Порівняльний аналіз Закону ЄС про штучний інтелект та Рамкової конвенції Ради Європи про штучний інтелект: наслідки для управління правами людини

The rapid development and deployment of artificial intelligence technologies pose significant challenges for contemporary legal systems, particularly with regard to the protection of fundamental rights and democratic values. Artificial intelligence systems are increasingly used in areas such as employment, public administration, law enforcement, border control and access to essential services, where automated decision-making may directly affect individuals and societies. In response to these developments, Europe has recently adopted two major regulatory instruments: the European Union Artificial Intelligence Act and the Council of Europe Framework Convention on Artificial Intelligence, Human Rights Democracy, and the Rule of Law. Although both of these documents aim to ensure that artificial intelligence systems are developed and used in accordance with fundamental rights principles, they rely on different regulatory architectures and governance mechanisms. These developments reflect the growing importance of establishing coherent regulatory approaches capable of addressing the cross-border implications of artificial intelligence technologies. This article conducts a comparative examination of these instruments using a doctrinal and analytical-comparative approach. It analyses their regulatory logic, enforcement mechanisms, and safeguards for fundamental rights in the governance of high-risk AI systems. The findings indicate that the EU AI Act establishes a detailed risk-based regulatory framework supported by administrative enforcement and market-based compliance mechanisms, whereas the Council of Europe Convention adopts a principle-based model grounded in international human rights law and state responsibility. Their coexistence therefore reflects the emergence of a pluralistic European governance architecture in which regulatory standardization and human rights-based oversight operate in parallel, shaping the evolving institutional structure of artificial intelligence governance in Europe.