Affiliation:
1. Institute of State and Law of the Russian Academy of Sciences
Abstract
The subject. Artificial intelligence is considered as an interdisciplinary legal and psychological phenomenon. The special need to strengthen the psychological component in legal research of artificial intelligence and its introduction into the practice of law enforcement and justice, in particular, is substantiated.The maingoal of the study is to confirm or refute hypothesis that AI may be implemented in justice and to substantiate the legal limits of such implementation.The methodology.Based on the comparison of the current legislation, the practice of its application, and other empirical data, internal and external legal and psychological factors of legal regulation and the use of artificial intelligence in jurisprudence and judicial proceed- ings are identified.The main results,scope of application. The analysis of legal and doctrinal definitions of artificial intelligence in jurisprudence has shown that their defining and integral part is relationships that are the result of psychological practices and the subject of psychological science (internal factors). Legal studies of artificial intelligence are based on a psychological conceptual apparatus, all of them legally describe artificial intelligence, first of all, as a psychological phenomenon and build an analogy between the psychology of a living intelligent subject and an inanimate object, humanizing the latter. The federal legislator is also following the path of using the psychological conceptual apparatus. Such categories like human cognitive functions and intellectual activity are applied in Russian Federal Law "On conducting an experiment to establish special regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the subject of the Russian Federation - the federal city of Moscow and amending Articles 6 and 10 of the Federal Law "On Personal Data". The legal and psychological analysis of the practice of using elements of artificial intelligence in corporate governance, justice, labor relations, social insurance, electoral procedures has been subjected.The conclusionis substantiated that an indispensable condition for the introduction of arti- ficial intelligence and its elements into justice is trust on the part of the disputing parties and the court. Such trust is provided with a real possibility of verifying the actions and decisions made with artificial intelligence by psychologically acceptable and legally formalized methods (external factors). The use of artificial intelligence in law enforcement in general and justice in particular is possible in two directions: (1) solving problems related to the approximation of specialized artificial intelligence systems in legal proceedings to human capabilities and their integration to enhance intelligence; (2) creating artificial intelligence, which is the integration of already created elements of artificial intelligence into a single system capable of participating in justice, but does not have the properties of free will and does not acquire legal personality. Law enforcement using artificial intelligence should comply with the principles enshrined in the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment, the provisions of which should be implemented in domestic legislation, having previously been revised in accordance with the national legal tradition.
Publisher
Dostoevsky Omsk State University
Subject
General Earth and Planetary Sciences,General Environmental Science
Reference28 articles.
1. Vasiliev A.A., Pechatnova Yu.V. The position of artificial intelligence among the elements of the legal relationship. Tsifrovoe pravo = Digital Law Journal, 2020, no. 1 (4), pp. 74–83. DOI: 10.38044/2686-9136-2020-1-4-7483. (In Russ.).
2. Gabov A.V., Khavanova I.A. Evolution of robots and the 21st century law. Vestnik Tomskogo gosudarstvennogo universiteta = Tomsk State University Journal, 2018, no. 435, pp. 215–233. DOI: 10.17223/15617793/435/28. (In Russ.).
3. Glimeyda V.V. Prospects and problems of application artificial intelligence in domestic legal proceedings. Sovremennyi uchenyi = Modern Scientist, 2020, no. 6, pp. 320–327. (In Russ.).
4. Evstratov A.E., Guchenkov I.Yu. The limitations of artificial intelligence (legal problems). Pravoprimenenie = Law Enforcement Review, 2020, vol. 4, no. 2, pp. 13–19. DOI: 10.24147/2542-1514.2020.4(2).13-19. (In Russ.).
5. Neznamov Al., Neznamov An. Usins artificial intelligence at legal proceedings: first experiences and first conclusions. Rossiiskoe pravo: obrazovanie, praktika, nauka, 2020, no. 3, pp. 32–39. DOI: 10.34076/2410-2709-202032-39. (In Russ.).
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