Журнал: Научный журнал «Студенческий форум» выпуск №25(248)

Рубрика: Юриспруденция

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Gorborova K.E. THE LEGAL FRAMEWORK FOR ARTIFICIAL INTELLIGENCE AND INFORMATION TECHNOLOGIES IN THE REPUBLIC OF BELARUS AND RUSSIAN FEDERATION // Студенческий форум: электрон. научн. журн. 2023. № 25(248). URL: https://nauchforum.ru/journal/stud/248/129665 (дата обращения: 02.03.2024).
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Gorborova Ksenia Evgenievna
Student, Vitebsk State University named after P.M. Masherova, Republic of Belarus, Vitebsk




Горборова Ксения Евгеньевна

студент, Витебский Государственный Университет имени П.М. Машерова, Республика Беларусь, г. Витебск


The world is relentlessly moving forward, so the emergence of new legal directions does not come as a surprise. As Thomas Jefferson, the third president of the United States, and one of the authors of the Declaration of Independence, said: “Laws must go hand in hand with the progress of the human soul”. Now, two centuries later, this quote is more relevant than ever. The rapid development of our civilization has given birth to such a thing as information technologies. The entire space around us is digitized: the media, payment for services, communication. Moreover, it is obvious that such changes in everyday life will undoubtedly lead to the formation of a new branch of law.

The purpose of this paper is to find out how IT law functions in the Republic of Belarus, which areas already exist and which are yet to emerge. To characterize the influence of Internet and artificial intelligence (AI) on legal reality of the modern world. Material and methods. Legal Internet-resources, devoted to the IT sphere, legal acts of the Republic of Belarus, as well as scientific works of our compatriots, were used as the material for writing the article. Methods: cybernetic, comparative legal, statistical. Digital law is one of the newest spheres of law regulating legal relations connected with IT. This sphere regulates relations in various directions: artificial intelligence, media law, protection of personal data, copyright law, etc. In addition, of course, like any other new area, information law has its own nuances and controversial issues. When we talk about information technology, first of all, there are questions of morality, traditional values, and so on and so forth. In today's world, there are still fierce opponents of digitalization. Some argue for the prohibition of digital documents, suggesting that this will open up new possibilities for the state to track citizens, some are simply unaccustomed to new ways of finding information and insist that paper sources are superior to digital ones: everyone has different reasons. Not surprisingly, as entirely new technologies emerge, society will be concerned about the further development of their use. And the government certainly understands this.

To regulate issues related to IT, on November 10, 2008. Republic of Belarus, the law "On Information, Informatization and Information Protection" was released. In Article 4, Chapter 1, it demonstrated the principles of legal regulation of information relations in our country, and in Article 6, it enshrined the right to information for state bodies, individuals and legal entities. The emergence of such a well-organized law was a real breakthrough for the law in Belarus, because now our legislation has the most real document regulating the entire informational reality. Admiring it, one cannot help but wonder: what about other countries? In the Russian Federation similar law was published two years before: on July 27, 2006 the Federal Law "On Information, Information Technologies and Information Security" formalized the main principles of legal regulation in the information sphere and described in detail the right of an individual to have access to information (Articles 3 and 8 respectively).

All right, we have considered basic, fundamental laws regulating information in legal relations. But what about their application in our everyday life? I think we have all used the automated information system of the single settlement and information space (AIS SSIS/АИС ЕРИП). This system was put into permanent operation back in 2008, and was created by the National Bank of the Republic of Belarus in order to simplify the acceptance of payments from both legal entities and individuals. Today, this structure is actively in use and really helps us in our everyday life.

Speaking about legal informatization, it is impossible not to mention the information and legal resources existing and functioning in our country. The main state information resource in the sphere of law of the Republic of Belarus is the National Legal Internet Portal "Pravo.by". Directly for people working in the field of economics and jurisprudence there is an information retrieval system (IRS) developed by the National Center of Legal Information - "ETALON-ONLINE". It is an advanced database and contains a variety of information: from codes to court decisions. Most importantly, the resource stores both current and invalid legislation, the latter marked with a special sign. I think it is also worth telling about the "Children's Legal Site". This project developed in order to help children and teenagers to obtain legal knowledge and to give answers to their questions in the legal sphere.

Copyright. No less important point in the current study. With the age of information technology, it is becoming more and more difficult to monitor the enforcement of intellectual property rights. In the Internet space, anyone can distribute any information, but, unfortunately, people rarely think about the legality of their actions. So, what belongs to the objects of copyright? According to Article 6 of Law of the Republic of Belarus of 17.05.2011 № 262-З "About copyright and related rights", copyright covers the following kinds of property: science works (we mean scientific researches, monographs, etc.), literature (poems, ballads, etc.), art (musical and artistic works). Speaking about protection of intellectual property rights, today in our country there is criminal liability for violation of such rights. According to Article 201 of the Criminal Code, violation of copyright, related rights and industrial property rights may be punishable by a fine, community service or correctional labor, as well as restriction of liberty for up to three years or imprisonment for up to two years.

Finally, I would like to talk about artificial intelligence (AI). In Belarus, this technology has not yet been widely used, as it is a relatively new development, so most people do not yet fully understand how to use it. However, many countries, including Russia, are already actively using artificial intelligence in various fields. Smart cameras installed in large cities, capable of identifying people in sight. This technology is helping to fight offenses and spend less time investigating crimes. We use smart text-checking systems to check documents. It would seem that this is the ideal, the indispensable assistant of a lawyer or any specialist. Of course, there are drawbacks everywhere. There is no doubt that today we are striving to create an artificial mind that will help us solve the problems of the day. However, what happens if the development of such a mind gets out of control? Today we are talking about the danger that comes from the relentless evolution of neural networks. A neural network is a type of machine learning in which the artificial mind works on the principle of the human brain, which opens up new avenues of development for it.

And yet, what significance might all of the above have for a lawyer? The first question the author asks himself is: Will there a time when we will have to create separate laws to protect the rights of AI? How soon might that happen? 100 years? 50? Or maybe even 10! It all depends on the speed of scientific and technological progress. Maybe in a few years, AI will not just become an assistant to a lawyer, but a real competitor, because electronic consultants, bots capable of arguing and stand on their position are already being created today. All of this can be a great danger to the existence of our profession.

To summarize. Digital space is the most important part of the modern world, penetrating all spheres of activity. We cannot ignore it, and even if we try, we are unlikely to succeed. A lawyer of the new generation must be able to navigate in the information environment, otherwise he risks falling behind the times and getting lost in all this ocean of information.


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