Realization of the Right to Education in the Context of Information

and Digital Reality and the Artificial Intelligence Development in the

Arctic Region of Russia

Tatiana Balashova

and Maria Lipchanskaya

Public Law and Legal Management Support Department, the State University of Management, Moscow, Russia

Keywords: Human and Civil Rights and Freedoms, the Right to Education, the Arctic Region, Indigenous and Small

Peoples, Information and Digital Reality, Artificial Intelligence.

Abstract: The article is devoted to the study of the problems of the artificial intelligence technologies use in the

realization of the right to education in the Arctic region of Russia in the information and digital reality

conditions. The Arctic exploration is recognized as one of the priorities of the State policy of Russia. Its goal

is to accelerate the country economic growth, improve the quality of life and develop science. These processes

are inextricably linked to the process improvement and the education quality for children in the Arctic, the

key aspect of which is the indigenous peoples educational traditions and modern information, and other

technologies combination. The purpose of the study is to analyze the prospects and risks of testing artificial

intelligence systems in the education field in a special Arctic region. To assess the digital inequality presence,

the traditions influence and other living and learning conditions of the Northern indigenous peoples on the

technologies development in the education field. To achieve this goal, various general scientific and private

scientific methods are used in the work, the study is carried out in accordance with the systematic approach

principles, dialectical interdependence, behaviorism and political hermeneutics. The research theoretical and

methodological basis is the synthesis of the general theory of security and modern theories of the social

phenomena analysis.

1 INTRODUCTION

The Russian State large-scale plans for the

introduction and use of digital technologies and

artificial intelligence systems in all spheres of society

objectively actualize the need for understanding,

scientific justification and adequate legal regulation

of these processes, including in regions with special

climatic conditions and indigenous peoples traditions.

Artificial intelligence technologies and systems

are being purposefully introduced into all society and

the State activity spheres, and their influence is

becoming more and more noticeable in the human

rights implementation, including the basic social

rights guaranteed by the Constitution of the Russian

Federation.

In the information society context and the

artificial intelligence technologies introduction, not

https://orcid.org/ 0000-0002-1532-1451

https://orcid.org/0000-0002-4410-0578

only the realization of basic human rights is

transformed, but also their established content is

changing, new powers are emerging or existing

"digital" specifics are being supplemented.

This study focuses on the constitutional right to

education implementation analysis in the information

and digital reality conditions and the artificial

intelligence technologies development in one of the

harsh Russian regions – the Arctic.

The Arctic exploration is recognized as one of the

priorities of the State policy of Russia. Its goal is to

accelerate the country economic growth, improve the

quality of life and develop science. These processes

are inextricably linked to the process improvement

and the education quality for children in the Arctic,

the key aspect of which is the indigenous peoples

educational traditions and modern information, and

other technologies combination.

450

Balashova, T. and Lipchanskaya, M.

Realization of the Right to Education in the Context of Information and Digital Reality and the Artiﬁcial Intelligence Development in the Arctic Region of Russia.

DOI: 10.5220/0010670100003223

In Proceedings of the 1st International Scientiﬁc Forum on Sustainable Development of Socio-economic Systems (WFSDS 2021), pages 450-455

ISBN: 978-989-758-597-5

The Arctic peoples have a long tradition of school

education, which was perceived differently in

different periods of the Soviet State. The first schools

in the Far North appeared in the 1920s. Enthusiastic

teachers came to the reindeer herders, hunters,

fishermen camps and taught children to read and

write, simultaneously convincing their parents that

they should be sent to a stationary school. Parents had

the right to choose the form of schooling for their

children. This continued until the mid-1950s, when

the USSR introduced the compulsory seven-year

education, which led to the creation of boarding

schools in the Arctic regions, where a child was

required to study throughout the school year. Such

radical imposed educational measures have proved

ineffective and, moreover, detrimental for children

education and the small indigenous peoples

traditional crafts skills maintenance.

It is necessary to recognize that globalization and

the information society development are inevitable,

and it is important in these conditions to ensure a

balance of public interests in the modern educational

technologies introduction and the indigenous peoples

traditions and culture preservation.

