ANIMALS AND ROBOTS AS NEW SUBJECTS OF LEGAL RELATIONS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 39)Publication Date: 2021-05-31
Authors : Sokolova Iryna; Ridkoborod Yuliia; Tsybulskyi Bohdan;
Page : 38-45
Keywords : legal relationship; object of legal relationship; subject of legal relationship; electronic person; animals and robots as subjects of legal relationship;
Abstract
The article analyzes the concept, essence and elements of «legal personality» in the civil law of Ukraine. The features of the definition of robots and animals in the law of different countries have been investigated. It is indicated that domestic law does not recognize animals and robots as subjects of legal relations, because the subjects of civil law are individuals, legal entities and public entities, the state, the Autonomous Republic of Crimea, territorial communities, foreign countries. Ukrainian law recognizes artificial intelligence and animals only as objects. The history of recognition of animals as subjects of legal relations is considered. The modern approaches to understanding the rights of animals are indicated. The opinion of awyers is mentioned that animals should have basic human rights, because they are capable for feelings, they are thinking creatures and can feel physical pain. The article indicates animals in the role of legal heirs. According to the articles of the Civil Code of Ukraine, animals are the object of civil rights. It has been proven that naturally animals cannot have legal capacity and delicacy, but at the same time they may have legal capacity. Therefore, animals can exercise their rights only through their owners or other authorized subjects of law, who will be representatives. The issues of the possibility of recognizing artificial intelligence and animals as objects of legal relations are considered. It was noted that robots and artificial intelligence as a whole should be subject to strict control. A draft resolution on the legal status of robots as an «electronic person» was considered, which indicated that works would be granted the status of «electronic persons» who would have specific rights and obligations. In Saudi Arabia, the robot received citizenship, but it did not give him full legal personality. Recalling the Turing test, mathematics and computer science, the purpose of which is to answer the question «can a robot think? «. The opinions of experts on the conditions under what conditions and what rights should be given to robots are analyzed. The possibility of amending the current legislation or creating special separate declarations of the rights and obligations of animals and robots is being considered. The need to strengthen the legal guarantees of safe human life is noted, taking into account the possible negative impact of modern technologies.
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