Artificial Intelligence and Effective Governance: Legal Framework
https://doi.org/10.17803/2713-0525.2022.2.20.309-328
Abstract
Artificial intelligence (AI) use in the state governance structures is obviously on the rise. Cognitive technologies have potential to transform the government sector — by reducing expenses, mundane chores, coping with resource limitations, making more accurate projections, and implementing AI into an array of organizational processes and systems. Methods. General research methods: analysis, synthesis, logical method were employed to study certain concepts and legal categories and their interrelations (artificial intelligence, artificial intelligence technologies, governance system, machine-readable law, digital state, automated decision-making, etc.) and develop insights into public relations amid proactive use of artificial intelligence systems and technologies in the governance system. Comparative legal research method was used to discern dynamics and further trends in legal relations, as well as to compare approaches of foreign countries to regulating AI systems and technologies. Prognostic method was applied to project the future of the Russian legislation as concerns building effective legal framework to regulate AI systems and technologies in the governance system. Technical legal (dogmatic) method helped develop legal foundation for the use of technologies and AI systems in the governance sphere. The analysis showed promising theoretical and practical avenues of modern law development in the aspect of artificial intelligence: the concept of artificial intelligence within the conceptual legal framework was described; legal regulation of administrative processes and its specifics were defined; ethics and principles of artificial intelligence application in governance were stressed, which involves restrictions of AI use in automated decision-making; stipulating the status of informed consent in the legislation in case an automated decision is made; the procedure which allows prohibiting the use of automated decision was established, as well as the procedure of AI risk assessment in the governance system, ensuring proper data protection and independent security monitoring.
About the Authors
I. M. RassolovRussian Federation
Ilya M. Rassolov - Dr. Sci. (Law), Head of the Department of Education and Information Law, Law School, Institute of Law and Management, Moscow City University.
4 2y-Selskokhozyaystvennyy proezd, Moscow 129226.
S. G. Chubukova
Russian Federation
Svetlana G. Chubukova - Cand. Sci. (Law), Associate Professor, Department of Information Law and Digital Technologies, Kutafin Moscow State Law University (MSAL).
9 Sadovaya-Kudrinskaya ulitsa, Moscow 125993.
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Review
For citations:
Rassolov I.M., Chubukova S.G. Artificial Intelligence and Effective Governance: Legal Framework. Kutafin Law Review. 2022;9(2):309-328. https://doi.org/10.17803/2713-0525.2022.2.20.309-328