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Легитимация этических стандартов правового регулирования искусственного интеллекта в практике отечественного правотворчества и правоприменения
Introduction: The article examines the mechanisms of legitimization of ethical standards established
in the acts of “soft law”, policy and policy documents, international recommendations in the legal
regulation of artificial intelligence (AI) in Russian law-making and law enforcement practice. The purpose
of the study is to identify the role and degree of influence of ethical standards on the legitimization of
legal norms in the field of AI in the Russian Federation.
Methodology and materials: In the course of the research, the author refers to the analysis of
the judicial practice of arbitration courts on the use of AI and an extensive set of regulatory material,
including foreign acts of “soft law”. The author uses both general scientific methods and private legal
methods: formal legal, used when referring to the texts of normative acts, acts of soft law and judicial
practice, identifying their meaning, interpreting them; as well as the comparative legal method used in
evaluating the sources of soft law under consideration, regulating human relations with AI.
Results and discussion: Specific examples show how the provisions of ethical codes and strategic
documents are reflected in judicial practice and what problems exist in this context in law-making. The
situations of axiological conflict and axiological coherence between the value of effectiveness expressed
by the legislator and ethical standards that presuppose the priority of human rights are analyzed.
Conclusions: The author comes to the conclusion about the existence of value pluralism in the
strategy of legitimizing the norms governing AI. In conclusion, it is emphasized that the compilation of
an axiologically consistent regulatory framework is necessary to the same extent as the development of
legal structures and original concepts of AI regulation.