ARTIFICIAL INTELLIGENCE AND HUMAN RIGHTS: PROBLEMS OF DIGITALIZATION OF LAW AT THE CURRENT STAGE OF DEVELOPMENT OF THE ELECTRONIC STATE

Abstract

The article examines the problems of digitalization of law at the current stage of the development of the electronic state through the prism of the relationship between artificial intelligence and human rights. It is noted that the modern Ukrainian society is informational, since the quantity, quality and degree of use of information become factors that determine the level of development of the state and significantly affect its status in the world community. It was emphasized that digital technologies are being actively implemented in all areas of domestic law. The central place in the system of digital technologies is occupied by the AI system. Artificial intelligence has become the focus of the collective consciousness of humanity in 2023, as indicated by various indicators. Active development of this system is one of the main tasks of the modern Ukrainian state. In accordance with the provisions of the new strategy of the electronic state, IT technologies should be implemented in the economic, economic and social spheres, which make it possible to automate the simplest and repetitive operations. The above indicates that the development and implementation of AI systems at the state level is recognized as a strategic task. One of the main areas of legal regulation is civil law itself. To date, the institute of digital rights and digital objects has already been regulated by law. Thus, on March 2, 2024, the Law of Ukraine "On Digital Content and Digital Services" entered into force, which regulates the relationship between the performer and the consumer regarding the provision of digital content and/or digital services. Digital technologies also permeate the field of labor law, primarily as regards the regulation of the remote work format. At the current stage of the development of the electronic state, many employers saw the vulnerability of the human factor in labor relations, which inevitably affected labor productivity, and decided to minimize the production risks associated with the human factor in this way. Today, artificial intelligence systems are also actively used in consumer, financial and other spheres. AI systems can provide citizens with various information, can carry out the simplest operations in the financial sphere, maintain a dialogue with citizens, etc. The al system is also used in the medical field. Thus, it is envisaged to take measures aimed at improving the quality and length of life of Ukrainian citizens, in particular: creation with the help of AI of a national system of counseling of residents of Ukraine based on the analysis of clinical, genetic and behavioral data by artificial intelligence; implementation of AI technologies in the creation of progressive systems of timely round-the-clock medical diagnostics, etc. It concluded that AI technologies can lead to various types of harm, such as software failures, security breaches, data abuse, and algorithmic bias. This can have serious consequences for individuals and society, as they can lead to physical damage to people, animals or property, incorrect medical diagnosis and treatment, traffic accidents, financial losses, etc. Establishing liability for such damages can be a challenge due to the complexity of establishing the subject of responsibility and the often opaqueness of artificial intelligence systems. Such an active implementation of the AI system necessitates its detailed legal regulation, in particular in the field of bringing AI to legal responsibility. And above all, it is necessary to define clear principles of responsibility and compensation for damage caused by AI, in particular, the separation of responsibilities between developers, owners, users and other parties involved in the implementation and operation of AI technologies.