Principles of justice as legal barriers to limit the activities of artificial intelligence systems
https://doi.org/10.31429/20785836-15-4-90-101
Abstract
Modern social relations in which artificial intelligence systems are involved have a legal basis that has begun to form. Currently, documents regulating relations in the field of development and application of artificial intelligence systems establish tasks for creating conditions for the development of the foundations of the legal regime of these social relations and identifying legal barriers that impede this process.
Provisional measures for the development of legal relations in the field of artificial intelligence systems raise questions for science about the future of the administration of justice in the situation of its automation. Including its full automation – replacing the judge with a system of strong (or universal) artificial intelligence, comparable to human intelligence. That is, capable of analyzing the factual circumstances of the case, giving them a legal assessment and making an appropriate (adequate) decision.
The authors, based on existing approaches of domestic and foreign scientists, taking into account the conceptual ideas (principles) developed by international intergovernmental organizations to ensure the safe development and use of artificial intelligence, analyze the possibility, necessity and limits of introducing artificial intelligence technologies into the system of administration of Russian justice, establish key factors obstacles to this process, depending on the depth of implementation, its main risks are predicted.
The purpose of the study is to identify the ability of the principles of justice to influence the restriction of the activities of artificial intelligence systems in the context of the social purpose of justice. Setting this goal determined the solution of the following tasks:
- establish the influence of the social environment, and therefore the social conditionality of the introduction of artificial intelligence systems in the field of justice;
- taking into account world experience, conduct an analysis of existing approaches in modern science to the implementation of artificial intelligence systems in the field of justice;
- study international documents establishing the basic principles of admissibility, limits and safety of the use of artificial intelligence systems;
- consider the activities of artificial intelligence systems for the ability of this activity to comply with the content of the principles of justice and possible threats in the event of legitimation of this activity.
When performing the work, general, general scientific, special scientific and special research methods were used.
The conducted research allowed us to come to the following main result: the introduction of artificial intelligence technologies into the judicial system of states, including the judicial system of Russia, indicates the ability of the procedural norms already in force in the state to exercise regulatory legal influence on the implementation (administration) of justice with the help of artificial technologies intelligence and simultaneously act as a legal barrier that prevents the administration of justice by an artificial intelligence system.
The conclusions formulated are aimed at further development of theoretical proposals.
Keywords
About the Authors
L. G. TatyaninaRussian Federation
Larisa G. Tatyanina, Dr. of Sci. (Law), Professor, Head of the Department of Criminal Procedure and Law Enforcement Activities IPSUB
Universitetskaya str., 1, Izhevsk, Udmurtia, 426034
+7 (341) 291-60-07
T. V. Reshetneva
Russian Federation
Tatyana V. Reshetneva, Cand. of Sci. (Law), Associate Professor, Head of the Department of Theory and History of State and Law IPSUB
Universitetskaya str., 1, Izhevsk, Udmurtia, 426034
G. A. Reshetnikova
Russian Federation
Gulnara A. Reshetnikova, Cand. of Sci. (Law), Associate Professor, Associate Professor of the Department of Criminal Law and Criminology IPSUB
Universitetskaya str., 1, Izhevsk, Udmurtia, 426034
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Review
For citations:
Tatyanina L.G., Reshetneva T.V., Reshetnikova G.A. Principles of justice as legal barriers to limit the activities of artificial intelligence systems. Legal Bulletin of the Kuban State University. 2023;(4):90-101. (In Russ.) https://doi.org/10.31429/20785836-15-4-90-101