Particular aspects of the necessity of legal regulation of artificial intelligence in Ukraine

In executive summary of Study of Belfer Center for Science and International Affairs Harvard Kennedy School was clarified main current realities such as: researchers in the field of AI have demonstrated significant technical progress over the past five years, much faster than was previously anticipated; most AI research advances are occurring in the private sector and academia; existing capabilities in AI have significant potential for national security; future progress in AI has the potential to be a transformative national security technology, on a par with nuclear weapons, aircraft, computers, and biotech; advances in AI will affect national security by driving change in three areas: military superiority, information superiority, and economic superiority [64].

In a world in which algorithms reign, the research talent and resources to develop those algorithms become preeminent. Current supply of this talent cannot meet global demand. As a result, policymakers at the national level must find ways to attract foreign talent to their country, to retain the talent that does come, and to develop new talent. The resulting policy levers are things like visa controls, industrial strategies, worker retraining and certification frameworks for AI skills, and educational investments to meet AI faculty and teacher shortages. Given the centrality of AI talent for algorithmic advances, these routine government functions can take on significant national security and economic implications. Though seemingly mundane, this ground is the terrain on which geopolitical competition in the age of AI is first fought. Privacy issues rise in importance the more data matters for AI. Insofar as tension exists between the privacy rights of users and the value of their data in training machine learning systems, governments must manage the balance. They will have to craft privacy laws and regulations that protect the civil liberties and rights of individuals without unduly constraining the innovation that using their data for training might enable [65, p. 11, 12].

Conclusion

Development and everyday usage of AI applications is an inevitable process, in our digital age. Progress in IT and AI areas is unstoppable and develops more and more every day. Unfortunately, countries, which do not properly develop the conducive AI ecosystem, do not make any investments, do not create AI legislation and do not stimulate young and proficient IT/AI developers. It is potentially leads:

a) to become vulnerable to cyberattacks on public and private levels, or on politicians;

b) data breach could appear;

c) economics and businesses could lose financial benefits and profit;

d) absence of own strong AI base and Policy in the country, may cause to become completely defendant on World's Global AI leaders and their decisions etc.

Hopefully, this story is not about Ukraine. Without any doubts, there are a several crucial issues that have to be legally clarified in Ukrainian legislation. Numerous gaps in AI and Intellectual Property fields, absence of specialized AI legislation, necessity of strengthening of data protection field, protection of national security, fundamental human rights, strengthening copyright, patent protection of AI/AI outputs should be priority of Ukrainian public policy makers. Ukraine right now is on it is way to foster advancement of IT and AI markets. There are a number of successful Ukrainian AI applications.

Such as:

1) Ukrainian technology company Grammarly that develops a digital writing tool using AI, which helps to write texts in English;

2) Agrolabs is utilizing IoT (internet of things), robotics and AI to help farmers achieve a full control over the growing process;

3) Agrieye develops a drone packed with sensors and multispectral camera that uses remote sensing, unmanned air vehicles, and big and open data analyses;

4) Chatbots.Studio is dedicated focus on business automation and AI chatbots development, their bots already serve in banks, insurance, telecoms, retail and service companies;

5) Court on the Palm (Суд на долоні) is analytical tool for searching court decisions in a faster way) etc.

However, AI leading countries such as the United States of America (USA), China and EU still have much broader AI markets and experience, huge competition that attract many Ukrainians. That is why, it is not surprise that intelligent Ukrainian IT/AI developers leave motherland looking for a better career perspective, assurance in protection of their rights, financial bonuses and stability. For a number of reasons, it is extremely important to deeply research and analyze of the USA (despite the fact that the USA is a common law system), European Union (EU) AI policies, WIPO White Papers and Recommendations, International and National researches. Firstly, for Ukraine it is paramount to follow and to take an active part in discussions on AI topics dedicated to the legal regulation on AI that currently held worldwide (especially when they are held in the virtual format). Secondly, Ukrainian legislators may find many progressive views and ideas that could help to create and afterwards, implement the most accurate AI legal provisions in Ukraine by exploring the diverse world's practice and by analyzing different visions on similar AI problems that are exist in Ukraine. Creation of legal regulation of advancement, development and usage of AI could attract and stimulate IT/AI progress, and would promote adherence and trust in our legislation system. What is more, lack of clarity and general understanding around AI in

Ukrainian society could lead to descension of involvement, understanding and interest on AI matters. Due to the fact that Ukraine already develops some great AI applications in many industries, without appropriate legislation might be hard to prove and define, for instance, the level of responsibility for possible violation by this AI application. General AI provisions needed to be established in order to understand, who is liable and responsible for the violation that was made by AI (who is liable, kind of infringement, level of responsibility). In the case of violation of privacy right/data breach by AI application of individual/particular group of people, who will be responsible - AI application itself, individual/group of individuals, who created and developed AI software (AI developers, engineers etc.) or AI developer's employer. Also, it could be great to create field-specific agency or non-profit organization (public or private), where IT/AI engineers along with legal professionals could directly give legal aid, consultations, deal and assist with such specific AI cases. Also, highly essential to foreseen potential violations of national security, fundamental human rights from the AI perspective. Legislation on AI and IP matters also should be on agenda. It is essential to emphasize on necessity of raising legal academic discussions, legislative initiatives, dedicated to the legal regulation of AI in Ukraine. It is important purpose to develop and foster creation of AI legal regulation, further advancement of AI legislation, as well as establishment of effective mechanism of protection of Intellectual Property and Technology rights in Ukraine.

At the same time, it is vital to let and encourage AI bring social and economic benefits to the country, economics, civilians and businesses. By encouragement of AI area could be implied reinforcement of IT/AI engineers, developers and other related positions to that area. For instance:

a) support and encourage of Ukrainian software developers, AI engineers, IT representatives to work on and to create more and more Ukrainian AI applications in Ukraine;

b) attract investments and investors for financial incentives in AI area;

c) arrange no-charge international AI career enhancement trainings for experience shearing, which will help to expand professional opportunities;

d) organize no charge workshops, forums, national and international conferences, discussions together with international organizations that would be dedicated to the AI matters. That would give an opportunity to receive up-to-date information and share bilateral knowledge, examine and deepen AI experience for all the participants.

Currently, Ukraine is in the progress of AI development. And to become a global leader in AI in healthcare, agriculture, education, justice, banking and financial services, logistics industries, Ukraine shall make efforts to create a legal framework to wit template of principles, ethics, particular provisions of legal regulation of advancement, development and usage AI in Ukraine. In this research were used general scientific and special scientific methods such as formal-logical, comparative, dialectical, normative, systemic, analysis, synthesis, induction and deduction, the method of comparison.

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