ARTIFICIAL INTELLIGENCE AND THE PROBLEMS OF CIVIL LIABILITY
Synopsis
The article focuses on the problems of determining the civil liability of artificial intelligence with due regard to the real risks which humanity faces in everyday life due to the widespread use of artificial intelligence systems: damage caused by autonomous vehicles, medical or household artificial intelligence systems, etc. The need to study the issues of civil liability of artificial intelligence is due to the following questions that need to be answered: do the current regimes of civil liability provide a reliable basis for addressing the problems associated with harm caused by artificial intelligence systems, especially those based on machine learning; what are artificial intelligence systems from the point of view of law; is liability possible when it is impossible to establish whose actions caused the harm? The author analyses the concepts of legal scholars on legal personality and civil liability of artificial intelligence, as well as the provisions of the documents regulating the relevant relations (Resolution on the civil law regulation of robotics with recommendations for the European Commission of 16 February 2017, Ethics guidelines for trustworthy AI, White Paper on Artificial Intelligence: A European approach to excellence and trust, published on 19 February 2020 (White Paper On Artificial Intelligence - A European approach to excellence and trust, Artificial Intelligence Liability Directive, EU Product Liability Directive (PLD), EU Artificial Intelligence Act (AI Act). The author concludes that it is necessary to establish no-fault liability for AI systems with a high risk of liability. The author proves that the rules on liability for the quality of products and services should be applied to other cases of damage. The author also proves, both at the doctrinal and legislative levels, the need to determine the legal status of such an entity as an “electronic person” with recognition of it as a quasi-legal entity and granting it with the appropriate scope of tort capacity.
