Conceptual bases of criminal punishment application regarding artificial intelligence

Abstract

At present, the widespread development and use of artificial intelligence technologies (hereinafter referred to as AI) set tasks for the world community, the examples of the solution of which were not previously available in the history of mankind. One of the priority areas of the legislator activity in the foregoing field is the creation of the foundations, principles and mechanism (concept) of criminal penalty application in relation to AI. At the moment, there are no legal orders of any kind in this area, the topic of punishment application to AI is also not widely used in criminal law literature, which seems somewhat illogical in terms of legal regulation timeliness, completeness and effectiveness. It seems that the currently existing conceptual framework for the application of criminal penalties in relation to AI is not able to have an effective impact on AI, due to its specific material manifestation, which we tend to subdivide into three types. The first of them is the AI unit - a material object of the world, which is an integral part of the AI and designed to implement its functionality. The next in order is AI, embedded in a material carrier, which is an object of the material world itself and is not able to carry out functional actions aimed at AI potential implementation. And the last of the named varieties are AI, which has an expression in the cybernetic world that is not directly objectified into the surrounding reality