Legal Liability of Artificial Intelligence in the Civil Service of Turkmenistan

Abstract

This article examines the issues of legal liability for harm caused by the use of artificial intelligence (AI) technologies in the civil service system of Turkmenistan. The relevance of the topic is due to the active digitalisation of public administration in the country, including the development of ‘smart cities’, illustrated by the example of the city of Arkadag. The article is based on an analysis of Turkmenistan’s international obligations within the framework of cooperation with the OSCE, UNESCO, and UNDP, as well as an examination of national legislation, including the Law of Turkmenistan “On Information about Private Life and Its Protection”. The authors identify legal gaps related to determining the subject of liability for actions performed by AI systems. The article considers key doctrinal approaches to the legal personality of artificial intelligence and analyses various models for the allocation of responsibility among developers, owners, and operators of AI systems. Particular attention is devoted to the risks associated with the use of AI in the civil service, including algorithmic errors, discriminatory outcomes, and violations of citizens’ rights and lawful interests. Drawing on international experience, especially regulatory approaches developed within the European Union, the authors formulate proposals aimed at improving Turkmenistan’s legislation. These include enshrining the principle of algorithmic transparency, introducing mandatory audits of AI systems used in public administration, and establishing clear mechanisms of civil liability for harm caused by AI-driven decisions. The scientific novelty of the article lies in the conceptualisation of a model of legal liability for artificial intelligence tailored to the legal system of Turkmenistan and aligned with the current stage of digital law development. The article concludes that there is a need to develop a comprehensive national strategy for AI regulation, and it proposes using the city of Arkadag as an experimental legal platform for testing innovative regulatory approaches. Keywords: artificial intelligence, legal liability, civil service, digitalisation, legal regulation, algorithmic systems, data protection, Arkadag city, civil liability