Liability of a legal entity in criminal law in the refraction of legal personality of artificial intelligence

Abstract

The article examines certain features of the phenomenon of a legal entity, including the scope and content of the regulatory wording “on behalf of and in the interests of” a legal entity enshrined in the Criminal Code of Ukraine, as well as theoretical aspects of application of criminal law measures to a legal entity. The author makes a reasoned assumption that one of the main reasons for the emergence of the legal entity phenomenon as a full-fledged persona of legal relations was the need to remove all interested individuals from legal control and liability. The author considers the granting of a legal entity with a category of certain interests as an act of anthropomorphisation, i.e. transfer of positive and negative human traits and characteristics to a legal entity. From the issues under consideration, the author moves on to the legal status of an artificial intelligence algorithm, including the possibility and/or expediency of recognising it as a persona of legal relations. To answer the question of the limits and methods of liability of a legal entity or a highly developed artificial intelligence algorithm, the author proposes to look for weaknesses by analogy with those of a human. The author makes proposals for improving the provisions of the current legislation of Ukraine.