On the Concept of Artificial Intelligence and the Basics of its Regulation in International and Russian Law

Abstract

The article covers the study of the issues of the concept of artificial intelligence and certain problematic aspects of the legal regulation of its use. The authors analyze the concept of artificial intelligence in domestic and foreign legislation, foreign and national doctrine. Currently the absence of a single concept of artificial intelligence is caused by both the initial stage of development of the legal regulation of the phenomenon under study, and the lack of its uniform understanding in academic community. The development of a single definition of the concept under study is possible with gaining experience and the regulatory framework in this area. Taking into account the availability and prospects for the creation of various types of intelligent systems, it is proposed to take a differentiated approach to their legal regulation, establishing the appropriate legal regimes. The authors analyze domestic and foreign legislation governing the legal regulation of artificial intelligence and the principles of its use. Among the problematic aspects are the issues of determining artificial intelligence as a legal subject, the peculiarities of liability in case of violation of the rights of parties to civil transactions by activities related to the use of artificial intelligence technologies. The question of whether artificial intelligence is a legal subject is debatable. Currently, in most legal orders, artificial intelligence systems are not recognized as having consciousness (capable of creating and reproducing subjective decisions). However, the practice of applying the norms of intellectual law has led to the recognition in certain jurisdictions of authorship of the artificial intelligence system. The authors conclude that, when determining the limitations of liability in relations linked to the use of artificial intelligence systems, it is necessary to use both existing legal structures, such as mixed liability in case of joint infliction of harm; liability for harm caused by activities that create an increased danger to others; the responsibility of the manufacturer for the quality of goods (services) to the consumer, and the direct fixing in the current civil legislation of special rules that determine the specifics of liability when using artificial intelligence.