Summary:

The article considers the conceptual foundations of the functioning of artificial intelligence and its impact on criminal law relations. It have been analyzed the doctrinal and legislative sources on which the development of an effective model of criminal legal regulation of these processes should be based.

It is emphasized on digitalization as a driving factor of fundamental changes, which forms the legal digital reality. Its transformative potential is developing due to the growing availability of big data, artificial intelligence, increasing capacity of modern computers, new blockchain technology platforms, Internet of Things, cloud services, virtual reality, social networks and platforms, cybersecurity, electronic services, etc.

It is emphasized the controversy of the definition of the term “artificial intelligence”. It have been presented the arguments in favor of granting to artificial intelligence the status of “electronic person”, which is due to the rapid development of this innovative digital tool and the acquisition of intellectual qualities that equal or exceed human ones, which is the basis for recognizing such a person as a subject of criminal-legal relations and a subject of a criminal offense”. The opposite opinion is based on the fact that human intelligence belongs to a subject endowed with consciousness, but what is called artificial intelligence refers to an object, that is, technology, machines that are not able to empathize, to create, etc., therefore, the attribution of a set of information technologies to unique qualities of a person, in the context of their criminal legal dimension, is a manifestation of the dehumanization of law in general, and criminal law in particular.

Keywords: digitalization of law, digital transformations, artificial intelligence, criminal-legal relations, conceptual foundations, philosophy of artificial intelligence.

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