scholarly journals A Kratt as an Administrative Body: Algorithmic Decisions and Principles of Administrative Law

2020 ◽  
Vol 29 ◽  
pp. 47-61
Author(s):  
Ivo Pilving ◽  
Monika Mikiver

Estonia, as the number-one-ranked country in Europe for the digital public services dimension of the Digital Economy and Society Index, aims at widespread adoption of artificial-intelligence systems to assist or even replace officials in public administration. It is expected that there will be 50 artificial-intelligence applications operating in Estonian public administration by the end of 2020. The machine learning capacity that is often intrinsic in artificial intelligence systems means, in practice, that even the data analyst or programmer who wrote the respective code is later no longer able to explain the parameters behind the decisions. If the state allows a so-called black box to make administrative decisions, further constitutional issues will arise in addition to that of judicial control of such a decision. An administrative decision presumes the implementation of legislation. Owing to the vagueness of the law, a judicial appraisal does not merely involve formal-logic operations, as laws and regulations require interpretation and the consideration of the facts. This is particularly important in making discretionary decisions. Interpretation and consideration must not be limited to the predictions made on the basis of earlier, similar cases by means of statistical methods. It is not rare that a decision on applying a standard needs to be made also in a situation that the legislator has been unable to foresee and for which there is no requisite pattern emerging in the training data fed to an algorithm. The article examines the related principles arising from the Constitution, and one of the conclusions drawn from these is that for factually or legally complex decisions, the weight of the decision must be borne by humans, at least until much more powerful artificial intelligence is developed. However, with the help of learning algorithms individual components and elements of such decisions can be taken. Full automation remains an option in cases of routine administrative decisions that are advantageous for the person(s) concerned and that lack negative side effects for them, as well in cases where all relevant factual circumstances are comprehensible to an algorithm as such and transparent.

2020 ◽  
Vol 13 (2) ◽  
pp. 75
Author(s):  
Alexey I. Ovchinnikov ◽  
Alexey Yu. Mamychev ◽  
Tatiana S. Yatsenko ◽  
Artur Kravchenko ◽  
Yuri A. Kolesnikov

The presented study examines the epistemological and philosophical and legal problems of the introduction of artificial intelligence systems in law enforcement. The article discusses the problematic implementation and use of artificial intelligence to automate the enforcement process, the judiciary and public administration. It is shown that the latter is considered without taking into account a key factor - the specifics of the intellectual process of bringing the general norm to a particular case. The authors show that for artificial intelligence systems, the contextuality of the principles of law is not achievable, while it is extremely necessary in law enforcement. In AI, contextual intellectual procedures cannot be programmed, since the ratio between the norm and the context of its interpretation involves a break through the hermeneutic circle in which the norm is a part and the context of the norm (industry principles) is a whole. The limited possibilities of using artificial intelligence systems in justice are also discussed, it is proved that digitalization in this area will be only instrumental in nature, and the administrative functions of robotic technologies are quite problematic and generally ineffective in the spiritual, moral and ethical dimension.


Author(s):  
M. G. Koliada ◽  
T. I. Bugayova

The article discusses the history of the development of the problem of using artificial intelligence systems in education and pedagogic. Two directions of its development are shown: “Computational Pedagogic” and “Educational Data Mining”, in which poorly studied aspects of the internal mechanisms of functioning of artificial intelligence systems in this field of activity are revealed. The main task is a problem of interface of a kernel of the system with blocks of pedagogical and thematic databases, as well as with the blocks of pedagogical diagnostics of a student and a teacher. The role of the pedagogical diagnosis as evident reflection of the complex influence of factors and reasons is shown. It provides the intelligent system with operative and reliable information on how various reasons intertwine in the interaction, which of them are dangerous at present, where recession of characteristics of efficiency is planned. All components of the teaching and educational system are subject to diagnosis; without it, it is impossible to own any pedagogical situation optimum. The means in obtaining information about students, as well as the “mechanisms” of work of intelligent systems based on innovative ideas of advanced pedagogical experience in diagnostics of the professionalism of a teacher, are considered. Ways of realization of skill of the teacher on the basis of the ideas developed by the American scientists are shown. Among them, the approaches of researchers D. Rajonz and U. Bronfenbrenner who put at the forefront the teacher’s attitude towards students, their views, intellectual and emotional characteristics are allocated. An assessment of the teacher’s work according to N. Flanders’s system, in the form of the so-called “The Interaction Analysis”, through the mechanism of fixing such elements as: the verbal behavior of the teacher, events at the lesson and their sequence is also proposed. A system for assessing the professionalism of a teacher according to B. O. Smith and M. O. Meux is examined — through the study of the logic of teaching, using logical operations at the lesson. Samples of forms of external communication of the intellectual system with the learning environment are given. It is indicated that the conclusion of the found productive solutions can have the most acceptable and comfortable form both for students and for the teacher in the form of three approaches. The first shows that artificial intelligence in this area can be represented in the form of robotized being in the shape of a person; the second indicates that it is enough to confine oneself only to specially organized input-output systems for targeted transmission of effective methodological recommendations and instructions to both students and teachers; the third demonstrates that life will force one to come up with completely new hybrid forms of interaction between both sides in the form of interactive educational environments, to some extent resembling the educational spaces of virtual reality.


Author(s):  
Natalia V. Vysotskaya ◽  
T. V. Kyrbatskaya

The article is devoted to the consideration of the main directions of digital transformation of the transport industry in Russia. It is proposed in the process of digital transformation to integrate the community approach into the company's business model using blockchain technology and methods and results of data science; complement the new digital culture with a digital team and new communities that help management solve business problems; focus the attention of the company's management on its employees and develop those competencies in them that robots and artificial intelligence systems cannot implement: develop algorithmic, computable and non-linear thinking in all employees of the company.


2021 ◽  
Vol 63 (3) ◽  
pp. 236-244
Author(s):  
O. Díaz ◽  
A. Rodríguez-Ruiz ◽  
A. Gubern-Mérida ◽  
R. Martí ◽  
M. Chevalier

2021 ◽  
Vol 64 (2) ◽  
pp. 31-32
Author(s):  
Subbarao Kambhampati

Artificial intelligence systems need the wisdom to know when to take advice from us and when to learn from data.


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