Artificial intelligence in criminal legislation of Ukraine
AbstractIn this article, the development of progress, which is constantly accompanied by a certain spectrum of negative phenomena that are generated by this phenomenon, and the problem of criminal responsibility of artificial intelligence is explored. Scientific researches and observations on the progress of humanity in the stages of civilization are analyzed, which does not indicate a decrease in certain excesses that should be inherent in the essence of progress, but in some places, on the contrary, is determined by the growth of social inequality, aggression, wars, armed conflicts, terrorist acts and other dangerous phenomena, and delicacies. In this context, both supporters and opponents of the introduction of artificial intelligence express many reservations about the serious threats that may arise in the course of this process, in particular: a significant increase in unemployment in certain spheres of material production; loss of a significant number of jobs in non-productive sectors; the disappearance of a number of professions and specialties; the danger that becomes an integral part of society, and therefore the functioning of cybernetic technologies with elements of artificial intelligence is a social relationship requiring criminal law protection. At the same time one of its actual aspects is the problem of criminal liability of artificial intelligence and prevention of socially dangerous delicacies associated with its use. It is obvious that the latter, as well as many other achievements of scientific and technological progress, can be used both for committing crimes and act as a source of causing socially dangerous consequences or creating a threat of causing significant damage to its creator - the person. This publication also explores the question: "How should the criminal liability of artificial intelligence be regulated in situations of causing them socially dangerous consequences in a certain area of its functioning? What legal means should help to prevent the most dangerous challenges associated with the activity of artificial intelligence in the relevant areas?" At the same time, the question of the possibility of responsibility of a robot-autopilot or other cybernetic system with elements of artificial intelligence in domestic criminal law is investigated, which is problematic even if it is given to it as an agent of a legal entity, since no theory or criminal law of Ukraine is yet recognized legal person as the subject of a crime. However, Ukraine's attempts to adapt domestic legislation to EU standards can not overlook its recommendations regarding "the provision in the future of robots with a special legal status, within which the most advanced stand-alone work can be created as an electronic person and be responsible for the damage they cause in in those cases when they make decisions autonomously or otherwise interact independently with third parties" The position is argued that artificial intelligence, physically embodied in the object of robotics, should be considered as the subject of legal relationships, perhaps somewhere between the legal entities and individuals, combining their individual features with due regard to the specifics. Perhaps artificial intelligence can simultaneously be considered both as an object and as a subject of law. This article analyzes research in the field of robotics and their implemented results that already have a significant impact on the lives of modern societies. It is noted that the possibility of artificial intelligence, which is equal to or exceeds human intelligence, is quite real and possible that can be achieved in the near future in the coming decades. Inevitably, the time comes when mankind will share the environment of its existence with artificial intelligence. A rather real and perspective is the possibility of recognizing artificial intelligence as the subject of legal relationships, giving it the legal status of "electronic personality (electronic person)". It is substantiated a completely realistic prospect of application of criminal-law measures to artificial intelligence, the appearance in this regard of a special section of the Criminal Code of Ukraine section under the conventional name XIV-2 "Measures criminal-legal nature of electronic entities". In this article, the following research methods were used: the method of historical analogy, modeling, generalization and the method of systematization. The theoretical foundations of the research were used also.
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