Civil Liability for the Actions of Artificial Intelligence in the Russian Federation and the European Union Law

Since October 2019, the legal regulation of artificial intelligence in the Russian Federation and the European Union has intensified significantly. Both the Russian and European legislators are forced to solve the problem of the legal consequences of the active penetration of artificial intelligence into public relations, the most important aspect of which is the search for an optimal concept of civil liability for its actions. Existing ideas about the latter are based on guilty and strict approaches to defining the elements of civil liability. These approaches have drawbacks, which are, first of all, in the excessive limitation of the development of innovations, and with low efficiency in achieving the goals of civil legal responsibility and the implementation of its functions. The risk-based approach proposed by the author to the determination of the elements of civil liability for the actions of artificial intelligence is intended to neutralize the named shortcomings. Based on the analysis of the spheres of application and artificial intelligence technology, the risk-based approach allows a more efficient and flexible approach to the definition of the subject of responsibility, its types and limits, ensuring a balance between the development of innovation and the goals of civil liability. As a result of the study, the author's definition of a risk-oriented approach to civil liability for the actions of artificial intelligence has been given, its features, elements have been disclosed, and its advantages over existing approaches to civil liability have been demonstrated.