University Scientific Notes

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

Ievgen MICHURIN — Fri, 02 May 2025 00:00:00 +0000

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

Viktoriia DZIUBA — Thu, 12 Jun 2025 10:50:27 +0000

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.

Experience Of The Republic Of Poland Regarding The Normative And Legal Definition Of The Concept Of Corruption

Vasyl FRANCHUK, Oleksiy AVRAMENKO — Fri, 20 Jun 2025 00:00:00 +0000

The scientific works are studied, as well as the provisions of the current legislation of the Republic of Poland in terms of the regulatory and legal definition of the concept of corruption. The theoretical justifications of Polish scientists regarding the need to consider the phenomenon of corruption through the prism of processes inherent in today's socio-economic realities are established. Common and distinctive features of the method of legally enshrining the definition of “corruption” in the legislation of Ukraine and the Republic of Poland are identified. The absence of a definition of the concept of “illegitimate benefit” and a broad interpretation of its forms due to the use of the attribute “any” are revealed. Therefore, the establishment of property and personal benefit and, as a result, its illegality is a rather general and unclear process that requires recourse to judicial practice. The article emphasizes the differences in the legislative definition of the terms “unlawful benefit” and “unlawful advantage”, as well as their definitions in the theory of criminal law. Even though the Civil Code of the Republic of Poland contains the concept of “unlawful advantage”, the use of its features when establishing “unlawful benefit” is erroneous. Unlawful advantage is a special (separate) type of unjust enrichment, which significantly narrows the list of possible forms of unlawful benefit. It is found that bringing a person to criminal liability for committing acts of corruption is possible not only by applying the legal norms of the Criminal Code of the Republic of Poland, but also by applying the provisions of other laws. Some legislative acts were identified that contain an indication of the unlawful behaviour of a person and possible forms of punishment in the event of committing such an act (Laws of the Republic of Poland “On Pharmaceutical Law” and “On Reimbursement of Medicinal Products, Special Food Products and Medical Products”). It was established that despite the provision of a separate Chapter XXIX “Crimes against the activities of state bodies and local self-government bodies” in the Criminal Code of the Republic of Poland, there are some articles from other Chapters that indicate criminal liability for corruption offenses (electoral, administrative, economic, creditor, tender, etc. corruption). The provisions of several Polish laws establishing criminal liability for corruption-related offenses have been analysed. Discrepancies have been identified between the Ukrainian and Polish legal systems, particularly in the area of extra-codified criminal law provisions. Drawing on the analysis of current Polish legislation and the doctrinal positions of Ukrainian criminal law, potential approaches for incorporating foreign experience to address specific issues have been proposed.

The National Bank Of Ukraine As A Party To A Court Proceedings

Svitlana BYCHKOVA, Andriy TSVYETKOV — Mon, 23 Jun 2025 00:00:00 +0000

The purpose of the article is to determine the procedural status of the National Bank of Ukraine in administrative, civil, and commercial cases, as well as to develop scientifically sound proposals for improving the current legislation governing the activities of the National Bank of Ukraine. It has been established that the correct determination of the procedural status of the National Bank of Ukraine is complicated by its plural legal nature, since it may be a party to a court case and act on its behalf as a subject of authority or as a party to civil or economic relations, and also act in court on behalf of the State represented by the National Bank of Ukraine as the relevant public authority within its competence. Therefore, in each particular case, one should proceed from the essence of the disputed legal relationship to consider which entity is their direct participant, and what rights and obligations arise from such legal relationship. When determining the entity that will compensate for the damage caused by the National Bank of Ukraine (its officials), one should proceed from the nature of the legal relationship that will determine the application to a judicial institution for protection. If the claims are related to the activities of the National Bank of Ukraine as a public authority, they will be based on Articles 1167, 1173–1175 of the Civil Code of Ukraine; if such requirements are made to the National Bank of Ukraine as a party to civil or commercial relations, they should be guided by Articles 1166, 1167, 1172 of the Civil Code of Ukraine. In addition, given the plural legal nature of the National Bank of Ukraine, the issue of appealing a decision, acts, or omissions by the National Bank of Ukraine itself or its officials and employees, and engaged experts should be resolved. In administrative, civil, and commercial proceedings, the National Bank of Ukraine may be granted one of the following procedural statuses of a party to a case: plaintiff, defendant, third party, bodies, and persons, who are entitled by law to bring an action in the interests of others. Besides, in cases specified by law, the National Bank of Ukraine acts in court proceedings on behalf of the State. In this case, we can speak of its self-representation. Given the existence of general rules on compensation for damages, as well as provisions on the procedure for appealing against decisions, acts or omission by public authorities, it seems inappropriate to enshrine special rules on filing claims against the National Bank of Ukraine in the Law of Ukraine “On the National Bank of Ukraine”, as they lead to conflicts in the legal regulation of the relevant issues and do not consider plural legal nature of the central bank of Ukraine. In this regard, it is proposed to exclude Parts 2, 3 and 5 of Article 64-1 of the Law of Ukraine “On the National Bank of Ukraine”, while supplementing this Law with a new article “Liability for damage caused by the National Bank of Ukraine and persons associated with the National Bank of Ukraine”.