2 RESEARCH METHODOLOGY

The research methodological basis is the dialectical-

materialistic method, as well as the most important

general methodological principles and social reality

cognition methods. The paper analyzes the problems

of implementing the right to education in the

information and digital reality context and the

artificial intelligence development in modern Russia.

The artificial intelligence concept is analyzed in order

to form the research conceptual and methodological

basis.

The use of systematic and structural-functional

methods allowed us to consider the trends and

prospects for the constitutional right to education

implementation in the Arctic region of Russia in the

context of information and digital reality and the use

of artificial intelligence in the educational process.

The work is carried out in accordance with the

systematic approach principles, dialectical

interdependence, behaviorism and political

hermeneutics. The research theoretical and

methodological basis is the synthesis of the general

theory of security and modern theories of the social

phenomena analysis.

To solve the problem set in the study, a set of

complementary scientific methods was used, such as:

system and socio-cultural analysis; structural and

functional method; documents and sources analysis;

interdisciplinary analysis.

The method definition and the research grounds

systematic formation allowed us to build the structure

and logic of the work in such a way that the obtained

theoretical results have a deductive character.

3 RESEARCH RESULTS

Currently, there is no special legislative regulation in

the Russian Federation that takes into account the

artificial intelligence technologies usage specifics in

the education field.

In this situation, a conceptual dilemma arises. Is it

appropriate to advance legislative regulation on the

mandatory use of artificial intelligence technologies

in the educational process, or should the gradual use

of modern information technologies be flexible,

depending on the economic, resource, national and

other features and capabilities of the educational

organization and other educational process subjects?

It is worth noting that in the Concept of the

Development of relations regulation in the artificial

intelligence and robotics technologies field until

2024, the first task is to create the new public relations

legal regulation foundations that are formed in

connection with the use of artificial intelligence and

robotics systems, which are mainly of a stimulating

nature. Based on this, it can be concluded that the

Russian State is focused on the creation of legal

regulators of a "soft imperative" nature, which create

conditions and motivate the legal relations subjects to

use artificial intelligence technologies.

At the same time, when defining the priority

industry directions of regulation of the artificial

intelligence usage in the Concept, the education

sphere is unreasonably ignored. The Concept adopted

until 2024 does not actually imply the development

of educational legislation taking into account

artificial intelligence technologies in this area in the

next few years. It is in the education field that it is

planned to apply a flexible step-by-step artificial

intelligence introduction version at the discretion of

the educational organization itself, using a risk-based

approach based on the potential harm size assessment

and the need to take measures to minimize the

corresponding risks.

The normative legal act specifying the

constitutional right to education implementation is

the Federal Law No. 273-FZ dated December 29,

2012 "On Education in the Russian Federation". A

textual and substantive analysis of this law has shown

that to date it does not use the terms "artificial

Realization of the Right to Education in the Context of Information and Digital Reality and the Artiﬁcial Intelligence Development in the

Arctic Region of Russia

451

intelligence technologies", "artificial intelligence

systems" and other phrases formed with the "artificial

intelligence" phrase. The article establishes the

concepts and the procedure for implementing

educational programs using e-learning and distance

learning technologies.

Thus, the State policy in the education field allows

the use of such innovative forms of educational

activities as e-learning and distance learning

technologies. At the same time, e-learning is

understood as the organization of educational

activities with the use of information contained in

databases and used in the educational programs

implementation, various information and

telecommunications networks that ensure the

information transmission over communication lines,

students and teachers interaction.

Distance learning technologies are understood as

educational technologies implemented mainly with

the use of information and telecommunications

networks in the indirect (at a distance) students and

teaching staff interaction. Simultaneously with the

use of e-learning and distance learning technologies,

the educational organization undertakes to create an

electronic information and educational environment

that provides certain conditions for high-quality and

barrier-free development of the educational program.

The first practices of implementing e-learning

in the Russian Federation are already available. For

example, in Moscow, MES (the Moscow Electronic

School) is actively used. Most educational

organizations, under the constraints caused by the

pandemic in 2020, were forced to implement e-

learning and distance learning at an accelerated pace.

