PROBLEMS OF USING ARTIFICIAL INTELLIGENCE IN LAW ENFORCEMENT: LEGAL PERSONALITY, AUTONOMY, RELEVANCE
Description
The ar ticle is devoted to the consideration of problematic issues related to the use of artificial intelligence (AI) systems in law enforcement. The issues of endowing AI systems with legal personality, the possibility of their autonomous operation without human control, and the relevance of the responses produced by AI systems are discussed. The purpose of the article is to identify aspects that are not sufficiently covered in known publications and arise in the hypothetical autonomy of AI in the field of law enforcement, including such aspects as ensuring the liability of AI and the ability to process evaluative concepts of law. The relevance of the topic is explained by the intensification of the processes of developing AI systems for all areas of public life, as well as the recent adoption in Kazakhstan of the first law on artificial intelligence in the post-Soviet space, which inevitably calls for the adoption of an adequate Russian law. The article discusses the definition of AI, its division into different types, and the views of various authors on the legal nature of artificial intelligence. It notes that a valid obstacle to granting AI legal personality is its lack of selfinterest and will. The article highlights the risk of unthinkingly granting AI systems legal personality, which could lead to them wasting their computational resources on complaints about their violated «rights» related to unstable communication systems or the Internet. The article discusses the issue of ensuring the delictability of AI and notes that this issue is not primary or difficult to implement, as there are several technical measures that can significantly degrade the conditions of AI operation, even without reprogramming. The risk of dehumanization of law is discussed in the emergence of autonomous «electronic» judges. It is noted that the impossibility of producing judicial discretion by the AI system is noted, including for reasons of difficulties of machine processing of the evaluative concepts of law and informalized documents, the meaning of which requires their contextual disclosure. As a result of the study, it is concluded that in order to ensure a balance between maintaining a high level of humanistic content in law and simultaneously making effective use of modern digitalization capabilities, it is necessary to use AI systems without endowing them with legal personality or excessive autonomy, but rather as a human assistant, considering the integration of humans and AI into a single human-machine team to enhance the cognitive capabilities of the human judge.
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LB4-2025-Book 1_2601-2-182-108-120.pdf
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