Актуальні питання правового регулювання штучного інтелекту в ЄС, Україні та США

The rapid development of artificial intelligence (hereinafter AI) is forcing legislators around the world to develop legal mechanisms and rules that will regulate both the creation of AI systems and their proper and lawful use. The demand for AI, as well as the number of AI services and their users, is growing rapidly and significantly outpacing the speed of development of legal regulation in this area. It has become clear that while AI opens up unprecedented opportunities, it also poses a significant threat to the confidentiality and security of personal data and copyright, making the issue increasingly relevant. At the same time, it is important to maintain a healthy balance between the protection of rights and the development of innovative technologies in order to ensure the rapid but controlled further development of this industry. The article examines, how in recent years (2022–2025), the European Union (hereinafter the EU), the United States of America (hereinafter the US) and Ukraine have applied different approaches to AI regulation. It has been researched that the EU has become a leader in this field by introducing a comprehensive mandatory act, which is to become the basis for the implementation of AI regulation in many developed countries around the world; Ukraine uses a legal model that has not yet been implemented in the EU and the US, introducing a special form of protection of property rights to the results of AI work – a «sui generis» right, which potentially allows AI users to have greater opportunities to protect their rights in Ukraine than it is possible in other countries; the US, in turn, still prefers a more decentralised, market-based approach that allows companies and businesses to operate within the framework of advisory documents, which may be applied according to their needs and characteristics. The article reviews AI regulation in these jurisdictions starting from 2022 and the main risks that legislators are trying to cover by adopting new regulations and principles. The article pays special attention to the diversity of approaches to AI regulation and the opportunities that each approach creates. In conclusion, it is argued that despite differences in the regulation of this issue in different jurisdictions, each of which has its own shortcomings, in order to properly protect the rights of intellectual property owners and adapt to the EU legal system, it is important to ensure the gradual implementation of best practices into Ukrainian legislation. Therefore, the purpose and key value of the article is to identify such practices and highlight the strengths of the approach to this issue in Ukraine.