MAIN ISSUES IN THE SPHERE OF INTERNATIONAL LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE

Аннотация

The article is devoted to an overview of key issues related to the legal regulation of artificial intelligence. The author notes that there are no unified positions regarding the legal regulation of AI. One group of scientists considers the legal regulation of AI necessary, while others warn that excessive regulation may hinder the development of AI. The article highlights the following key issues: the content of the concept of "artificial intelligence" (AI), the legal personality of AI, i.e. the issue of recognizing AI as a subject of law, the liability of AI in the event of harm. The author notes that at the moment there are many definitions of AI, the issue of recognizing AI as a subject has not been resolved unambiguously, however, the so-called theory of fictitious legal personality of artificial intelligence prevails, which assumes giving the legal status of AI certain features inherent in the status of legal entities. The article provides examples of legal regulations in the EU, as well as examples of cases from judicial practice on the recognition of AI as a subject of law. Keywords: artificial intelligence, electronic person, legal personality of AI, fictitious legal personality of AI, liability of AI. At the moment, many different acts devoted to AI ethics have been adopted around the world within the framework of international organizations and in individual countries. In order to ensure clear legal regulation of activities in the field of AI, it is initially necessary to define the legal content of the term "artificial intelligence" itself, as well as to identify its basic features. Despite the intensive development of AI and the dynamic development of scientific debate in this area, there are still no unified approaches to defining AI. One reason for the lack of a unified definition of the concept of "artificial intelligence" is the interdisciplinary nature of approaches to understanding this issue, since the implementation of scientific research in the field of artificial intelligence requires the unification of knowledge from various scientific fields. [5]. In other words, the definition of artificial intelligence depends on the discipline in which the phenomenon is considered. 175 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference One of the definitions was proposed by the High-Level Expert Group on Artificial Intelligence (AI HLEG) of the European Commission within the European Union in a report presented on April 8, 2019 [8]. In this document, the Group distinguishes between the concepts of artificial intelligence systems as such and artificial intelligence as a scientific discipline. Artificial intelligence systems are defined in the report as "systems that exhibit intelligent behaviour by analysing their environment and taking actions — with a certain degree of autonomy — to achieve specific goals." There are many other options for defining the concept of "artificial intelligence", however, there is no generally accepted definition enshrined in an international legal document. At the same time, it is possible to note the similarity of researchers' opinions regarding the basic characteristics of artificial intelligence, in particular, that systems based on artificial intelligence are systems that make critical decisions without human participation. The European Parliament resolution "Civil Law Rules on Robotics" of 17 February 2017 notes the need to develop common concepts for such terms as "cyber-physical systems", "intelligent autonomous robots" taking into account the following features: 1) the ability to be autonomous and exchange data; 2) the ability to learn from experience; 3) the presence of minimal physical support; 4) the ability to adapt to the external environment; 5) the absence of life [2, C.26]. It is important to emphasize that to date, no official document contains a normative definition of the concept of "artificial intelligence", although the term itself is actively used in many countries, along with such terms as "robots". Thus, modern science has not developed a uniform understanding of artificial intelligence. Today we can talk about many definitions of artificial intelligence, since the areas of its application are very wide. The above raises the question of determining the content of the concept of "artificial intelligence" and its recording in legal texts. The lack of a clear legal definition of artificial intelligence hinders the resolution of other legal issues, in particular such issues as the legal personality of artificial intelligence, liability for harm caused by the use of artificial intelligence. Thus, the military use of artificial intelligence violates the most basic natural and inalienable human right - the right to life. Currently, artificial intelligence is developing in almost all areas of activity of the armed forces of many states. 176 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference Anothe