Morhat P.M. —
A comparative legal study of the practice of considering legal disputes related to the use of artificial intelligence in the Anglo-Saxon legal system and Russia.
// Legal Studies. – 2024. – ¹ 8.
– P. 40 - 57.
DOI: 10.25136/2409-7136.2024.8.71576
URL: https://en.e-notabene.ru/lr/article_71576.html
Read the article
Abstract: The article examines the experience in regulating artificial intelligence technology through the prism of judicial practice in Russia and the United States. The emphasis is laid both on the current regulatory framework and on a detailed study of case law, taking into account the potential broad interpretation of current approaches to regulating AI in the absence of comprehensive regulatory legal acts covering extensive segments of public relations. The purpose of this study is to determine the differentiated approaches inherent in the Anglo-Saxon and domestic judicial systems when considering disputes involving the consequences of the use of AI. The objectives of the study include generalizing judicial practice, defining doctrinal approaches to the subsequent regulation of AI and developing tools for prospective comprehensive regulation of AI, taking into account the need to maintain a balance of interests of both users and developers of AI.
The research methodology includes systemic, structural-functional, hermeneutic and comparative legal methods. Conclusions are formulated on the need to develop a comprehensive regulation of AI technology, taking into account the current specifics of the consideration of legal disputes in Russia and the Anglo-Saxon legal system, common and different approaches to the consideration of disputes are noted, additional compensatory measures are proposed for the effective regulation of the use of AI technology. The need to identify a separate category of court cases related to AI technology to simplify the analysis and develop a unified practice for this block of disputes was noted. When analyzing domestic and foreign practice of considering disputes related to the use of artificial intelligence, the fundamental need to maintain the principle of balance between the interests of society and developers was noted, taking into account the risks that were identified during the analysis of Anglo-Saxon judicial practice and legal regulation.