However, it is important to understand that this is not

yet AI, but the first attempt to automate the

educational process. First, it is necessary to provide

each student with a personal digital device, and only

after that "it is possible to obtain a digital educational

footprint and a basic technological foundation for

building individual educational trajectories using

artificial intelligence".

Over the past few decades, the Russian

Federation has made attempts to adapt the Russian

educational system to the conditions of nomadic life

of the Far North inhabitants. This topic has become

particularly relevant in connection with the adoption

of the Strategy for the Development of the Arctic

Zone of the Russian Federation and Ensuring

National Security for the Period up to 2035, approved

by Presidential Decree No. 645 dated October 26,

2020. At the meeting of the Expert Council of the

Project Office for the Development of the Arctic on

the topic "Problems of School Education in the Arctic

zone of the Russian Federation", which took place in

June 2020, among other issues discussed there were

issues of attracting teachers to the Arctic zone, the

problems and prospects of distance learning for

schoolchildren, the specifics of education for the

indigenous peoples of the North and the pandemic

consequences for education. We believe that in the

conditions of the Arctic zone, where there are still

serious technical difficulties with Internet access, and

with the personal digital device availability for each

child, the prospects for universal education under the

AES project (an Arctic electronic school) by analogy

with the MES, are not in the near future.

It is noteworthy that neither e-learning nor

distance learning technologies involve artificial

intelligence systems in a broad sense. We believe that

electronic technologies, distance education

technologies and artificial intelligence technologies

are similar, but not identical concepts. The definition

of the first two is contained, as indicated, in the

federal law "On Education in the Russian

Federation", and the legal concept of artificial

intelligence was first formulated in our State in a by-

law-Decree of the President of the Russian Federation

dated October 10, 2019 No. 490 "On the

Development of Artificial Intelligence in the Russian

Federation", later it moved to Federal Law No. 123-

FZ.

In accordance with these acts, the artificial

intelligence is understood as a set of technological

solutions that allows to simulate the person cognitive

functions and get results that are comparable, at least,

to the human intellectual activity results. At the same

time, it is separately noted that the simulation

includes self-learning and the search for solutions

without a pre-set algorithm. It is important to note that

the definition fully covers the currently available

types of artificial intelligence in a broad sense, i.e. the

artificial intelligence that works on the basis of pre-

defined tasks (existing knowledge), and artificial

intelligence that works autonomously, i.e. a

technology that can potentially completely replace a

person in performing tasks (Vasiliev, A. A.,

Shpopper, D. & Mataeva, M. H. 2018).

The definition reflects the artificial intelligence

fundamental characteristics, which are revealed from

its definition:

- this is a complex of technologies, not a single

technology;

- the artificial intelligence can self-study and

search for solutions without pre-defined algorithms.

This is its fundamental difference from other

technologies;

WFSDS 2021 - INTERNATIONAL SCIENTIFIC FORUM ON SUSTAINABLE DEVELOPMENT OF SOCIO-ECONOMIC SYSTEMS

452

- the artificial intelligence can get results that are

comparable, at least, to the human intellectual activity

results. The definition implies that artificial

intelligence can potentially get better results than

those obtained by humans.

With the adoption of the National Strategy for the

Artificial Intelligence Development for the Period up

to 2030 in 2019, Russia has become one of the

countries with strategic planning documents in the

artificial intelligence field.

The National Strategy for the Artificial

Intelligence Development for the Period up to 2030

states that the use of artificial intelligence

technologies in the social sphere contributes to the

creation of conditions for improving the population

living standard, among them there is improving the

services quality in the education field. At the same

time, the National Strategy specifies what is meant by

improving the services quality in the educational

environment. Namely, the educational process

adaptation to the students and the labor market needs,

the learning performance indicators systematic

analysis to optimize the children professional

orientation and early identification with outstanding

abilities, knowledge quality assessment automation

and analysis of information about learning outcomes.

These processes will be implemented by artificial

intelligence systems in the future.

