Подходы к регулированию отношений в сфере разработки и применения технологий искусственного интеллекта: особенности и практическая применимость
Objective: to review the modern scientific approaches to regulating relations in the sphere of using the artificial intelligence technologies; to reveal the main features and limitations of using the risk-oriented and technological approaches in order to determine the directions of their further development.
Methods: the methodological basis of the research is a set of scientific cognition methods, including the general scientific dialectic method and the universal scientific methods (analysis and synthesis, comparison, summarization, structural-functional, and formal-logical methods).
Results: it was determined that the use of the risk-oriented approach implies building constructive models of risk management. A significant issue in using this approach is the bases of referring the artificial intelligence technologies to high-risk ones. When determining the risk level of using the artificial intelligence technologies, the following criteria should be applied: the type of artificial intelligence technology, its sphere of use, and the level of potential harm for the environment, health and other fundamental human rights.
In turn, the central issue of using the technological approach is the necessity and limits of regulation in the sphere of developing and using the artificial intelligence technologies. First, interference into this sphere must not create obstacles for developing technologies and innovations. Second, a natural reaction of a regulator towards newly emerging objects and subjects of turnover is the “imperfect law syndrome”. At the same time, a false idea about a lack of legal regulation may produce an opposite effect – duplication of legal norms. To solve the problem of duplicating legal requirements, it is necessary, first of all, to solve the issue of the need to regulate the artificial intelligence technologies or certain types of software applications.
Scientific novelty: a review was carried out of the main approaches to regulating relations in the sphere of developing and using the artificial intelligence technologies; the opportunities and limitations of their use are revealed; further directions of their development are proposed.
Practical significance: the main provisions and conclusions of the research can be used for determining the optimal approaches to regulating the sphere of digital technologies and for improving the legal regulation of the studied sphere of social relations.