Open AccessThe legal nature of an autonomous robot in determining the subject of property legal responsibility: theory and practice
Author(s) -
А. М. Шульга,
А. М. Шульга
Publication year - 2019
Publication title -
vìsnik harkìvsʹkogo nacìonalʹnogo unìversitetu ìmenì v.n. karazìna. serìâ pravo
Language(s) - English
Resource type - Journals
ISSN - 2075-1834
DOI - 10.26565/2075-1834-2019-28-05
Subject(s) - robot , subject (documents) , legislation , autonomous robot , computer science , property (philosophy) , law , law and economics , artificial intelligence , political science , business , sociology , mobile robot , epistemology , philosophy , library science
In the article, given the need to distinguish between "objects" and "subjects" of legal relations, the issues of determining the subject of property legal responsibility are considered when there is a legal fact of unlawful behavior of an autonomous robot. As an idea-antithesis with respect to the idea of an “electronic person”, it is proved that, by making appropriate changes in the current legislation, not to provide an autonomous robot with the status of a “subject of legal relations”.In general the features of functioning of autonomous robots are examined from position of "de lege lata" and "de lege ferenda". The features of concepts "Technical lack of autonomous robot" and "illegal excess of functioning of autonomous robot" are indicated. Underlined, that the guarantees of balance of interests of "producers" (developers), "consumers" (owners, users), "third persons", first of all suppose the presence of "insurance of risk of functioning of autonomous robots" (for example, "Contract of insurance of risk of illegal result of functioning of autonomous robot"), of the "compensative money system" of accruals, "registration of autonomous robots" consists. Grounded, that autonomous robot (for example, "military-battle autonomous robot") as an object of legal relationships can be embraced by a category "source of enhanceable danger". Text of addition of the corresponding article of the Civil code of Ukraine is proposed. It is also indicated on expediency of presence in this code of the separate article with the name: the "Illegal excess of functioning of autonomous robot, subject to obligatory registration" (text of the article is set forth). The variant of understanding of autonomous robots is analysed, as well as "animals", by the special objects of civil legal relationships, and also suggestion to give to the autonomous robots status analogical to status of slave in the Ancient Roman law. Drawn conclusion in relation to understanding of autonomous robot as quasisubject or subject of legal relationships.