No. 5 (2024)

Articles

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  Selected legal aspects of the use of generative artificial intelligence This article presents the findings of a research conducted to identify and propose possible solutions to the problems of legal regulation of the use of generative artificial intelligence. The author has identified legal problems of the legality of machine learning of generative artificial intelligence on materials constituting protectable objects, and of the ownership of generated content from the standpoint of copyright. Some possible solutions lies in creating special funds by contributions from technology companies and from which remuneration will be paid both for machine learning on relevant materials and in the event of illegal generative use of protectable objects. Besides of that, it is necessary to consider providing the opportunity for subjects to exclude their copyright objects from the array of materials intended for machine learning, and also to recognize the generated content as public domain.

  M Andreeva

  10-15

    

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  Artificial intelligence and the carrier of artificial intelligence in the context of the development of high-technology law The article is devoted to the issues of establishing the legal status of artificial intelligence and its carriers, as well as the legal regulation of objects created using artificial intelligence technologies. As a result of the analysis, the author's interpretation of the concept of "artificial intelligence" is proposed, its role and place in the system of legal relations are determined, and recommendations regarding the legal regime of such objects are presented.

  E Gladkaya

  16-20

    

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  Legal regulation of artificial intelligence: international efforts and ethical aspects The article analyzes the efforts made by intergovernmental and nongovernmental organizations to legally regulate the development and use of artificial intelligence systems. It is concluded that all stakeholders should continue to work to create effective legal frameworks that will promote both the development of technology and the protection of human rights in the conditions of their use.

  T Goverdovskaya, M Imzalieva

  20-28

    

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  Entropy-synergy concept of classification of types of artificial intelligence in the neuro-digitaleconomy The article is devoted to the study of theoretical approaches to the classification of the main types of artificial intelligence. The concepts of "entropic and synergistic ecosystems of artificial intelligence" have been introduced into scientific circulation. The position on the necessity and importance of solving the problem of recognizing the legal personality of artificial intelligence and determining the measure of its responsibility is substantiated. For the first time, the author's methodological approach to the development of a modern concept of classification of types of artificial intelligence based on the entropy-synergy management principle is proposed and formulated.

  C Dyatlov

  28-31

    

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  Issues of methodology of legal regulation of artificial intelligence in the digital economy The article discusses the features of the legal regulation of artificial intelligence and artificial intelligence technologies in the digital economy. On the basis of a comparative analysis of Russian sources of law, real and promising methods of influencing law on public relations in this area have been identified. Special attention is paid to the content of artificial intelligence regulation techniques in the digital economy and the state of security of the digital economy. The conclusion is made about preventive measures that set limits to the freedom of artificial intelligence.

  A Jarikov

  32-36

    

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  Creation of large language models and their impact on the realization and protection of constitutionally guaranteed rights The lecture notes focus on the results of research examining the constitutional and legal aspects of large language model development in the context of the digital divide and linguistic discrimination. The study concludes that, in relation to the development of large language models, the digital divide arises due to the uneven digitalization of languages, resulting in limited access to natural language processing technology.

  I Ilin

  36-41

    

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  Artificial intelligence towards a new paradigm The transition of society to a new technological basis through the introduction of modern information and communication technologies can significantly transform the economy and social relations. However, the unique capabilities of advanced digital technologies such as artificial intelligence, big data, and cloud computing carry risks that can compromise conventional values. These new digital opportunities are of global importance and can significantly change public life. Therefore, special attention should be paid to issues of responsibility and security when using artificial intelligence technologies, as well as the protection of people's rights and interests, including their personal data.

  A Karckhiya

  42-45

    

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  Problems and prospects for the development of legislation on robotics and artificial intelligence The article analyses the problems and prospects for the development of legislation in the field of robotics and artificial intelligence, paying particular attention to the definition of the legal status of artificial intelligence, issues of responsibility for its actions. Approaches to international cooperation and standardization are considered, as well as the role of education in training specialists capable of dealing with the technological and legal aspects of this field. The study emphasizes the necessity for comprehensive legislation that considers the interdisciplinary nature of the field, and the importance of a systematic approach involving the interaction of experts from different fields, including law, engineering and the social sciences.

  D Kiyko

  46-48

    

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  State regulation of the production and distribution of military robots The article analyses the issues of state regulation of the creation and use of military robots and artificial intelligence for military purposes. It examines the legal, ethical and security issues associated with the use of autonomous systems. The author considers how existing gaps in regulation can lead to increased risks of conflict escalation and arms race.

