Adoption of a state management decision based on algorithms: problems and prospects of legal regulation

Принятие государственного управленческого решения с использованием алгоритмов: проблемы и перспективы правового регулирования

Yuzhakov, Vladimir (Южаков, Владимир) (), Talapina, Elvira (Талапина, Эльвира) (), Koziar, Daria (Козяр, Дарья) (), Starostina, Aleksandra (Старостина, Александра) () and Chereshneva, Irina (Черешнева, Ирина) ()
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Yuzhakov, Vladimir (Южаков, Владимир): The Russian Presidential Academy of National Economy and Public Administration
Talapina, Elvira (Талапина, Эльвира): The Russian Presidential Academy of National Economy and Public Administration
Koziar, Daria (Козяр, Дарья): The Russian Presidential Academy of National Economy and Public Administration
Starostina, Aleksandra (Старостина, Александра): The Russian Presidential Academy of National Economy and Public Administration
Chereshneva, Irina (Черешнева, Ирина): The Russian Presidential Academy of National Economy and Public Administration

Working Papers from Russian Presidential Academy of National Economy and Public Administration

Abstract: Despite the expanding practical use of algorithms, many possible risks of their application have not yet been studied, taken into account and have not received a regulatory response, which is especially dangerous in public administration. The right to use algorithms in making public management decisions should be harmoniously integrated into Russian legislation, therefore, the study of methodological and legal problems of using algorithms in making public management decisions is relevant. The purpose of the study is to identify and systematize methodological and legal problems associated with the use of algorithms in making public management decisions, as well as to develop solutions to them. Scientific publications, regulatory legal acts of international and national level, including foreign ones, have become the subject of the study. The study is based on the following methods: formal legal, historical legal, method of legal interpretation, comparative legal method, statistical method, modeling method. The results of the study include: features of public management decisions in the digital age; results of analysis and systematization of the advantages of using algorithms in making managerial decisions in public administration; results of identification and systematization of problems (risks) of using algorithms in making managerial decisions in public administration; solutions to the problems of using algorithms in making managerial decisions in public administration; and relevant legislative proposals. The study shows an insufficient level of methodological and legal research of the problems of using algorithms in making public management decisions. First, it is necessary to consolidate the general policy in relation to various AI technologies in general, in order to create general conditions for the use of permitted technologies in public administration. Second, to create a special legislation of making public management decisions, to establish the possibilities and rules for using algorithms. The scientific novelty of the research is determined by the practical absence of a legal and methodological basis for making public management decisions in digital conditions and the need for legal regulation of this process. The recommendations contain proposals for the adaptation and development of legislation for making public management decisions to digital conditions.

Keywords: public administration; algorithm; artificial intelligence; management decision; digitalization; law (search for similar items in EconPapers)
JEL-codes: H11 H83 K38 (search for similar items in EconPapers)
Pages: 34 pages
Date: 2023
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