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Legal Issues of Entering into Contract with Application of the Artificial Intelligence System

ФИО студента: Yaroslav Shubin

Руководитель: Aleksei Gudkov

Кампус/факультет: Faculty of Law

Программа: Information Technology and Intellectual Property Law (Master)

Год защиты: 2021

With the transition to the information society and the adaptation of business processes to new technological realities, more and more contracts are concluded using technical means. The objectives of this work are to study approaches to the regulation of artificial intelligence, to understand its essence, to identify problems related to the impact of such systems on various branches of law, as well as to develop proposals for adapting the legal framework. The methodological basis of the research is such general logical methods of cognition of social processes as analysis, synthesis, deduction, induction, hypothesis. In addition, the author used special legal research methods, from which it is necessary to distinguish formal legal and comparative legal methods. The use of robotics and, accordingly, artificial intelligence does not imply a radical revision of the content of the basic legal categories, norms, institutions and methods of legal regulation of public relations. The development of the regulatory environment is complicated by the interdisciplinary nature of the field of artificial intelligence and the detachment of technical means from legal norms. Legal regulation in the field of robotics and artificial intelligence should follow the precautionary principle when it is allowed to restrict or prohibit the use of new devices until the safety of their use is proven. Issues of legal personality and responsibility are of particular relevance when using AI systems. At the same time, transactions involving the use of artificial intelligence are subject to the general provisions on the procedure for concluding contracts. At the time of the transaction, the freedom of will and the will of the parties are combined, expressed in the form provided for by law, in compliance with the principles of civil law and aimed at achieving a certain result. Keywords: information society, artificial intelligence, legal personality, liability, robot, intelligent agency.

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