Conditionally, the legal conditions for stimulating

the artificial intelligence technologies introduction in

the education field can include experimental and

innovative activities, the definition and content of

which is fixed in Article 20 of the Federal Law on

education. Of course, the purpose of these activities

is focused on the education system modernization and

development. As stated in the collective Commentary

to the Federal Law "On Education in the Russian

Federation", "the innovation activity is defined as an

activity (including scientific, technological,

organizational, financial and commercial) aimed at

innovative projects implementing, as well as creating

innovative infrastructure and ensuring its activities".

In the State Program for the Education

Development until 2025, approved by Government

Resolution No. 1642 dated December 26, 2017, the

innovative and experimental components are

expressed somewhat differently than in the previous

similar program. Within the State program

framework, a departmental target program "Support

for Innovations in the Education System

Development and Monitoring, Ensuring the

Effectiveness of Competitive Mechanisms for the

Program Activities Implementation in the Education

Field" is provided. Its goals are to provide the annual

support for at least 20 strategic initiatives and

innovative developments aimed at developing

regional and municipal systems for the education

system development and monitoring.

A new project of the Government of the Russian

Federation on the digital educational environment

formation may become a serious development in the

implementation of the constitutional right to

education in the Arctic in modern conditions. Its main

goal is to provide free access on the "one window"

principle for all categories of citizens, including those

studying under higher education educational

programs and additional professional education

educational programs, to online courses implemented

by various organizations engaged in educational

activities and educational platforms.

It is noteworthy not only that the Government of

the Russian Federation is promoting the formation of

a single publicly accessible digital educational

environment, but also the introduction of such terms

as educational platforms, online courses, passport and

online course expertise, personal educational

trajectory, portal, and others, reflecting the

transformation of the right to education in the

information and digital reality, into the Russian

normative field.

However, these are only the first steps in the legal

regulation of the artificial intelligence technologies

usage in the right to education realization.

One of the educational relations subjects is the

student. In relation to it, the artificial intelligence is

designed to ensure the educational services

availability and quality, the competencies for a

specific educational program systematic and

complete development. The use of artificial

intelligence can really solve the problem of

supporting an individual educational trajectory at a

new qualitative level, which should be dynamically

rebuilt as students acquiring competencies. The role

of a living teacher should be transformed from a

knowledge transmitter to the studied subject

philosophy carrier. Unfortunately, at present, the

individual learning path is understood narrowly and

"technically primitive". With regard to the higher

education peculiarities in the Arctic, the nomadic

university positive experience should be noted. This

is a project of the International Arctic Council, in the

implementation of which, in addition to Russia, four

other countries participate (Sweden, Scotland,

Norway and Finland). In 2020, within the project

framework, almost 30 Yakut reindeer herders began

to study a shortened bachelor's program remotely at

the Norwegian University of Nord. Graduates will be

able to apply their knowledge in the fields of

Realization of the Right to Education in the Context of Information and Digital Reality and the Artiﬁcial Intelligence Development in the

Arctic Region of Russia

453

entrepreneurship, modern technologies and

traditional food for the Northern peoples in practice,

in their usual field. It should be agreed that this

initiative and the similar ones will help the northern

peoples learn without breaking the traditional way of

life, and to develop their economy without destroying

it. And if the system of young reindeer herders remote

learning can be established, it will give many new

opportunities.

At the end of January 2021, the Ministry of

Education of the Russian Federation announced the

introduction of artificial intelligence basics learning

in Russian primary schools. The initiative deserves

the approval and support, but it raises numerous

questions, i.e. the need to modernize the entire

educational program, starting with primary classes,

personnel training and methodological developments,

according to which students will be taught the

artificial intelligence basics.

Thus, it can be summarized that in order to

stimulate the development and use of artificial

intelligence technologies in terms of realizing the

right to education in the Arctic regions of Russia, it is

necessary to adapt the regulation in terms of human

interaction with artificial intelligence, and to develop

appropriate ethical standards. At the same time, the

excessive regulation in this area can significantly

slow down the development pace and technological

solutions implementation.

