PROBLEMS OF THE CLASSIFICATION OF CRIMINAL OFFENSES COMMITTED THROUGH THE USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES

Abstract

The article examines the issues involved in the classification of criminal offenses committed through the use of artificial intelligence technologies, taking into account current trends in the development of the digital environment and the transformation of methods of criminal activity. It is substantiated that the spread of intelligent algorithms, generative models, automated data analysis systems, and digital platforms incorporating elements of artificial intelligence significantly affects the mechanism of committing criminally unlawful acts and complicates their detection, proof, and proper criminal-law assessment. It is determined that, from the criminal-law perspective, artificial intelligence should be regarded not as an independent subject of criminal liability, but as a means, instrument, method, or contextual element in the commission of a criminal offense.

The first part of the article reveals the criminal-law characteristics of acts committed through the use of artificial intelligence technologies and outlines the main forms of their manifestation in the sphere of encroachments upon property, information security, public safety, and human rights and freedoms. The second part focuses on the specific features of establishing the elements of a criminal offense when such technologies are used, in particular the determination of the object, objective element, subject, subjective element, form of guilt, causal link, and the limits of criminal liability of a person who uses algorithmic systems for unlawful purposes.

It is concluded that the current criminal legislation of Ukraine generally makes it possible to classify such acts; however, in the context of the rapid development of artificial intelligence, there is a need to clarify certain provisions of criminal law, develop uniform approaches to law enforcement, and deepen the doctrinal understanding of the role of artificial intelligence in the mechanism of criminally unlawful conduct.