concluded that the program of artificial intelligence (artificial anthropoid) will not be determined by the performance of the labor function in society. In the causes of the actions and in the ensuing consequences there will be no presence of a philosophical category, the process of "objectification". In view of this, there may be an imbalance in the economic basis when carrying out exchange operations (the category of the exchange value of the goods is eliminated). Sectoral legal problems are described when vesting robotic systems, artificial intelligence systems with legal capacity and capacity. It is revealed that the activity of "electronic persons", the activity on creation of algorithms and programs is not regulated by the norms of public law, there are no state bodies of state authority and management that would carry out certification or licensing. Suggested solutions to problems. The applied aspect of such work will be used in the field of state regulation of economic and business activities of economic entities. Further research may be related to the development of regulatory acts for banking activity and the financial market. The results obtained can be used in the lawmaking process in reforming civil and business law, as well as in the development of acts of state legal policy in the field of entrepreneurial activity. The application of the formulated proposals will allow the use of new technological tools in business relations in the national economy on the basis of legal regulation. The work is intended for specialists in private and public law, as well as professionals who carry out legislative activities in the field of legal regulation of entrepreneurial activity.
How to Cite:
Abramov S.G., (2019), THE CONSTITUTIONAL BASIS OF THE LEGAL REGULATION OF ENTREPRENEURIAL ACTIVITY (STUDY OF THE OBJECT OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE). Gaps in Russian Legislation, 2: 51-58.
Reference list:
Abramov S.G. K voprosu o tseli pravovogo regulirovaniya obshchestvennykh otnosheniy v svyazi s poyavleniem novykh sotsial nykh fenomenov (mezhdistsiplinarnoe issledovanie) // Sovremennaya nauka: aktual nye problemy teorii i praktiki. Seriya: Ekonomika i Pravo. 2018. № 5. S. 146-151.
Abramov S.G. O kontseptsii pravovogo regulirovaniya sfery intellektual noy sobstvennosti / Pravovoe regulirovanie biznesa v Internete: novye realii: sbornik materialov Vserossiyskoy nauchno-prakticheskoy konferentsii 20 marta 2018 g. / pod red. M.V. Korotkovoy. - M. : RUSAYNS, 2018. S. 9-15.
Gabuda S.P. ZHizn s tochki zreniya khimii // Nauka v Sibiri (elektronnyy resurs). 24 maya 2002. № 20 (2356). - Rezhim dostupa: http://www.nsc.ru/HBC/arti-cle.phtml nid 24 id 12 (poslednee poseshchenie - 8 iyulya 2018 g.).
Dubrovskiy D.I. Psikhicheskie yavleniya i mozg. - M.: Nauka, 1971. - 386 s.
Ivanitskiy G.R. XXI vek: chto takoe zhizn s tochki zreniya fiziki // UFN. 2010. T. 180. № 4. S. 337-369.
Korystov YU.N. ZHizn voznikla kak geneticheskiy kod // UFN. 2017. T. 187. № 2. S.235-240.
Marks K., Engel s F. Ekonomichesko-filosofskie rukopisi 1844 goda // Marks K., Engel s F. Soch.: v 50 t. T. 42. - M. : Politizdat, 1974. - 512 s.
Oparin A.I. ZHizn kak forma dvizheniya materii. - M.: Izdatel stvo AN SSSR, 1963. - 48 s.
Sarkisov S.A., Preobrazhenskaya N.S. Individual naya variabel nost strukturnykh osobennostey kory mozga cheloveka // ZHurnal vysshey nervnoy deyatel nosti. 1961. T. 11. Vyp. 5. S. 806-813.
SHredinger E. CHto takoe zhizn s tochki zreniya fizika / per. s angl. A.A. Malinovskogo. - M.: RIMIS, 2009. - 176 s.
Calo R., Froomkin M., Kerr I. Robot Law. - Cheltenham : Edward Elgar Publishing, 2016. - 424 p.
Cohen M.L. Researching Legal History in the Digital Age // 99 Law Library Journal 377 (2007). P. 376-393.
Eigen M. Steps towards Life: A Perspective on Evolution. - Oxford : Oxford University Press, 1996. - 192 p.
Jiang L., Stocco A., Losey D.M., Abernethy J.A., Prat C.S., Rao R.P.N. BrainNet: A Multi-Person Brain-to-Brain Interface for Direct Collaboration Between Brains. 2018. Sm.: arXiv.org; Cornell University Library lt;http://www. arxiv.org/abs/1809.08632 gt; (poslednee poseshchenie - 28 oktyabrya 2018 g.).