Может ли робот быть субъектом права? Поиск правовых форм для регулирования цифровой экономики (Can a Robot Be a Subject of Law? In Search of New Legal Tools for Digital Economy)

The development of robotics using artificial intelligence acquires a new scale and new quality, which leads to both socio-economic and legal problems. Particularly relevant in this context is the problem of robots’ legal personality in relation to robots which are able to carry out independent actions and adapt to the environment. The European Parliament resolution on Civil Law Rules on Robotics (2017) indicates that the problem has not only scientific, but also practical, applied significance. In legal science, the interpretation of the concept of “person” varies depending on how the law is understood. From the point of view of a “narrow-realistic” understanding of the law, a robot cannot be recognized as the subject of law. On the contrary, according to the approach that considers the legal world as a sui generis and self -sufficient reality, the question of a robot’s legal personality is pragmatic. The article analyzes the history of the formation of the legal concept of a person and its role in the legal understanding of the world.For Roman lawyers, the concept of a person (persona) meant, first of all, a “mask”, one or another social function of a person. Moreover, the legal concept of a person and the concept of a human personality were never considered to be the same. On the contrary, for European law, which experienced a strong impact of philosophical concepts, the problem of mixing the concepts of legal and human personality is characteristic. The non-critical perception of non-legal ideas and theories can become an obstacle to the development of law. Only by maintaining its identity, the law can play an active role in the development of the economy and society as a whole. Thus, the issue of robot legal personality should be resolved on the basis of a comprehensive analysis of possible (economic and social) costs and benefits. The recognition of the robot as the subject of law seek to provide for a more effective distribution of liability and ensure the fair balance of interests. The flexibility and elasticity of civil law concepts allows us to conclude that the choice of a specific model of legal personality and the distribution of liability will depend on practical needs and demands