The issue of determining the subjects of legal liability for harm caused by artificial intelligence: analysis of solutions

摘要

Abstract: Introduction. The current processes of digitalization, the development and implementation of artificial intelligence have an impact on many spheres of public life. Law is no exception. The danger emanating from artificial intelligence, associated with technical failures, errors, machine learning defects, causes a high probability of harm to legally protected public relations. In this regard, the issues of legal liability are becoming acute. The purpose of the research is to study the issue of determining the subjects of legal liability for harm caused by artificial intelligence, to analyze ways to solve it. Research methods. The author used the dialectical method of cognition, a set of general scientific methods of cognition (analysis, synthesis, induction, deduction), as well as a number of special methods of cognition (formal legal, comparative legal, systemic, functional). Results. As a result of the research, the author comes to the conclusion that today artificial intelligence cannot act as an independent subject of legal liability due to the fact that it is a technology, the implementation and its use needs legal regulation. Artificial intelligence is considered as an object of legal regulation. Only individuals and legal entities that ensure its functioning can be brought to legal liability for the damage caused by artificial intelligence. The idea of endowing artificial intelligence with legal personality, which is popular in science today, leads away from real issues that need to be solved to ensure its development and large-scale use. The author suggests focusing on those forms of artificial intelligence that surround us at the moment, and considering theoretical and practical issues as applied to them. Not only robotic devices can act as such forms, but also various programs (software) that do not have a cyber-physical shell.