Theoretical approaches to the definition and legal regulation of artificial intelligence

Abstract

This article is devoted to the analysis of approaches to the legal regulation of artificial intelligence. At present time, issues of regulation of artificial intelligence and its impact on the exercise and protection of human rights are being at the stage of active development in the studies of scholars, mainly from European countries, and are less covered in scientific studies of scholars in Ukraine and other countries of the former Soviet Union. Given the trends of rapid development of artificial intelligence technologies, it can be presumed, that in the nearest future this topic will become the focus of many scholars in jurisprudence. In order to determine the place of artificial intelligence technologies in the legal system, it was conducted a general analysis of approaches to the legal regulation of this technology.
 The analysis provides the review of the structure of legal regulation on the example of scientific developments and conclusions of the Council of Europe, as well as provides alternative approaches to definition of the subject-object nature of the concept of "artificial intelligence". Some scholars suggest legal regulation of "artificial intelligence" as an object of legal relations which is fully made and controlled by human. Other scholars suggest that "artificial intelligence" should be given subjective legal capacity, considering it as an autonomous and capable of taking responsibility for its own actions. The article provides the analysis the basis and possible consequences of the implementation of these two approaches in legal systems. The article also covers the rights and responsibilities of developers, owners and people who use artificial intelligence. The article partially covers the hybrid model of legal relations, in which part of public relations is exercised without human being.
 It also defines the positive and negative consequences of the application of the approaches proposed by scholars.
 The author emphasizes the low amount of studies concerning legal approaches and the lack of unified approach that could be applied in practice.