Main approaches to the legal regulation of the use of artificial intelligence in education

Abstract

The article is devoted to the contemporary issues of risk assessment and legal regulation of the use of artificial intelligence in education. It discusses the main concerns about the use of artificial intelligence: academic dishonesty, emotional and discriminatory evaluation, leakage of personal data, and the loss of jobs by educators. The article also provides an overview of the main directions of legal regulation aimed at protecting against these risks.
The provisions of the EU AI Act regarding the classification of AI use in education as a high-risk activity have been analyzed. The necessity of local regulatory frameworks for AI use with mandatory disclosure of its application, limitation of automated assessment to algorithmic tasks only, and preservation of human oversight has been substantiated.
Particular attention is devoted to the issue of academic integrity in the context of AI use, which is proposed to be addressed based on the general understanding of plagiarism, but with enhanced focus on local regulation and standardization of acceptable boundaries for AI technology use in various types of academic work. The problem of the absence of emotional intelligence and context in automated assessment is examined, which may lead to erroneous or discriminatory results, thereby substantiating the impossibility of fully transferring assessment functions to AI systems without human oversight.
Based on the conducted analysis, it has been demonstrated that, subject to compliance with international standards, particularly the requirements of the EU AI Act, the use of AI in the educational process will not lead to mass job losses among educators, as human control remains a prevailing and internationally recognized essential safeguard of the educational process. The author substantiates that the role of educators in light of AI technology implementation is being transformed rather than eliminated; on the contrary, it acquires new important functions of control, ethical guidance, and quality assurance in education.