Legal Liability in the Use of AI and AI Agents: Theory and International Practice.

This article examines the scientific theory and international practice regarding legal liability associated with the use of artificial intelligence (AI) and AI agents. Particular attention is paid to liability criteria, the nature of violations, and regulatory issues within relevant branches of law. The analysis is conducted against the backdrop of key international “soft law” instruments and national legal systems governing the sphere of AI and AI agents. The study’s central hypothesis is that the lack of legal personality for AI, combined with the cross-border nature of its application, will shape future legal regulatory mechanisms. The methodological framework relies on logical, general scientific, legal, statistical, and comparative analysis methods; their combined application ensures the reliability of the analysis and the validity of the conclusions drawn. Based on an examination of international practice, the article proposes measures to improve legal regulation regarding liability-taking into account the nature of violations and the scale of damage caused by the use of AI and AI agents-and to address existing legal gaps in this field.