Legal Regulation of Artificial Intelligence Systems in the EU: Prerequisites, Current State and Prospects

Анотація

Ukraine has repeatedly demonstrated its commitment to introduce a comprehensive set of rules for artificial intelligence systems. In particular, the relevant intentions were set out in the Concept for the Development of Artificial Intelligence approved back in 2020. In the document, Ukraine recognised AI’s potential and the need for an appropriate regulatory approach that should address its initial development and further deployment. As part of its regulatory efforts, Ukraine highlights several factors to show the importance of the planned legal regulation, including the increased use of AI systems across multiple fields, ranging from public services to military use of AI technologies, and the urgent need to establish clear guidelines for the same. When it comes to developing legal regulation, there is a growing consensus among policymakers and experts that Ukraine’s regulatory approach should align with the framework already implemented by the European Union, which should facilitate harmonisation of the global AI governance landscape and Ukraine’s intentions to join the EU.Amid Ukraine’s Euro-Atlantic integration, it is, therefore, crucial to analyse the foundations, current state, and prospects of the EU AI regulation. The article delves into the prerequisites of the EU approach to AI systems and highlights ethical standards that shaped AI systems regulation. These ethical principles include transparency, accountability, non-discrimination, as well as the appropriate human controls. The article explores in detail how these principles evolved from ethical concepts to specific legal requirements and, in particular, illustrates how such principles have been reflected in the recently adopted Artificial Intelligence Act. This comprehensive analysis shows the ethical-legal nexus in the AI Act, which serves as a bridge between ethical principles and specific legal requirements. The article, with its focus on the foundations of the EU approach to AI systems, provides a better understanding of the key principles set out in the AI Act and offers valuable lessons for Ukraine’s ongoing efforts to develop its own legal framework for AI.The author then focuses on the future landscape of AI system regulation with due regard to emerging technologies and the need for a global and adaptable framework that should address these developments and, at the same time, maintain high legal and ethical standards. The article highlights the importance of further international cooperation to ensure an appropriate level of AI governance standards worldwide.

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