NEW OBJECTS OF LAW CREATED BY DIGITAL TECHNOLOGIES AND LEGAL CONSEQUENCES OF LEGAL RELATIONS WITH THEM

Abstract

In this article, the authors highlight the issues of the legal status of artificial intelligence. The authors note that the development of new technologies, to one degree or another, necessitates the legal regulation of emerging new social relations, including those related to digital technologies and artificial intelligence. At the same time, the authors distinguish two aspects related to the recognition of artificial intelligence as a subject of law, as well as a subject of legal relations. The first aspect, according to the authors, is related to the fact that if artificial intelligence is recognized as a subject of law and a subject of legal relations, then in this case artificial intelligence is recognized as having legal capacity, legal capacity and tortiousness, i.e. artificial intelligence will have the legal personality that humans have. The second aspect is related to the fact that if artificial intelligence is recognized as a subject of law and a subject of legal relations, would it be ethically and morally correct to simultaneously declare artificial intelligence both a new object of law and a new object of civil law in particular? According to the authors, one cannot be a subject of law and a subject of legal relations and at the same time be an object of law and an object of legal relations. At the same time, the authors appeal to the current legislation, which recognizes individuals and legal entities as subjects of law and subjects of legal relations, but at the same time does not recognize them as objects of law, including objects of civil law. In addition, the authors briefly cover the issues of digital law in the article. In particular, the authors agree with the thesis that digital law can be considered both in an objective and subjective sense. At the same time, the authors believe that today there is a need to develop a draft Digital Code of the Republic of Kazakhstan, despite the fact that the literature suggests that the development of a draft Digital Code is premature as of 2022-2024.