Principles of Legal Regulation of Artificial Intelligence Technologies (Part 1)

Abstract

The article is devoted to a comprehensive theoretical and legal analysis of the principles of legal regulation of artificial intelligence (AI) technologies in the context of the ongoing transformation of social relations. Digital technologies are developing so rapidly today that legislation cannot keep up with the regulatory response to the emerging legal challenges. In such a situation, it is precisely legal principles that are capable of performing the function of anticipatory regulation, acting as normative benchmarks for legal modernization and setting the trajectory for law‑making and law enforcement even in the absence of detailed regulations.

The first part of the study examines the regulatory paradigms of the European Union, the United States, China, and Russia in the field of AI, and identifies their conceptual differences, which stem from fundamental discrepancies in defining the relationship between private and public interests, the priority values of legal regulation, and the role of the state in the development of AI technologies. Special attention is paid to a critical analysis of Article 4 of Federal Law No. 243‑FZ “On Supporting the Development of Artificial Intelligence Technologies in the Russian Federation,” which establishes the general principles of legal regulation of relations in the field of development, implementation, and use of large fundamental models of artificial intelligence in Russia.

The methodological basis of the study consisted of the formal‑legal method, which makes it possible to analyze the normative content of documents; the comparative legal method, which is necessary for comparing various approaches to legal regulation; the method of legal modeling, which is used to analyze national regulatory models and to construct one’s own system of principles for the legal regulation of AI technologies; as well as general scientific methods of analysis and synthesis.