Open AccessLEGAL REGIME OF AUTONOMOUS TECHNICAL MEANS: CROSS CUTTING PROBLEMS OF LEGAL REGULATION
Author(s) -
Dmitry Kuteynikov,
Osman Izhaev,
Valerian Lebedev,
Sergey Zenin
Publication year - 2020
Publication title -
problemy prava
Language(s) - English
Resource type - Journals
ISSN - 2075-7913
DOI - 10.14529/pro-prava200205
Subject(s) - personhood , accountability , transparency (behavior) , legislation , law and economics , liability , law , business , political science , economics
This article suggests ways of resolving cross-cutting legal problems (legal personhood for autonomous technical means, transparency and accountability of its functioning, allocating of liability) that arise as a result of the use of autonomous technical means (ATM) in public. The granting of legal personhood for ATM depends on the public consent and social needs, which might be caused by necessity for transfer them a certain rights in order to improve their functioning. One of the ways to grant ATMsome elements of legal personhood is to assign it the status of an agent (representative) acting on behalf of the principal (individual or legal entity). Legal regulation of ATM transparency and accountability should, on the one hand, guarantee the right of an individual to receive information about the logic of the decision made in relation to him/her, and on the other hand– not violate the right of the manufacturer/operator to the secret of production (know-how). Lability for violations committed with the participation of ATM should be assigned depending on which subject (manufacturer, operator or user) had more control over the functioning of the ATM. The above mentioned methods of regulating legal relations and special sets of legal tools are elements of the legal regime of autonomous technical means. This legal regime will determine ways of legislation development in given sphere.