Artifical intelligence in the system of civil rights objects

Abstract

The proposed article is devoted to researching the legal nature of artificial intelligence and outlining its place in the system of civil rights objects. The authors note that the scientific and technological progress of recent decades is impressive and opens up to humanity the knowledge of new possibilities of artificial intelligence and the “penetration” of the latter, practically, in all spheres of social life. The emergence of artificial intelligence gives rise to a number of problems of both general and special nature, including legal issues that require their urgent solution. Thus, questions regarding the definition of artificial intelligence as an object or subject of civil legal relations are becoming relevant; delineation of legal personality of artificial intelligence; issues of implementation of civil rights and responsibilities of AI; guarantees of protection of relevant rights and legal liability.Today, at the level of the current civil legislation of Ukraine and international legal acts, there are not enough legal norms that would properly regulate social relations related to artificial intelligence, and the adopted legal acts generate even more questions than answers. All this substantiates the relevance of the chosen topic of the scientific article.Thus, on February 16, 2017, the European Parliament adopted a Resolution on the civil law regulation of robotics with relevant Recommendations for the European Commission. This document is perhaps the only one in the world, in the provisions of which, albeit superficially, certain issues are resolved, in particular, the concept of «electronic person» is given; it is proposed to give a single normative definition of «artificial intelligence» in the future; it is proposed to develop a system of classification and registration of electronic persons; to develop a new system of reports for companies that use the help of robots, as well as to write down as a separate item indicators of the impact of robotics on the economic results of companies; create a special body - the EU Agency for Robotics and Artificial Intelligence and give it competence on technical, ethical and regulatory issue.Taking into account the integration course of Ukraine into the European Community, as well as the use, already today, in various spheres of life of artificial intelligence, on December 02, 2020, the Decree of the Cabinet of Ministers of Ukraine adopted the Concept of the Development of Artificial Intelligence in Ukraine, according to the provisions of which artificial intelligence is an organized aggregate information technologies, with the use of which it is possible to perform complex complex tasks by using a system of scientific methods of research and algorithms for processing information obtained or independently created during work, as well as to create and use own knowledge bases, decision-making models, algorithms for working with information and determine ways achievement of set tasks; the field of artificial intelligence is a field of activity in the field of information technologies that ensures the creation, implementation and use of artificial intelligence technologies.In addition, it should be noted that the civil legislation of Ukraine is in a state of recodification of all legal institutions of civil law. Therefore, the updated Civil Code of Ukraine envisages the legal consolidation of artificial intelligence as an independent object of civil rights in the system of objects of civil law in general.Having conducted a scientific study, the authors come to the following conclusions: artificial intelligence should be considered as an object of civil legal relations in relation to which it arises; artificial intelligence is an object of civil rights, as an option, a thing that can be sold, bought, gifted, exchanged, etc., or an object of intellectual property rights created as a result of creative, intellectual activity of a person; Ukrainian society is not ready to accept artificial intelligence as a subject of legal relations and the legislator to endow the latter with appropriate legal personality, because this, among other things, violates the concept of Ukrainian civility in general; with regard to legal responsibility for damage caused by artificial intelligence, the norms of the current legislation on activities related to the source of increased danger should be applied and it rests on the owner of artificial intelligence. In addition, it is necessary to apply the legislation on the protection of consumer rights to the relevant legal relations, and to strengthen the requirements of the legislation regarding the safety of life, health and property of a person, as well as the safety of the natural environment, to artificial intelligence (its technical requirements).