Criminological risks and legal aspects of artificial intelligence implementation

Abstract

The use of AI inevitably leads to the problem of ethical choice, raises legal issues that require prompt intervention. The article presents the results of a detailed study of the opinions of leading scientists involved in the study of social aspects of AI. The key characteristics of AI that carry criminological risks are identified, the types of criminological risks of using AI are identified, the author s classification of these risks is proposed. The results of a detailed analysis of the legal regulation of the legal personality of AI are presented. Formulated options for bringing to justice those responsible for the actions of the AI, having the ability to self-learning, who decided to commit actions / inactions that qualify as a crime. Authors argue the need for a clear, rigorous and effective definition of ethical frameworks in the development, design, production, use and modification of AI. Arguments are made about the need to recognize AI as a source of increased danger. The paper analyzes the content of the resolution of the European Parliament on the possibility of endowing AI with legal status . Special attention is paid to the question of giving the AI a personality. It is proposed to use legal fiction as a technique in which the specific legal personality of AI can be perceived as a non-standard legal position, different from reality. It is assumed that such a decision can remove a number of legal restrictions that exist today and prevent the active involvement of AI in the legal space.