Регулирование искусственного интеллекта в Европейском союзе, Соединенных Штатах, Китае и Южной Корее: между развитием инноваций и контролем

Вестник Санкт-Петербургского университета. Серия 14. Право. 2026. Т. 17. № 3. С. 796–816.

Vinogradov V., Kuznetsova D.

Recognizing the enormous potential of artificial intelligence (hereinafter referred to as AI), many countries are striving to develop these technologies and are competing for leadership in this field. However, the development of AI technologies also entails a number of risks that must be mitigated. For a long time, the main role in regulating AI was played by various voluntary commitments and codes of ethics adopted by AI system developers. However, it has now become clear that self-regulation is no longer sufficient and that legal frameworks need to be improved. The development of legislation in the field of AI regulation is proceeding differently — in some places, targeted amendments are being made to existing laws, whilst in others, separate, specialized regulations are being drafted. The European Union has adopted the AI Act, which has become a unique, comprehensive piece of legislation. The USA and China, which are leading the race for leadership in the field of AI, have not yet adopted a single comprehensive Act on AI. Such an Act has been adopted in South Korea, which, although it adopted its law after the EU, ensured its entry into force earlier than in the EU, thereby taking the lead. This article examines approaches to AI regulation in the EU, the USA, China and South Korea. The authors conclude that, despite the common ground in the search for an optimal model of legal regulation, countries are nevertheless pursuing their own paths, and there are not only similarities but also significant differences in their approaches. At the same time, whether a country is leading or playing catch-up in the AI race has a significant impact on the balance between innovation and the protection of rights.

Keywords: искусственный интеллект, защита прав человека, стимулирование инноваций, риск-ориентированный подход, Правовое регулирование цифровых технологий, модели правового регулирования, правовое регулирование искусственного интеллекта