AI Strategies in Ukraine

  1. Are there any governmental initiatives in your jurisdiction aimed at introducing legal regulatory framework for AI? If so, please list them.
  2. If there are no governmental initiatives in your jurisdiction aimed at introducing the legal regulatory framework for AI: are there any non-governmental initiatives in this field? If so, please list the leading ones, including details of non-governmental organisations in charge.
  3. What is the status of works on legal regulatory framework in your jurisdiction? Please briefly describe it.
  4. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the definition of AI.
  5. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the legal personality of AI.
  6. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding liability for damage caused by AI.
  7. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the safety of AI’s products.
  8. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the protection of privacy and personal data processed for AI needs.
  9. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the non-personal data management for AI needs.
  10. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the protection of the intellectual property works created by AI.
  11. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding a general approach towards the regulatory intervention associated with the development of AI.
  12. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding a human oversight of AI applications.
  13. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the impact of AI on the competition on the market.
  14. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the impact of AI on consumers.
  15. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the impact of AI on employees and candidates for work.
  16. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the use of AI in the financial sector.
  17. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the use of AI in the public sector.

Yes, on 21 May 2020 the Ministry of Digital Transformation of Ukraine (the “Ministry”) published on its website the Concept of the Development of AI in Ukraine (the “Concept”) for public discussion.

The topic of AI is widely discussed among the businesses, scholars, and IT associations, e.g., IT Ukraine Association, Kiev Laboratory for Artificial Intelligence. 

Several events are also organised in Ukraine expressly dedicated to AI and machine learning, such as the AI & Big Data Day, AI Ukraine, and the Global AI Bootcamp.

No draft regulation has been prepared to date. At the moment, the major deliverable of the AI initiative is the Concept developed by the Ministry and available on its website.

4. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the definition of AI.

So far there is no developed definition of AI in Ukrainian law.

So far there is no developed and adopted concept of AI having a legal personality.

6. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding liability for damage caused by AI.

Ukrainian law does not provide any specific legal regulation of AI including the matters of liability for damage caused by AI. Accordingly, under the current rules, AI, as a technological solution without legal capacity, cannot be held liable for damage.

7. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the safety of AI’s products.

So far there is no developed concept specifically dedicated to the safety of AI-created products.

8. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the protection of privacy and personal data processed for AI needs.

So far there is no developed specific concept regarding privacy and personal data processed for AI needs. Therefore, general privacy and personal data laws would apply. 

The Concept outlines the general principles of the necessity to comply with confidentiality and privacy in work with AI and future plans to develop the Ethic Code of use of AI to be prepared based on the European experience. 

9. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the non-personal data management for AI needs.

So far there is no developed specific concept regarding non-personal data management for AI needs. Therefore, the general privacy and personal data laws would apply.

10. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the protection of the intellectual property works created by AI.

Ukrainian law does not provide legal protection for works created by AI. Under the general rule, the author of a work can only be a human.

11. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding a general approach towards the regulatory intervention associated with the development of AI.

So far there is no developed approach to regulatory interventions in the AI sector. The Concept briefly mentions that specific attention and regulation should be developed for the use of AI in the spheres of cybersecurity and national defence.

12. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding a human oversight of AI applications.

So far there is no developed legal concept regarding human oversight of AI.

13. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the impact of AI on the competition on the market.

So far there is no developed legal concept regarding the impact of AI on the competition on the market. We are not aware of any initiatives by the Ukrainian Competition Authority in this respect.

14. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the impact of AI on consumers.

So far there is no developed legal concept regarding the impact of AI on consumers.

15. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the impact of AI on employees and candidates for work.

So far there is no developed legal approach in Ukraine regarding the impact of AI on employment relations.

16. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the use of AI in the financial sector.

So far there is no developed legal concept regarding the use of AI in the financial sector.

17. Please briefly describe the current state of affairs and the major concepts in your jurisdiction regarding the use of AI in the public sector.

So far there is no developed legal concept regarding the use of AI in the public sector. As mentioned above, the Concept outlines that special attention will be given to the use of AI in certain sectors, including public (e.g., national defence).

Olga Belyakova
Partner
Kyiv (CMS CMNO)
Image of Mykola Heletiy
Mykola Heletiy
Associate
Kyiv (CMS CMNO)