  D Kiyko

  48-50

    

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  About the prospects of legal regulation applications of artificial intelligence The article problematic points of using this technology are identified, both in the field of the labor market and in the field of data privacy. The author identifies other significant factors in the use of artificial intelligence: the possibility of social isolation, lack of understanding of legal responsibility for decisions. The conclusion is made about the need to develop legal norms that determine the use of artificial intelligence in public systems.

  O Larina

  51-53

    

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  Law and legislation on artificial intelligence: theoretical and practical characteristics and directions of improvement Of course, the desire to use artificial intelligence in order to facilitate some processes and make them more efficient is normal. However, in addition to the positive results from the use of artificial intelligence, there are certain risks, the abuse of artificial intelligence can lead to problems. An important aspect is the need for comprehensive regulatory regulation of the use of artificial intelligence, which is currently practically absent, which is a significant gap in the law. We believe that in order to regulate artificial intelligence, it is necessary to adopt a general regulatory legal act - a federal law, the brief concept and possible structure of which is given in this article.

  D Novikov

  53-64

    

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  Current issues of legal regulation of virtual and augmented reality technologies The purpose is to examine the problems arising in the sphere of legal regulation of virtual and augmented reality technologies. The latest digital technologies can change our lives for the better, but an adequate assessment of the risks of their use is necessary, as well as the development of appropriate legal regulation. First of all, it should be aimed at solving issues of security, protection of personal data and other confidential information. It seems that at present a special sphere of legal regulation is emerging related to the implementation of various types of human rights in information and telecommunication networks, as well as virtual and augmented reality technologies.

  V Savina

  64-68

    

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  Comparison of approaches to the regulation of artificial intelligence (on the example of Russia, China, the European Union and the United States) The work is aimed at comparing the various methods of artificial intelligence regulation that are being formed in different countries and regions of the world. A comparative analysis of various approaches allows us to draw conclusions about the preference of using or not using certain legal structures in the Russian legal regulation in the field of artificial intelligence that is being created today.

  I Filipova

  68-72

    

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  Legal tech revolution: how artificial intelligence is changing the legal field The article is devoted to the Legal Tech revolution and its impact on the legal sphere. The purpose of the article is to analyze how artificial intelligence is changing the work of lawyers, what new opportunities and problems arise in this regard. The research methodology includes the analysis of scientific articles, reports and other sources of information on the topic of Legal Tech. As a result, of the work, the main trends in the development of Legal Tech, its prospects and consequences for le- gal practice will be revealed.

  V Shelmenkov

  72-77

    

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  Digitalization of humanitarian action in the human rights development system The use of digital technologies in the field of humanitarian assistance seems to be a significant contribution to the development of human rights. The aim of this work is to study international experience of digitalization of humanitarian activities with the identification of problematic aspects. Analysis of current information technologies, online platforms and applications used in this area confirms the effectiveness of modern achievements but at the same time there are some risks of violation in the field of security, privacy, health care, etc. It is possible to solve the identified problems only through international cooperation, open dialogue and discussion with the involvement of all participants of the humanitarian process.

  E Alekhina, S Nadtoka

  78-82

    

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  Classification of colonial societies by types of formed dependencies and issues of delegating subject rights to digital counterparts Due to the rapid development of artificial intelligence, the increasing dependence of people on artificial intelligence platforms, and the withdrawal of life into the virtual world, many technical and ethical problems are emerging, including the threat of new forms and types of colonialism. The authors show ways of “soft, painless” coercion and the formation of dependencies with the voluntary transfer of subjective rights of citizens, as well as methods and possible ways of prevention using existing legal mechanisms.

  K Belyakov, E Iriskina

  82-93

    

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  Criminal-legal protection of the human right to freedom of conscience and religion in the modern conditions of digitalization The relevance of the issue considered in the article is due to the depth of the pressing problem and the prospect of large-scale negative socially dangerous consequences that may result from a violation of the inviolability of the criminal-legal protection of the right to freedom of conscience and religion in the modern conditions of digitalization. The purpose of the study is to analyze the current state, existing prerequisites and consequences of committing acts provided for in Art. 148 of the Criminal Code of the Russian Federation, to study the effectiveness of criminal-legal and criminological measures to counteract crimes that violate human rights to freedom of conscience and religion in the modem conditions of digitalization. A vision has been formed of the need for a special approach not only in terms of criminal-legal prohibition, but also in ensuring the prevention of this type of crime.

