Modern Requirements of the Legal Support of Artificial Intelligence: a View from Russia

Abstract

At the present stage of the society’s development the artificial intelligence is quickly widening its possibilities. These changes raise the issue of applying norms, including international law norms, to solve problems connected with the essence and technical protocol of using artificial intelligence. The article is devoted to the problems of legal regulation of the creation and use of artificial intelligence and the development of the conceptual framework and the definition of artificial intelligence according to the widely recognized scientific theories; the analysis of doctrinal approaches to the understanding of the place of artificial intelligence in legal relations; the evidence that giving artificial intelligence the status of a person is not legally grounded; the critical analysis of the ideas put forward by some American researchers that artificial intelligence should comply with the whole set of laws currently used for its human producer and operator. The authors study the legislation on the legal regulation of relations between the human and artificial intelligence in such countries as the Republic of Korea, the USA, Japan, the People’s Republic of China, the Republic of Estonia, the Federal Republic of Germany and the Russian Federation, as well as the European Union. They present various approaches to the classification of artificial intelligence’s features. The authors also examine the problem of defining the legal personality of an «electronic person»; analyze the necessity of making the owner liable for the compensation of moral and material damage inflicted by the «electronic person». The article also discusses key problems of enforcing the legal norms regulating intellectual property and copyright, criminal liability and participation in criminal proceedings within the framework of using artificial intelligence. The authors analyze key risks and uncertainties connected with artificial intelligence and crucial for improving relevant legislation. They work out suggestions for the future discussion of the following issues: the applications of artificial intelligence at the contemporary stage; development prospects in this sector; legally relevant problems researched of this sphere and the problems connected with the use of the existing and the development of new autonomous intelligence systems; the development of new strategies and legal norms to bridge the gaps in the legal regulation of using artificial intelligence, including using it as a participant in criminal proceedings; creation of the concept of liability in the sphere of using artificial intelligence, including the criminal one.