LEGAL REGULATION OF THE USE OF ARTIFICIAL INTELLIGENCE IN UKRAINE: PROBLEMS AND PROSPECTS
DOI: https://doi.org/10.17721/2415-881x.2024.93.94-113
Abstract
The article examines current issues and prospects of legal regulation of artificial intelligence (AI) in Ukraine. The author analyses the key areas of AI implementation, including education, countering disinformation, legal practice, lawmaking and the electoral process. It is noted that legal regulation in this area should focus on defining the criteria for authorship in the use of AI; developing mechanisms for detecting and counteracting AI-generated fake news; establishing liability for the dissemination of disinformation using AI; regulating the use of AI for automatic fact-checking; and creating legal mechanisms for rapid response to the dissemination of disinformation.
The author identifies and analyses the main aspects of AI use that require legal regulation, in particular: liability for dissemination of AI-generated false information, mechanisms for rapid response to violations of human rights in the digital environment; peculiarities of proof in cases of protection of honour, dignity and business reputation when using AI technologies; regulation of AI use for monitoring reputation on the Internet; rules for using AI systems for analysis and assessment of reputational risks.
The article examines foreign experience of legal regulation of AI, namely, in the European Union, OECD, USA, Japan and China. The current state of Ukrainian legislation in the field of AI is considered and a comparative analysis with international experience of AI regulation is carried out. Particular attention is paid to the ethical aspects of AI use and their reflection in the legal field. On the basis of the study, the author formulates proposals for improving Ukraine’s regulatory framework in the field of AI. It is proposed to improve Ukrainian legislation with regard to the use of AI, in particular, the Laws of Ukraine «On Personal Data Protection», «On Education» and «On Higher Education», «On Information», and the Electoral Code, etc.
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