  I Bunova

  94-99

    

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  Actualization of remedial regulation of constitutional right to posthumous creative existence in the context of digitalization Digitalization determines the creation of new forms and practices of human communication and entails changes in the constitutional rights of human and citizen. In this regard the purpose of this study is to formulate proposals for improving the mechanism of remedial regulation of constitutional right to posthumous creative existence in the context of digitalization and public relations associated with its implementation. Based on the analysis of positive law, materials of law enforcement and court practice, data from scientific sources, the need to introduce a civil-law subinstitution for the protection (defense) of the "avatar" and the human voice recreated with the help of artificial intelligence, establishing legal liability (administrative and criminal) for violating the requirements established by law in the field of processing biometric personal data, as well as for theft of someone else's property using deepfake technology.

  A Voronin

  99-110

    

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  Digital citizenship and people's sovereignty: problems of implementation The ideas of national sovereignty are widely represented in Russian science. They are analyzed from different perspectives and are the basis of modern Russian democratic society. The relationship between digital citizenship and popular sovereignty is extremely important, as digital technologies and the Internet have radically changed the way citizens participate in socio-political processes. The Internet has identified new opportunities for people to express their opinions and interact with other representatives of civil society, not only on the scale of one country, but also the world as a whole. The cross-border nature of modern legal relations in the field of national sovereignty raises the question of protecting the distortion of the will of the people in the digital environment, bridging the digital divide and forming a modern space protected in the digital environment no less reliably than in the real one.

  I Iksanov

  110-116

    

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  Digitalization of the justice system as part of the mechanism for the realization of the right to a lawful court for persons with disabilities The aim is to draw attention to the unequal position ot persons with disabilities in the exercise of their right to appeal to the court relative to other categories of the population. The article presents the relationship between the right to go to court and accessibility of justice in the context of such a category of the population as persons with disabilities. The article considers the digitalization of the justice system as a way to solve the problem and as an additional difficulty for people with disabilities in exercising their rights to appeal to the court.

  S Kurbatova

  116-120

    

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  Digital technologies and consumer rights in the Eurasian economic union The key problems of the process of forming consumer law of the Eurasian Economic Union and improving mechanisms for protecting consumer rights in the context of the digital transformation of economic processes are analyzed. The object of this study was the main mechanisms for protecting consumer rights enshrined in the legislation of the EAEU member states. The purpose of the study is to determine directions for further development of international integration cooperation of the EAEU member states to protect consumer rights in the context of digital transformation. The main attention is paid to the analysis of existing and developing mechanisms for ensuring and protecting consumer rights in the Eurasian Economic Union, as well as proposals for the further development of the EAEU policy in this area. It is shown that in order to increase the effectiveness of consumer rights protection in the single economic space of the EAEU, it is necessary to create international law of the Eurasian Economic Union in the field of consumer rights protection, providing for uniform mechanisms and rules for protecting the consumer interests of citizens. General proposals are presented that contribute to the development of EAEU policy in this area.

  L Osaulenko

  120-125

    

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  Legal aspects of voice protection Due to the emergence of new information and digital technologies, the legal nature of the human voice and the mechanism of its protection in the modern world is becoming increasingly relevant. Thus, it becomes necessary to identify the voice in the civil law system and identify legal gaps on this issue, as well as to increase the effectiveness of legal protection of the voice, it is proposed to recognize the voice as an intangible good.

  A Tverdysheva

  126-129

    

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  Protection of passive suffrage in the context of digitalization: the role of the courts of the Russian Federation The work defines the limits of the influence of the positions of the courts of the Russian Federation on legislative activity in the field of the electoral process, taking into account the introduction of digital technologies. The cases are presented, the procedure for resolving which is currently not regulated by electoral legislation, which determines the increasing burden on law enforcement agencies (in particular, the courts) in solving issues related to the protection of passive suffrage.

  T Frolova

  129-133

    

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  New trends in legal regulations of digital space and protection of human rights: foreign experience The author substantiates the impossibility of an adequate response to the challenges of digitalization at the national level in a timely manner - the taken measures led to restriction of fundamental human rights such as the right to freedom of speech and the right to freedom of expression, whilst demonstrating their low efficiency due to the absence of state borders in the digital space. To achieve the stated goal, the author conducts an analysis of the latest legislation and law enforcement practice in the relevant area by employing a set of general scientific and specific scientific methods. The obtained results identify the different and the common in approaches towards the legal regulation of the digital space in foreign law (China, USA, European Union, Great Britain, Brazil, Norway), and spot general trends in legislations changing in countries with different political regimes and forms of government.

  N Shumakova

  134-145

    

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  Features of legal regulation in the field of information security The rapid development of information technology in all sectors and spheres of life has led to a situation where legal regulation has not kept up with the latest technologies. At present, legal regulations in this area are highly fragmented and scattered, necessitating a rethinking of current legislation. This paper proposes to analyze the gaps in this field and formulate some proposals for the future development of this area drawing on an interdisciplinary approach.

  A Belyakova

  146-147

    

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