Comparative Analysis of Legal Personality of a Legal Entity and Artificial Intelligence within the Impact on Corporate Governance

The author of the article has conducted a comparative analysis of the legal doctrine in regard to granting legal personality to a legal entity as one of the elements of its legal characteristics. The main emphasis has been made on the latest research concerning the possibility of the existence of legal personality in artificial intelligence. It has been proved that the use of artificial intelligence construction in legal enforcement and doctrine is not the evidence of the expediency of immediate granting it with legal personality. It has been substantiated that this issue even currently is quite complex and problematic for solving compared to the construction of a legal entity. Thus, it is one of the main reasons for the non-recognition of the legality of acquiring legal personality by artificial intelligence, along with individuals and legal entities, as independent participants of corporate legal relations. It is cautioned that artificial intelligence is one of the most important advanced technologies of the present time, but it is a system that only emits human mental behavior. Particular attention has been paid to the fact that artificial intelligence technologies are actively used in the framework of corporate governance, but there are currently no generally recognized mechanisms for their respective application. In order to prevent the risks that may occur in the field of corporate governance while applying artificial intelligence technologies, the author has suggested to develop mechanisms for imposing corporations with the obligation to develop internal acts that would regulate the impact of artificial intelligence on decision-making by members of such legal entities’ bodies; to outline at the legislative level the limits of applying artificial intelligence technologies during decision-making by members of the corporation entitie’s bodies; to develop regulations that would consolidate the accountability of artificial intelligence systems (for example, to their developer, a legal entity that has the rights to such a system, etc.) and establish a mechanism of responsibility for causing damage by artificial intelligence systems. Key words: legal entity, individual, artificial intelligence, legal personality, corporate entity, corporate governance, member of the body, technology