Сибирское юридическое обозрение (Mar 2021)
Social Conditionality of Criminal Legal Regulation of Public Relations Related To Robotics and Cyber-Physical Systems
Abstract
Robotics and cyber-physical systems form an independent layer of social relations characterized by increased social danger. This circumstance predetermines the recognition of certain categories of robots as sources of increased danger. The pace of development of robotics and cyber-physical systems is a consequence of the exponential, almost explosive growth of interest in intelligent systems under the conditions of the 4th Industrial Revolution and the emergence of Industry 4.0., actively supported by the state’s policy of “universal digitalization”. The variety of robots, a high degree of adaptability and growing accessibility for the general population are a prerequisite for the “involvement” of robots in various areas of criminalactivity, up to the robots committing individual criminal encroachments on their own. As complex devices with technical, digital and energy components, robotics and cyber-physical systems are subject to processesthat can cause harm to various groups of social relations. The introduction of robotics and cyber-physical systems into industry, production and the military sphere is associated with significant risks of causing harm to various objects of criminal law protection. With the growth of autonomy, robotics will steadily expand the spheres where attacks are committed with their participation. In this regard, it is required to develop mechanisms for criminal liability in the event of harm caused by artificial intelligence and robotics systems that have a high degree of autonomy in decision-making. The criteria for requesting criminal law regulation of robotics have been determined. The main reasons for the emergence of criminological risks associated with the design features of robots have been identified. Undoubtedly, the basis for criminal law is the category of social danger, which at the same time ensures the conceptual unity of criminal law norms, while simultaneously being a watershed that delimits them from other branches of law. It is extremely important to determine the boundaries of criminal law regulation, which are formed exclusively by the public danger of certain acts with the use of robotics. Thus, it should be stated that the current level of development of robotics and cyberphysical systems, as well as their involvement in the processes of the life of society, necessitate the creation of effective mechanisms of criminal law regulation.
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