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

Abstract

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.