ADMINISTRATIVE AND LEGAL REGULATION OF AI IMPLEMENTATION AND USE BY PUBLIC ADMINISTRATION UNDER SPECIAL LEGAL REGIMES: THE EXPERIENCE OF ISRAEL AND UKRAINE

Abstract

The article examines the current state of legal regulation regarding the implementation and use of artificial intelligence technologies (hereinafter referred to as AI) by Israel and Ukraine. The trends in the use of various AI tools carried out by the public administration of both states under special legal regimes are analyzed. It is emphasized that the Israeli and Ukrainian experience in implementing the aforementioned technologies depends on the level of administrative and legal regulation of internal and external administration relations. For several consecutive years, Israel has been acting as one of the world leaders in the development, testing, implementation, and use of AI technologies in various spheres of social life. This is determined by the level of development of the respective technologies and the activity of the private sector, which, in cooperation with the state, extends its developments to the sphere of public governance and public administration. Being under a special legal regime (state of emergency) for more than several decades, Israeli society and the state have demonstrated a high level of technology development and the implementation of startups in the field related to AI. Despite continuous criticism from the governments of European states and countries of the Middle East, the Israeli state has chosen a model of administrative and legal regulation based on humancentricity. The approved AI policy “Responsible Innovation” establishes recommendations for the development and use of AI, which define principles, economic sectors, and associated risks regarding the implementation of the aforementioned tools. The choice of this approach differs from the models implemented by the European Union (hereinafter referred to as the EU) member states, yet it is similar in its substance to the model of AI implementation chosen by the United States of America (hereinafter referred to as the USA). It is established that the synergy between private companies, startups, and the state, which consists in the joint testing of relevant AI solutions, as well as the identification of potential challenges and problems, will positively influence the corresponding planning horizon for creating local regulatory frameworks in the respective areas. The Ukrainian experience regarding the administrative and legal regulation of the implementation and use of AI is similar to the Israeli one in the sense that the first steps towards developing the respective digital that influenced the formation of the technological and administrative-legal component in this sphere was the creation of the Ministry of Digital Transformation, which implemented a large number of important tools that today are an integral part of the activities of public administration and the exercise of public governance. The creation and support of the functioning of the Unified Portal of State Services “Diia” allowed for the introduction of Diia.AI – the world’s first national AI assistant in the field of public services [1]. The influence of EU legislation and adopted acts on regulating the use of AI led to the Ukrainian state choosing a bottom-up approach, which involves the gradual implementation of AI tools in two stages. The first stage concerns preparation at the private sector level, hearing its proposals and vision. The second stage involves the adoption of a special law on AI based on the model of the AI Act (hereinafter referred to as the EU AI Act). At the same time, the improvement of the Ukrainian model of implementation and administrative-legal regulation of AI in the activities of public administration can be strengthened through the active involvement of individuals, developer companies of tools, and public authorities. The creation of proper administrative and legal mechanisms for establishing such interaction in the form of a public-private partnership can positively contribute to Ukraine’s ongoing technological dominance among states capable of implementing AI. Utilizing the Israeli experience in terms of launching joint tenders between ministries and individual AI developers for substantial coverage of expenses for implementing such AI tools can positively affect the achievement of the goal set by our state: entering the top three leading nations in terms of AI implementation in the public sector. In addition, the active involvement of the private sector will require administrative and legal regulation regarding cooperation, training of public servants, and discussion of necessary improvements. The Israeli experience in this aspect demonstrates flexibility and allows for the swift resolution of such tasks. The author’s position formulated in the conclusions is based on the thesis that special legal regimes, while influencing changes in individual institutions and branches of law, including administrative law, and despite the introduction of restrictions on the exercise of constitutional human rights and freedoms, act as catalysts for the improvement of public governance and public administration. AI tools will accelerate this process. The synergy of Israel’s security experience and Ukraine’s digital breakthrough will, in the long term, allow for the creation of a model of adaptive public governance where technologies protect both the state and the human being simultaneously.