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April 12, 2026BRICS Law Journal0 citationsOpen Access

Governing the Inevitable: Legal Priorities for the Development of Political Institutions in the Age of Artificial Intelligence

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EKE. KabyshevKutafin Moscow State Law University

Key Points

  • The aim is to explore the constitutional challenges AI presents to democratic institutions and propose legal responses.
  • Analysis of systemic challenges arising from AI in the political sphere
  • Examination of risks such as algorithmic discrimination and misinformation
  • Proposal of legal principles for regulating AI, including governance strategies
  • AI threatens democratic processes through manipulation and concentration of power
  • Eight legal principles for AI regulation are proposed to safeguard electoral integrity
  • A call for national AI models and mandatory audits to ensure legitimacy in governance

Abstract

This article examines systemic constitutional challenges arising from the diffusion of artificial intelligence (AI) into the political sphere. It argues that AI is reshaping democratic institutions by generating risks of substituting public deliberation with opaque algorithmic processes, fostering algorithmic discrimination, enabling information micro-manipulation, and concentrating power in the hands of technology holders. Particular attention is devoted to the threat posed to the socio-humanistic paradigm in the context of a normative choice between classical humanism and transhumanism. As a response to these challenges, the article proposes a framework of eight legal principles for AI regulation, including state-level strategic governance, the “human-in-the-loop” principle, anthropological primacy, digital equality, and managed transparency. Within the electoral context, the analysis highlights specific risks such as microtargeting, “dark advertising,” deepfakes, and automated bots, which undermine electoral integrity and facilitate manipulation of voters’ will. The article concludes that ensuring the sovereignty and legitimacy of political institutions in the digital age requires the development of national AI models and robust legal regulation, including mandatory algorithmic audits and the prohibition of manipulative technologies.

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Cite This Study

E. Kabyshev (2026) studied this question.

synapsesocial.com/papers/69db38534fe01fead37c69c3https://doi.org/10.21684/2412-2343-2026-13-1-8-16
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