PRINCIPLES OF GOOD FAITH, REASONABLENESS AND FAIRNEES IN LEGAL RELATIONS WITH AN ELECTRONIC PERSON (INDIVIDUAL)

Анотація

The development of social relations determines the development and filling with new content of the principles of good faith, reasonableness and fairness in legal relations with an electronic person (individual), which affected their actualization. Science and judicial practice are forced to interpret them in accordance with the latest trends. There was a need for qualitative and quick changes in the legislative framework. Therefore, the emergence of new, not similar to the previous, theoretical views on the concept, normative and moral content of the principles of good faith, reasonableness and fairness in legal relations as an unchanging regulator of the fundamentals of behavior of participants in civil law relations requires research, which explains the relevance of the topic of this work. This article is devoted to the study of the implementation of the principles of good faith, reasonableness and fairness in legal relations with an electronic person (individual). The purpose of the work is to reveal the peculiarities of the implementation of the principles of good faith, reasonableness and fairness in legal relations with an electronic person (individual) and clarify the question of whether a digital component can be a participant in a civil legal act and under what conditions. The methodological basis of the research is a set of general methodological principles and modern methods of scientific knowledge. The general scientific dialectical method, functional and descriptive methods, as well as such search principles as truth, justice, concrete-logical methods, analysis, synthesis and comparison were used. The article reviews digital technologies that claim primary status in civil relations. The question of whether the digital component can be a participant in civil relations was considered. The problematic aspects of smart contracts and the application of the principles of good faith, reasonableness and fairness in their conclusion and execution have been studied. It was concluded that the development of artificial intelligence will lead to significant changes in many areas. Areas of law such as intellectual property law, contract law, and tort law must undergo significant changes to address the challenges associated with the development of artificial intelligence. One of the ways to adapt to the new reality is the idea of giving artificial intelligence the status of an electronic person, despite the contradiction of the whole concept as a whole. At the same time, if electronic entities enter into law, their interaction with natural and legal entities should be limited in order to protect individuals, strategic industries, national security and defense. The scope of their legal personality should be limited and combined with insurance and liability of those who created them.

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