International Experience of Legal Regulation of the Danger of Artificial Intelligence in the Realities of Wartime: the Ethical and Philosophical Aspect

Abstract

Abstract. It is argued that the study of the international experience of legal regulation of threats of artificial intelligence in cyberspace during wartime is an actual direction of scientific research that deserves an in-depth and systematic study. The purpose of the article is to reveal the ethical and philosophical aspect of the international experience of the legal regulation of artificial intelligence threats to military actions and to determine the strategic directions of state and legal policy regarding its implementation in the realities of wartime. To carry out the research, a system of methods of scientific knowledge was applied, namely: philosophical, general scientific (analysis and synthesis, induction and deduction, abstraction and concretization, analogy and contrast); private methods of scientific knowledge used in many branches of science (comparative, quantitative and qualitative analysis); special-legal (formal-legal, comparative-legal, systemic-structural).  The content of the article analyzes the international experience of legal regulation of the use of artificial intelligence technologies in conditions of global threats; the priority orientations of the domestic state and legal policy regarding the prevention of the risks of using artificial intelligence as tools of military danger are highlighted; perspective directions for improving the legal regulation of the use of digital technologies under martial law through the prism of integration processes are outlined. It was found that the implementation of the international experience of legal regulation of the danger of using artificial intelligence during war should take place in the context of European integration processes and be based on fundamental values and principles of the rule of law (equality of all before the law, respect for human rights, impartiality and justice), normative legal acts, standards and rules of the leading countries of the world, regardless of the challenges and restrictions associated with military circumstances. Attention is drawn to the fact that artificial intelligence is not capable of completely replacing military specialists, but its use will contribute to reducing the risks of danger to people's lives and health, optimizing the activities of military personnel for the sake of establishing peace and justice on the planet. It is substantiated that during the wartime in Ukraine, the question of increasing the effectiveness of the investigation of cybercrimes due to the use of artificial intelligence technologies arose acutely. The novelty of the research consists in determining the strategic directions of legal regulation of the danger of using artificial intelligence technologies during wartime on the basis of international experience and in accordance with European regulations, principles of international law, standards and recommendations of the leading countries of the world. The conclusions state that the legal regulation of the use of artificial intelligence in Ukraine should be carried out according to the European integration course chosen by the state in accordance with the standards and rules outlined in international legal documents. From these positions, the key areas of legal regulation of the threats of the use of modern digital technologies in conditions of martial law are defined. It is substantiated that among the priority directions for improving the legal regulation of the danger of artificial intelligence in the state and legal policy of Ukraine, the signing of relevant international agreements, the organization of joint events, joint campaigns, military exercises, cyber operations and cyber consultations with representatives of NATO member countries in the conditions of military conflicts are chosen. The practical significance lies in the fact that the application of international experience in the legal regulation of the danger of artificial intelligence is a factor in preventing threats and reducing risks when using modern digital technologies during war. Legal regulation of the risks of modern software should contribute to deterring war, reducing its lethality, saving people's lives, and protecting their rights and freedoms. Proposals for promising areas of scientific research on the problems of legal regulation of the use of artificial intelligence technologies in cyberspace as instruments of military threat to people's lives and peace are outlined.

Keywords: legal regulation; artificial intelligence; cyberspace; cybersecurity; cybercrime.