Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Research Article: 2021 Vol: 24 Issue: 4

The Legal Status of the Designation of Artificial Intelligence in a System of Modern Law

Rauan Zhaltyrbayeva, International Kazakh Turkish University after H.A. Yessevi,

Yernar S. Shalkharov, M.Auezov South Kazakhstan State University,

Kairat T. Bitemirov, M.Auezov South Kazakhstan State University,

Bakitgul S. Ismailova, Aktobe Regional State University after K.Zhubanov

Aigul K. Kurmanova, Aktobe Regional State University after K.Zhubanov

Aigul E. Paridinova, International Kazakh Turkish University after H.A.Yessevi,

Khujayev S. Akmaljon, Ugli Tashkent State Legal University

Nurul Mohammad Zayed, Daffodil International University

Abstract

To date, the sphere of IT technologies is a fairly developed sector of society. Computers cope in almost all sectors of the life of every citizen, starting with labor relations and ending with relationships in everyday life. Day after day, the operational systems of IT technologies are being upgraded to make them faster and more adaptable. Ten years ago, the idea of operating supercomputers was something beyond fiction. However, today it is a completely existing reality. Most of the operations performed by humans are already performed by android computers.

Keywords

IT Technologies, Computers, Operational Systems, Supercomputers, Android Computers, Labor Relations.

Introduction

Specification of the Problem

Today, almost the whole world consists of certain digital algorithms that perform the functions of humanity in all sectors of business, finance, politics, management, communication and other industries. Even trading in almost 90% of cases is done through digital technology (Imanbekova, 2014). However, what problems this sector may have should be considered in greater depth in this article (Kozhambekov et al., 2019).

The Problem of Considering the level of Responsibility for System Failures

Today, most trade transactions are carried out with a cash register, which gives the buyer a receipt for the transaction, as evidence of such a transaction between the parties to the legal relationship (Batyrbaev et al., 2017). There are cases when, for example, the cash register does not issue, or issues a receipt with a certain error, the commission of which is the responsibility of the seller, who is obliged to check the operability of the device when making such a transaction (Nartay et al., 2019).

System Crash as an Artificial Intelligence Solution

Having considered and allowing the computer system to crash without the guilt of the programmer that configured it, you can refer to several reasons, consisting essentially of the technical parameters of computers (Ordaeva et al., 2019). However, it should be taken into account and the other part in accordance with which it is possible whether a technical computer error can be perceived as the decision of the computer not to perform this or that operation (Shalkharov et al., 2019).

Is it Possible to Attribute Failures to the Will?

So, having considered the possibility of considering a failure as a solution, whether it is possible to attribute such a decision to the system of will (Shalkharov et al., 2016). By its nature, perceiving a certain kind of command, the computer responds according to the parameters of its settings, where a clear sequence of actions is shown that react to a particular command (Shalkharov et al., 2016).

The Importance of the Problem

The importance of this issue has a high priority given the systematic blurring of the faces of fiction and real life. For example, exactly twenty years ago, the movie “Terminator” was something impossible beyond fiction in which people did not believe and did not perceive (Russ et al., 2017). However, today a large number of robots can already be seen on the shelves of some boutiques that operate in the range of wireless networks.

At the Level of Classification of the Status of Artificial Intelligence

By classifying artificial intelligence from the standpoint of a standard computer, it is possible to designate its real characteristics, which are proprietary in nature and can be recognized as property. The present can be classified as a property and given the fact that the supercomputer may have its own opinion (Montes & Goertzel, 2019).

The Level of Rights and Duties of Artificial Intelligence

Having determined the classification status of artificial intelligence, which directly depends on the level of functioning of such in human society, it is necessary to designate the scope of rights and obligations in accordance with the second and third hypotheses, in which in one of them artificial intelligence represents a danger to humanity, and in accordance with another is perfect symbiosis with humanity (Kallianos et al., 2019).

The Level of Human Interaction

The presence of emotions on supercomputers based on the development of a chemical reaction in the processor data of an operating system of supercomputers can also suggest the level of interrelationships of artificial intelligence elements with a person, at which in a certain period of time artificial intelligence can refuse to serve humanity and, in some situations, declare itself as new as functioning in the algorithm of the operating ecosystem of the planet (Wall, 2018).

