Publication date: 28.05.2024
Legal aspects of artificial intelligence and autonomous systems in Ukraine
Artificial intelligence (AI) and autonomous systems are rapidly becoming an integral part of modern society. They are capable of transforming various industries, from medicine to transportation, but also raise numerous legal issues. In this article, we will examine the legal aspects of AI and autonomous systems in the context of Ukrainian legislation.
Definition and classification
As of today, there is no specific legislation in Ukraine that would fully regulate issues related to AI and autonomous systems. However, there are general legal norms that can be applied to these technologies.
Artificial Intelligence
AI can be defined as a system that is capable of performing tasks that normally require human intelligence, such as speech recognition, decision making and problem solving. In the international context, there are different approaches to the definition of AI and Ukraine needs to develop its own definition to ensure legal certainty.
Autonomous systems
Autonomous systems are a subset of AI and include technologies that can operate without human intervention. Examples are autonomous vehicles and robots. The legal regulation of such systems requires special attention due to potential safety and liability risks.
Regulation and liability
Civil law
One of the key issues is the determination of liability for the actions of AI and autonomous systems. In Ukraine, liability for harm caused by robots or other autonomous systems may be imposed on the manufacturer or operator of such systems under civil law.
Tort liability
According to Article 1166 of the Civil Code of Ukraine, the person who caused the damage is obliged to compensate for it. In the case of AI and autonomous systems, owners or operators may be liable for damages caused due to improper functioning or defects of the system. You may be interested in the following articles: attorney consultation, lawyer consultation, lawyer consultation, document analysis, legal analysis of a situation, legal analysis of a situation, written advice, lawyer document review, lawyers documents, lawyer help online, lawyer online, legal opinion, lawyer legal opinion, lawyer online.
Contractual Liability
The use of AI in commercial transactions may require specific provisions in contracts governing liability for AI performance. This may require both technical and legal audits to ensure compliance with the contract.
Criminal Law
The Criminal Code of Ukraine does not contain specific norms on the use of AI, but general provisions may be applicable. For example, if an autonomous system is used to commit a crime, the persons who installed or controlled the system may be liable.
Intellectual property
Intellectual property legal issues are another important area. In Ukraine, copyrights and patents are regulated under the Law of Ukraine "On Copyright and Related Rights" and the Law of Ukraine "On Protection of Rights to Inventions and Utility Models".
Copyright
If an AI creates a work, the question arises as to who is its author. Ukrainian legislation does not yet contain norms that would clearly define the rights to works created by AI. It is believed that copyright belongs to the one who creates the software running on AI.
Patent rights
In the case of inventions created with the help of AI, the rights may belong to the company that owns the software or to the persons managing its operation. Ukrainian legislation requires clearer rules to regulate such situations.
Protection of personal data
The use of AI is often associated with the processing of large amounts of personal data. In Ukraine, the protection of personal data is regulated by the Law of Ukraine "On Protection of Personal Data".
