Summary:

The article considers the conceptual foundations of the functioning of artificial intelligence and its impact on criminal law relations. It have been analyzed the doctrinal and legislative sources on which the development of an effective model of criminal legal regulation of these processes should be based.

It is emphasized on digitalization as a driving factor of fundamental changes, which forms the legal digital reality. Its transformative potential is developing due to the growing availability of big data, artificial intelligence, increasing capacity of modern computers, new blockchain technology platforms, Internet of Things, cloud services, virtual reality, social networks and platforms, cybersecurity, electronic services, etc.

It is emphasized the controversy of the definition of the term “artificial intelligence”. It have been presented the arguments in favor of granting to artificial intelligence the status of “electronic person”, which is due to the rapid development of this innovative digital tool and the acquisition of intellectual qualities that equal or exceed human ones, which is the basis for recognizing such a person as a subject of criminal-legal relations and a subject of a criminal offense”. The opposite opinion is based on the fact that human intelligence belongs to a subject endowed with consciousness, but what is called artificial intelligence refers to an object, that is, technology, machines that are not able to empathize, to create, etc., therefore, the attribution of a set of information technologies to unique qualities of a person, in the context of their criminal legal dimension, is a manifestation of the dehumanization of law in general, and criminal law in particular.

Keywords: digitalization of law, digital transformations, artificial intelligence, criminal-legal relations, conceptual foundations, philosophy of artificial intelligence.

References

1. Bayrachnyi, V. (2016), “Transformation of social responsibility in the dynamics of social development”, Bulletin of the National University “Yaroslav Mudryi Law Academy of Ukraine”, Series: Philosophy, No. 2, pp. 202–210.
2. Dahilyan, O. and Dzoban, O. (2020), “Ambivalence of the dynamics of the information society development”, Modern society, man, law in the context of global transformations, Pravo, Kharkiv.
3. Rabinovych, P. (2021), Fundamentals of the theory and philosophy of law, Medicine and Law, Lviv.
4. Radutnyi, O. (2018), “Subjectivity of artificial intelligence in criminal law”, Law of Ukraine, No. 1, pp. 123–136.
5. 5.Bruneault,, Laflamme, A. (2020), “AI ethics: how can information ethics provide a framework to avoid usual conceptual pitfalls? An overview”, AI & Society, Vol. 36, Issue 3, pp. 757–766.
6. Çali, B. (2020), “The Case for the Right to Meaningful Access to the Internet as a Human Right in International Law”, The Cambridge Handbook of New Human Rights: Recognition, Novelty, Rhetoric, Cambridge University Press, pp. 276–284.
7. Cardon, D. (2019), Culture numérique, Presses de Sciences Po, Paris.
8. Castells, M. (1996), The Information Age: Economy, Society and Culture, Blackwell, Oxford.
9. Bharadwaj, A., El Sawy, O., Pavlou, P. and Venkat Venkatraman, N. (2013), “Digital Business Strategy: Toward a Next Generation of Insights”, MIS Quarterly, Vol. 37, Issue 2, pp. 471–482.
10. Dąbrowska, J., Almpanopoulou, A., Brem. A., Chesbrough, H. and etc. (2022), “Digital transformation, for better or worse: a critical multi-level research agenda”, R&D Management, Vol. 52, Issue 5, pp. 930–954.
11. Ennan, R. (2024), “Digitalization of Law and formation of digital Law”, Scientific Bulletin of Uzhhorod National University, Series: Law, Vol. 83, Issue 1, pp. 200–205.
12. Floridi, L. (2019), Etica dell’intelligenza artificiale, Raffaello Cortina Editore.
13. Sebastian, I., Moloney, K., Ross, J. and Fonstad, N. (2017), “How big old companies navigate digital transformation”, MIS Quarterly Executive, Vol. 16, pp. 197–213.
14. Karchevskyi, M., Radutniy, О. (2023), “Artificial intelligence in Ukrainian traditional categories of Criminal Law”, Bulletin of the Ukrainian Criminal Law Association, Vol. 1, Issue 19, pp. 1–25.
15. Manko, D., Zghama, A., Atamanova, N. and etc. (2023), “Legal regulation of the digital environment: digitization of the state-legal and law enforcement sphere”, Amazonia Investiga, Vol. 12, Issue. 70, pp. 125–133.
16. Belgium (2024), Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence of 13 June 2024, European Parliament and the Council of the European Union, Brussels.
17. Turia, Y. (2023), “Epistemology of the concept of «legal doctrine in the field of artificial intelligence» in Ukraine”, Entrepreneurship, Economy and Law, No. 1, pp. 39–44.