Administrative legal relations and artificial intelligence: the problem of subjectivity

Digital technologies are applied in many countries of the world in order to increase the efficiency of public sphere. In recent years there have been numerous attempts to implement artificial intelligence technologies into public sphere connected with providing administrative services. In Ukraine, in particular, the concept of fully automated process of using various digital public registers, the total number of which already exceeds several hundred, has gained particular popularity. However, existence of a general problem regarding the uncertainty of the legal regulation of public sphere related to the use of artificial intelligence has a negative impact on the implementation of the mentioned concept. The article is devoted to the issue of developing approaches to defining basis of legal regulations of administrative legal relations involving with the use of artificial intelligence technologies. The research done has proven that the progressive initiative on automating the process of state registration of the legal status of subjects of law has not been secured by effective legislation. The latest changes in the legislation regarding automating of certain administrative relations have caused a number of systems flaws. In particular, we are talking about the legal uncertainty, there are gaps in legal terminology, as well as significant controversies in application of legal principles etc. The real reason of legislation flaws is not only the cause of qualification drawbacks of legal innovators, it is of fundamentally system nature. The key reason is that legislative doctrine of Ukraine does not cover relations which occur without direct participation of a subject of law, namely relations in the public sphere with artificial intelligence involved. In order to define potential ways of resolving current legal issues the research of the content and peculiarities of public legal relations with artificial intelligence involved has been done on the example of the system of state registration of the legal status of subjects of law. The issues of legal regulations of relations in public sphere which are implemented with the use of automatic mode in state registration of the legal status of subjects of law have been analyzed. Theoretical and methodological basis of principles and approaches to legal regulation of relations in the public sphere with artificial intelligence involved have been developed. The importance of implementing into legal doctrine certain legal fiction describing conditions under which artificial intelligence can be regarded as a subject of law is stated. A number of recommendations on conducting legal researches on issues of involving artificial intelligence in public sphere are given as well.

public registers, legal regulation, artificial intelligence, state registration, foresight, delegation, automatic mode of state registration