Principles of Ethical Use of Artificial Intelligence as an Element of Legal Regulation

Abstract

The article is devoted to a comprehensive analysis of the principles of the ethical use of artificial intelligence as a fundamental element of contemporary legal regulation. The aim of the study is to identify and characterise the principles of the ethical use of AI as a normative component of legal regulation, as well as to determine the mechanisms of their legal institutionalisation. The research is based on the application of comparative legal, formal-legal, systemic, and doctrinal methods. The comparative analysis encompasses international ethical frameworks, the regulatory model of the European Union, and the fragmented normative framework of Ukraine.

The paper substantiates that, within modern legal doctrine, these principles are no longer regarded as optional guidelines or purely moral orientations; instead, they are becoming a substantive basis for the formation of normative approaches to the regulation of algorithmic technologies. This shift stems from the dual nature of artificial intelligence which, combining significant technological potential with autonomous characteristics, generates new risks for human rights, democratic processes, non-discrimination, privacy, and information security. In the international dimension, ethical frameworks enshrined in the UNESCO Recommendation on the Ethics of Artificial Intelligence and the OECD AI Principles form a global human-centred standard that recognises the priority of human dignity, social justice, and responsible innovation.

The study emphasises that these principles are gradually acquiring the features of «hard law», as they are increasingly reflected in Regulation (EU) 2024 / 1689, which incorporates them into a risk-based regulatory model by introducing obligations related to human rights impact assessments, transparency, safety, accountability, and the supervision of training data. The article demonstrates that the principles of fairness, explainability, accountability, human oversight, privacy, technical robustness, and social and environmental responsibility form a systemic foundation for the legal regulation of artificial intelligence. These principles are being transformed into specific legal mechanisms, including due diligence requirements, algorithmic auditing, data quality standards, obligations of providers and users, and procedural safeguards for individuals affected by automated decision-making.

The Ukrainian context is examined as an example of a transformational legal order in which ethical principles have already been incorporated into strategic documents and scholarly discourse; however, their normative institutionalisation remains in the process of formation. The lack of established audit procedures, inconsistencies in terminology, and the absence of a stable model of accountability and oversight determine the need to develop national standards for responsible artificial intelligence and to harmonise them with European law.