Правовое регулирование систем искусственного интеллекта в международном частном праве

Пробелы в российском законодательстве. 2023. Т. 16. № 6. С. 99–105.

Pakshin P.

This article analyzes attempts to regulate artificial intelligence in international private law. The author notes that the problem of interaction between artificial intelligence and law is becoming increasingly relevant with each decade, and special attention should be paid to the fact that Russian legislation does not address the issue of legal recognition of the actions of artificial intelligence systems. The author draws attention to the prerequisites for the emergence of artificial intelligence, studies the features of its regulation in international private law, aspects of its functioning and the limits of its applicability, as well as legal liability. The author concludes that it is necessary to use a flexible approach, in which the scope of responsibility initially assigned to the creators of the artificial intelligence system gradually shifts from the creators to the systems themselves. The author draws attention to the fact that the use of artificial intelligence systems seems promising in the field of harmonization and unification of international private law, as well as monitoring compliance with ethical principles by parties in international arbitration. On the issue of the protectability of works obtained with the help of artificial intelligence, the author believes that artificial intelligence systems can be recognized only as the "actual author", and the author of the obtained object "from the point of view of law" must be a person. At the same time, the application of the concept of a "collective subject" to an "electronic person" represents the correlation of the legal capacity of artificial intelligence with the legal capacity of a legal entity and is the most specific and simple to implement.

Keywords: правовое регулирование, искусственный интеллект, международное частное право, международный коммерческий арбитраж, international private law, международный инвестиционный арбитраж, international commercial arbitration, international investment arbitration, digital law, цифровое право, legal regulation, artificial intelligence