The Relationship of Work with Previous Studies

In the process of studying this topic, it is necessary to specifically mention two-three trajectories: the futuristic theory and the realistic theory (Allam & Dhunny, 2019).

Literature Review

Theoretically and practically, the present study can make a huge contribution to the development of interdisciplinary research of digital technologies and modern jurisprudence, where the main emphasis can be placed on the development of communication technologies in the age of digitalization (Wong et al., 2019).

Theoretical Influence

The theoretical significance of this research involves not only the enrichment of fundamental knowledge in the field of legal research in the field of civil law, criminal law, but also the degree of development of the interdisciplinary approach of internally legal areas (Jalal et al., 2019).

Practical Influence

Practical significance will allow identifying the official status of artificial intelligence from the position of its functioning in the human environment (Londhe & Bhasin, 2019).

Comprehensive Influence

Considering the complex influence of theoretical and practical significance, one can designate the interrelation of theory and practice, where, in order to create one specific legal mechanism, this should be checked several times using empirical data (Bitemirov et al., 2019). Another aspect is the creation of a whole course of theories of artificial intelligence, which would be trained by a staff of operational staff who were directly involved in monitoring and controlling it in general (Bitemirov et al., 2019). Such an approach can represent not only an interdisciplinary level, but also an intersectional level in which a theoretical research section would be clearly linked to a practical result (Kairat et al., 2018).

Research Methodology

The methodology of research on the identification of the official legal status of artificial intelligence in the system of modern legal science, taking into account the alternative to the emergence of such components as artificial intelligence as decision, will and desire from the standpoint of modern jurisprudence, ethical and moral norms, involves not only legal methods expressed in deduction, induction, abstraction, but other techniques related to the interdisciplinary approach, which involve regression, inverse correlation, and some s copyright methods developed by the authors themselves.

The Main Description of the Techniques

The materials and data of this article were analyzed using a number of techniques that help identify interdisciplinary research to achieve the goal of this article.

Legal Methods

As legal methods, deduction, induction and abstraction were used as a basis, which help to analyze the theoretical material and the interconnectedness of previous research in this field among themselves and in relation to this article.

Deduction

The systematic transition from the larger to the lesser allows analyzing a certain hierarchy of legal acts starting from the constitution, continuing with codes and laws, as well as narrowing to the orders of the executive bodies in this field.

Induction

Induction allows you to undergo a specific periodical from the smallest to the greatest. In this analysis, having examined one work, many other studies can be derived from it.

Abstraction

This method involves detailed and selective manipulations of legal acts regarding the status of theories of artificial intelligence in the system of modern legal science, taking into account the alternative to the emergence of artificial components of such components as decision, will and desire in the system of modern Kazakhstan legislation.

Statistical Analyzes

The definition of the official legal status of artificial intelligence in the system of modern legal science, taking into account the alternative to the emergence of such components as artificial intelligence as a decision, will and desire, involves a number of statistical studies regarding the public opinion regarding threats from artificial intelligence.

Sample

As a sample, you can designate a random sample, in which an equal population from individual territorial units of the state participates.

Base Encoding

The encoding is supposed to be planned in a dichotomous form with two answer choices that are separated as 0-no and 1-yes.

Hypotheses

Assuming certain results in the legal direction, hypotheses were proposed that allow analyzing and predicting the outcome.

Primary Hypothesis

The primary hypothesis suggests that, as long as the elements of artificial intelligence are not able to function independently in human society, they remain in the category of property, to which the real rights of their owners apply.

Secondary Hypothesis

The secondary hypothesis suggests that, in cases where the adaptive power of artificial intelligence gives rise to the ability to function along with human society and even in some cases outrun human society, such a situation will create a danger to humanity as a whole.

Tertiary Hypothesis

The tertiary hypothesis suggests that, in the case when the functioning of the operational system of artificial intelligence is dependent on human intelligence, this can be called a symbiosis that is safe for humans.

