Abstract

This article analyzed attempts to legally regulate artificial intelligence in private international law. The author notes that the problem of interaction between artificial intelligence and law is becoming more and more urgent with each decade, and the fact that there is no solution to the issue of legal recognition of the actions of artificial intelligence systems in Russian legislation deserves special attention. The author draws attention to the prerequisites for the emergence of artificial intelligence, studies the features of its regulation in private international law, aspects of functioning and the limits of its applicability, as well as legal liability. The author comes to the conclusion that it is necessary to use a flexible approach in which the amount of responsibility initially assigned to the creators of the artificial intelligence system is gradually shifting from the creators to the systems themselves. The author draws attention to the fact that the use of artificial intelligence systems seems promising in the field of harmonization and unification of norms of private international law, as well as monitoring the observance of ethical principles by parties in international arbitration. Speaking about the security of works obtained with artificial intelligence, the author believes that it is possible to recognize artificial intelligence systems as an “author-in-fact”, but the “author-in-law” should be a person. At the same time, the application of the concept of “collective subject” to an “electronic person” is a correlation of the legal personality of artificial intelligence with the legal personality of a legal entity and is the most specific and easy to implement.

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