AI Strategies in Ukraine

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.

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.

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.

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

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. 

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.

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.

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.

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

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.

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

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

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