The Relationship of Hypotheses with the Design of the Study

When conducting research data for each part of the research a separate type of research design was selected. When reviewing statistical data of a cross-sectional design with elements of cohort studies with randomized sampling and dichotomous coding turned out to be the most acceptable due to the large number of confounder factors, which turned out to be perfectly correlated in linear progression with standardized indicators of general public awareness regarding the degree of coordination with the element’s artificial intelligence (Zhang, 2019).

The results are achieved with the help of a certain manipulation with a base of 5,000 respondents and are processed using the software SPSS, R-STAT. After the results are systematized using a specific encoding.

Results & Discussion

By giving rise to controversial points about the dependence of a person on artificial intelligence and supercomputers in general, one can recall a number of controversial situations when a person’s opinion was not the same as the computational function of a supercomputer. One of such precedents can be attributed to a controversial moment that occurred to South Korea, where android Miki simply simply refused to give out medicine to citizen Hwang Inu, which suddenly became ill. Finding a nearby pharmacy, he turned to the saleswoman, who was android Miki. Barely breathing, he asked for the drug. However, the android refused to sell the requested medicine due to the delay of this medicine for one day. Soon the citizen sued the pharmacy, where he won the process, although the owner of the android, Miki, was completely sure that his ward was right, arguing that it was forbidden to sell leaked drugs in accordance with the law. In this case, Miki’s computational response worked on a regulatory ban, which for her was in a higher priority state. Although the process was referred to as remaining in danger. That is, in this case, the present depends on the imagination of programmers. If the programmer manages to write an algorithm for the chemical reaction of the organism that is identical to the feelings of the person, then the computer will feel. Nevertheless, the present is quite dangerous, since it is not known how a computer can react for which all algorithms are clearly defined that are identical to a person’s chemical reactions in the event of a particular state of mind. And can this mean that the computer may have a soul. If so, then the soul is a kind of digital reprint of repetitive algorithms. And if so, then the question remains, who wrote the soul of man. As a result of these studies, a number of variables should be noted, which were found and systematized in a particular algorithm?

Artificial Intelligence in the Process of Life of Citizens

In the daily life of citizens, citizens perform dozens of operations per day using elements of artificial intelligence. These can be certain actions on smartphones, working on personal computers, changing channels on a TV set of music in the players, and even moving through the streets on cars.

Artificial Intelligence in the Operations of Companies

Artificial intelligence is also quite often found in the offices of companies where employees perform hundreds of computational operations, periodically retain their work, transfer and transfer it. In all these actions, the computer functions, which not only instantly transmits information, but also stores and re-stores it?

Artificial Intelligence in the Activities of State Bodies

In the field of state bodies, the contribution made by artificial intelligence is also quite high. Elementary in the communal services of vital activity of almost all settlements, ranging from switching traffic lights, continuing night lighting, heat communications, television and other artificial intelligence cope with the workload of most people.

Consensus

Summarizing certain results, it should be noted that the role of artificial intelligence in the daily life of citizens is quite high, due to the fact that evolving people take on many functions that are possible somewhere far from physical development, nevertheless play an important role in the development of humanity as a whole. Therefore, a person cannot perform two operations in parallel due to certain anatomical data.

Conclusion & Recommendations

In conclusion it is actual to understand that artificial intelligence is a real half part of our Kazakhstan Republic State system, which have to create real legislative instruments to regulate it. That’s why development of legislative system in the area of artificial intelligence is a requirement rather than physical necessity for citizen. According to Kazakhstan Republic legislation it is actual to add to our system some legislation elements to identify the status of artificial intelligence as a special author mechanism including some parameters, related to the subjective and objective elements of artificial intelligence.

Acknowlegements

This study was carried out not only by one author alone, but also by a group of persons with the participation of the research leaders of doctoral student Nuskabekova D., Ph.D. Of the Faculty of Social Sciences of the International Kazakh-Turkish University named after Kh.A. Yasavi. It is also important to note that the entire theoretical and empirical part of the research is the property of Kainar Consolidated Group LLP, namely the property of Shalkharov Yernar Saylaubekovich, who kindly granted me the right to use and publish his data for a period of 2 years. The exclusive author of this article is completely Shalharov Yernar Sailaubekovich.

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