Social Rights of Citizens Using Artificial Intelligence: Legal Bases and Gaps in Legislative Regulation in Russia
In recent decades, the development of innovative technologies and artificial intelligence systems has also been studied by legal scholars. An unambiguous understanding of artificial intelligence as a category of constitutional law, as an object of constitutional legal regulation and as a subject of legal relations has not yet been achieved. Of course, the issue of recognizing artificial intelligence as a subject of constitutional and legal relations is not yet relevant. However, issues of legislative regulation of basic, including social, human rights in the context of the development and use of artificial intelligence systems are already on the agenda. To form a high-quality system of legal regulation of social rights in the digital space, it is advisable to monitor the current legislation in order to consolidate the possibility of using artificial intelligence in the implementation of human social rights. The purpose of the study is to identify gaps in the legislative regulation of certain social rights using artificial intelligence. The goal is specified in the following tasks: to conduct a doctrinal analysis of the category of “artificial intelligence” in legal science and other branches of knowledge; identify the use of this concept in the current Russian legislation, show the conceptual constitutional guidelines in the use of artificial intelligence; based on the foundations of the constitutional system, the system of constitutional and legal guarantees of human rights, to study the features of legal regulation of certain social rights using the latest technologies and artificial intelligence. The methodological basis is recognized by the general scientific and private scientific methods of cognition used in legal science. The conclusions are based on scientific research in the field of doctrinal understanding of the category of artificial intelligence, on the analysis of normative legal acts, which regulate social rights and freedoms. Main results and brief conclusions: the definition of artificial intelligence of constitutional law acceptable for science is proposed; conceptual constitutional attitudes in the field of the use of artificial intelligence are defined; based on the analysis of doctrinal and strategic documents adopted in the Russian Federation and focused on the development of artificial intelligence in the Russian state, the tendencies of using AI in the realization of social rights and freedoms are formulated, the features of the realization of some social rights using artificial intelligence are shown, as well as the gaps of their legislative regulation and conclusions are drawn and aimed at improving legislation in this area.