Legal obligations of transparency in the field of artificial intelligence
Authors: Popovych T. P. 
Published: November 2024

The digital revolution, caused by the dynamic development of various technologies, certainly led to a number of positive changes in all areas of human life. However, at the same time, there was an urgent need for the formation of an appropriate regulatory and legal basis that would regulate social relations related to the latest technologies. In recent years, both in the international arena and in the national legislation, complex acts have already appeared, designed to solve the problems of the implementation of digital technologies in the legal field. At the same time, the law does not always respond in time to the rapid development of the latest technologies, which again gives rise to a lot of problematic issues. Artificial intelligence and its rapid penetration into almost all spheres of human existence became a vivid example of such a situation. The use of artificial intelligence (AI) has raised a number of questions for the legal community, including the legal status of AI and the results of its work, data protection, intellectual property, ethics, etc. The goal of the legislative regulation of artificial intelligence is to create a clear policy in the content of legal acts that would determine specific rules for the operation, application and protection of AI. The need for legislative regulation of artificial intelligence, in addition to the significant development that the field has undergone, is also related to the need to control the consequences that the unregulated use of AI can cause. Some states have implemented a number of attempts to legislate AI regulation at the national level, in particular, Ukraine has already taken the first steps to create a legal framework in the field of artificial intelligence. Thus, in 2020, the Concept of the Development of Artificial Intelligence in Ukraine was created, in which the definition, purpose, principles and tasks of the development of artificial intelligence technologies in Ukraine are provided for the first time at the legislative level. However, compared to individual countries, it is the European Union that has made the most progress in terms of preparing for the introduction of a legislative framework for the regulation of AI. On August 1, 2024, the EU Artificial Intelligence Act (EU AI Act), adopted by the European Parliament, the long-awaited European regulation on artificial intelligence, entered into force. This act created a kind of foundation for the further development of the mechanism of the use of artificial intelligence systems in the legal field, regulating such aspects as maintenance of AI systems, protection of personal data, intellectual property rights to the results of AI activity, as well as what, in our opinion, is no less important , provided for clear obligations of subjects during the use of artificial intelligence. The key role of the duties established by the EU AI Act is to ensure transparency in activities using AI. In our opinion, it is worth investigating the content of the established duties in order to understand the mechanism of ensuring the so-called transparency in AI activities. In addition, given the absence of a legal act in Ukrainian legislation that would regulate the use of artificial intelligence systems, the study of the EU’s experience in this field is more than relevant and can be taken into account during the development of such an act in the future.