4 DISCUSSION OF RESULTS

For quite a long time, legal scholars have been

discussing the assignment of the legal status of

"electronic persons" to robots (

Yastrebov, 2017), the

recognition of a full-fledged society cyber subject

(

Čerka et al., 2015), the possibility of granting legal

personality to virtual persons (

Polich, 2018), the

granting of a particular system the status of a subject

of law (

Gabov, 2018), the recognition of an AI system

as a subject of copyright and patent rights (

Morhat,

2018

), and the use of AI in justice (Afanas'ev, 2020), in

the social human rights implementation (

Lipchanskaya

and Zametina

, 2020).

In the domestic legal doctrine, the attempts to

systematically approach the artificial intelligence

technologies regulation have not been made for a long

time. Currently, there are publications devoted to the

artificial intelligence regulatory problems conceptual

understanding problems, where it is fairly noted that

"the tactics of regulatory promotion ... are not

objectionable, provided that the changes are complex,

interrelated, and this is impossible without

developing at least the most general principles with

the regulatory efforts dynamics understanding"

(

Gabov and Havanova, 2018).

T. V. Zametina, E. V. Kombarova, and E. Y.

Balashova consider the artificial intelligence

introduction as an objective process that affects

human rights, which are the highest value recognized

both at the national and international levels (

Zametina

et al., 2020). At the same time, the artificial

intelligence introduction should be associated with

the democracy constitutional values implementation,

recognition and respect for the interests of the

individual, society and the State.

The researchers A.V. Keshalava, M.P. Budanov,

V.Yu. Rumyantsev predict a significant impact on

society and the "digital economy" of mobile,

cognitive and cloud technologies, the "Internet of

things" and "big data" technologies (

Keshelava et al.,

2017).

The E. Dobrolyubova, O. Alexandrov, and A.

Efimov study (Dobrolyubova et al., 2017), devoted to

the digital transformation prospects, emphasizes the

need to eliminate legal and organizational barriers as

a factor in the digital transformation success in certain

industries, including education.

Considering the young people educational

migration problem and the youth outflow from the

Arctic regions of Russia, V. Levkin, G. Detter, E.

Gladun et al. (Ljovkin et al., 2020) revealed the high

potential of digital technologies in solving the youth

migration problem, which was previously considered

unsolvable. In particular, the high-quality distance

education availability can sufficiently increase the

attractiveness of the Arctic territories for the young

people's life, study and development. The authors

suggest that the Arctic young people migration

outflow can be sufficiently reduced if the

digitalization opportunities are used.

5 CONCLUSIONS

The study allows to draw the following conclusions.

1. The artificial intelligence is an essential

condition for the future educational standards

development. Currently, in the education field, the

artificial intelligence is manifested in two aspects: as

a technology for the education sustainable

development and as an object of study within the

educational process.

2. The Concept of the Development of Regulation

of Relations in the Field of Artificial Intelligence and

Robotics Technologies until 2024 unreasonably

ignores the education field, which is not listed among

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the priority industry areas for regulating the use of

artificial intelligence. This situation does not

contribute to the education sustainable development

in the conditions of information and digital reality.

3. In relation to schoolchildren living in the Arctic

regions of the Russian Federation, the problem of

introducing in-depth study of native literature, culture

and traditional crafts is relevant. At the same time, it

is impossible to create artificial barriers to the

electronic and remote technologies development that

make it possible to participate in online webinars,

conferences, study electronic textbooks and books,

listen to electronic lectures and speeches.

4. Conditionally, the legal instruments for

stimulating the artificial intelligence technologies

introduction in the education field in the Arctic can

include experimental and innovative activities, the

definition and content of which is fixed in Article 20

of the Federal Law on Education. Of course, the goal

of these activities is focused on the education system

modernization and sustainable development.

ACKNOWLEDGEMENTS

The authors express their gratitude to the Russian

Foundation for the support of the scientific research

No. 20-011-00765 "The Constitutional and Legal

Mechanism for the Implementation of Social Rights

and Freedoms Using Artificial Intelligence: the Legal

Regulation Problems, Limits and Responsibility",

within the framework of which this article was

prepared.

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