Legitimization of Ethical Standards of Legal Regulation of Artificial Intelligence in the Practice of Russian Law-making and Law Enforcement Processes

Abstract

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.