University Scientific Notes

Subjects Of Civil Liability For Damage Caused By The Use Of Artificial Intelligence Under The Legislation Of The Eu And Ukraine

2025-05-03T23:45:13+00:00

The issues of civil liability for damage caused through the use of artificial intelligence are under examination. Trends in the development of legal doctrine have been identified, according to which such damage is, in certain cases, considered either as arising from a source of increased danger, or as a special tort, or as a general tort. The specific features of civil liability for damage caused by artificial intelligence are established. The necessity of developing improved approaches to the regulation of civil liability, taking into account the existing specificities, is substantiated. The legislation of the European Union regulating issues of civil liability for damage caused by the use of artificial intelligence has been analysed. The analysis reveals trends according to which: (1) liability is imposed on a person; (2) priority is given to the liability of the operator of the artificial intelligence system; (3) liability is distributed depending on whether the damage was caused by an artificial intelligence system classified as high-risk or not. The analysis also highlights the specific features of the European Union legislation, which establishes additional requirements for the operation and implementation of artificial intelligence systems classified as high-risk. This regulatory approach aims to protect society, individuals, and the environment from the potential harm such high-risk AI systems may cause. The analysis shows that the reliability of such systems can be ensured through the implementation of specialized technical solutions, including mechanisms for control, self-diagnosis, and risk assessment. It is also substantiated that all activities involving artificial intelligence in areas of increased danger, particularly in the operation of motor vehicles, unmanned aerial vehicles, and other sources of heightened risk, must be conducted exclusively under conditions of mandatory liability insurance. Such an approach forms a preventive mechanism for compensating potential risks.

The Standing Of International Humanitarian Law Within The Contemporary International Legal System

2025-06-12T13:03:32+00:00

The article presents both theoretical and practical reflections on international humanitarian law as a part of public international law. The author analyses the principle of legal certainty as an integral component and foundation of any normative legal regulation within a specific legal field. A correlation is drawn between international humanitarian law and related branches of international law, such as international criminal law and international human rights law. The study discusses the fundamental principles of international humanitarian law in the context of contemporary approaches to its interpretation as jus in bello, with references to previous definitions. The article analyses the definition of international humanitarian law in the context of balancing its two main principles: military necessity and humanity. A distinction is made between international humanitarian law and international human rights law. The study explores scholarly approaches to understanding the interrelationship and mutual influence of international humanitarian law and international human rights law based on the principles of complementarity and affinity. Consequently, the differences between international humanitarian law and international human rights law are identified. The author analyses practical examples of differentiating these branches of public international law at the present stage based on the lex specialis principle. The article also identifies future trends in the continued mutual development of international humanitarian law and international human rights law. It explores the influence of international criminal law on international humanitarian law, establishing that the field of international criminal law complements international humanitarian law, especially when it comes to the practical application of international criminal law norms in punishing acts that fall under the prohibitive norms of international humanitarian law. Finally, the article systematizes approaches to the integration of elements within the system of public international law.