Безпілотний транспорт: проблеми правового регулювання

Abstract

The article deals with issues of legal regulation of unmanned vehicles nowdays. The author has analyzed the codified and sectoral transport legislation and regulations concerning the existence of norms regulations the operation of certain types of unmanned vehicles. He has found that in the domestic legal framework only the Air Code of Ukraine as well as other regulations governing the use of airspace differ from these provisions in this area. The author’s attention has been paid to the state of legal regulation of unmanned road transport and its importance for road safety. The situation related to the introduction of unmanned vehicles by world leading car-manufacturers has been highlighted. The existing levels of autonomy of unmanned vehicles, the role of artificial intelligence in driving them as well as the significance of these levels for the legal regulation of unmanned vehicles operation have been studied. The author has noted the lack in the national legislation and road safety rules of instructions on the legal regulation of unmanned vehicles operation, and hence the lack of a legal basis to establish legal liability for torts with its participation. He has made proposals to improve legal regulation and determination of the perpetrators range of unmanned vehicles torts. He has considered the issue of “ethics” of the artificial intelligence behaviour when it gets into dangerous situations while driving and possible harm to people and vehicles involved in it. The author has made a set of recommendations and proposals necessary for legislative and by-law regulation of the safe operation of unmanned vehicles in Ukraine.