Правосуб’єктність закладів вищої освіти та штучний інтелект: проблеми реалізації

The article is devoted to the analysis of the legal capacity of higher education institutions (HEIs) amid transformations driven by the spread of artificial intelligence (AI). The author explores modern approaches to understanding the legal status of HEIs, particularly considering new technological factors that affect both the educational process and administrative activities. Special attention is given to legal issues arising from the integration of AI into the higher education system, including questions of liability, the limits of legal capacity, ethical risks, and legislative gaps. The article considers possible ways to improve legal regulation to ensure a balance between innovation and legal certainty in the field of education. The study also examines international and European approaches to the legal regulation of AI use, particularly the provisions of Regulation (EU) 2024/1689 (the AI Act), which classifies AI-based educational systems as high-risk. In this context, the article identifies challenges related to HEI autonomy, academic integrity, and the distribution of responsibility among developers, users, and administrators of algorithmic educational decisions. Taking into account the state of martial law, particular emphasis is placed on the flexibility of HEIs’ legal capacity and the need to ensure the continuity of the educational process in times of crisis. The author formulates a set of proposals aimed at improving national legislation and internal HEI policies for the lawful implementation of AI, in accordance with the principles of legal certainty, proportionality, and ethics. The research takes an interdisciplinary approach and is based on the analysis of Ukrainian legislation, international standards, academic sources, and practical experience of educational digitalization.