THE LEGAL NATURE OF AI
Abstract
The article examines the theoretical and legal aspects of determining the legal nature of artificial intelligence in the context of the rapid development of digital technologies and the transformation of social relations. It considers the main scientific approaches to defining the place of artificial intelligence within the legal system, issues related to its legal status, the possibility of recognizing it as an independent subject of legal relations, as well as the problems of determining legal liability for actions performed using artificial intelligence technologies. Particular attention is paid to modern models of legal regulation of artificial intelligence, issues of personal data protection, intellectual property rights, and ensuring a balance between the development of innovative technologies and the observance of fundamental human rights and freedoms.
References
1. Commission of the European Communities. (2020). White Paper on Artificial Intelligence – A European approach to excellence and trust. COM(2020) 65 final.
2. European Commission. (2020). Report on the safety and liability implications of Artificial Intelligence, the Internet of Things and robotics. SWD(2020) 64 final.
3. European Commission. (2022). Proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive). COM(2022) 496 final.
4. European Commission. (2022). Proposal for a Directive on liability for defective products. COM(2022) 495 final.
5. American Law Institute. (2024, October 22). Principles of the Law, Civil Liability for Artificial Intelligence. Press release.
6. Bertolini, A. (2020, July). Artificial Intelligence and Civil Liability. Policy Department for Citizens’ Rights and Constitutional Affairs, European Parliament.
7. Bertolini, A., & Episcopo, F. (2021). The Expert Group’s Report on Liability for Artificial Intelligence and Other Emerging Digital Technologies: A critical assessment. European Journal of Risk Regulation, 12(3). - p.245.
8. Pinsent Masons. (2024, December 20). Revised EU product liability regime expands to AI software providers. Out Law Analysis.
9. Chambers and Partners. (2025, May 22). Artificial Intelligence 2025: Japan – Liability for AI. In Artificial Intelligence 2025, Global Practice Guides.
10. Sharkey, C. (2024, September 25). Products liability for artificial intelligence. Lawfare.
