THE DRAFT EU LAW ON ARTIFICIAL INTELLIGENCE 2023

Abstract

On February 2, 2024, The Committee of Permanent Representatives of the EU Member States approved the draft law on artificial intelligence (The AI Act - AIA). The final draft law will be adopted in April 2024 in the form of an EU Regulation. European lawyers and politicians have expressed the opinion that AIA is the world's first comprehensive law regulating AI in various applications and contexts. The purpose of this study is to analyze the provisions of the EU AI Bill 2023. This study used empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. The results of the study show that the statements of European scientists about the "world's first AI law" are not entirely accurate. Back in 2019, Decree of the President of the Russian Federation No. 490 dated 10.10.2019 "On the development of artificial intelligence in the Russian Federation" was issued, also in 2022-2023 a number of laws of the People's Republic of China in the field of AI regulation, including generative AI, were published, a number of regulations were adopted in the USA and other countries. These points are not taken into account and are not commented on by European scientists in any way. However, a number of provisions of the EU draft law seem to the authors of this article to be well-founded, correct and subject to consideration when developing legislation in the field of AI regulation at the international level and in other countries of the world, including in the Russian Federation (we are talking about prohibited methods of working with AI listed in Article 5 of the EU draft law, as well as the concept of “Deep fake”, enshrined in paragraph 44 (bl) of Article 3 of the AI Act Project). The following shortcomings of the draft law were identified: a) insufficient regulation of mandatory basic safety standards; b) the ambiguity of regulating "open source" AI models; c) lack of regulation of the impact of AI systems on the environment; d) the need to supplement the AI Law with much more substantial public investments in AI; e) the consolidation in the draft law of a formal, costly and undifferentiated approach to suppliers and users of AI systems, which resulted in a significant administrative and material burden for enterprises and companies - the production of documentation (plans, reports, etc.); f) the draft law does not contain new tools to protect against the risks posed by the use of AI systems, which EU citizens could effectively use., etc.