ARTIFICIAL INTELLIGENCE AS A NEW PARTY IN ADMINISTRATIVE INTERACTIONS: CHALLENGES TO LEGAL LEGITIMACY IN THE CONTEXT OF GOVERNMENT PROCUREMENT
DOI:
https://doi.org/10.32703/2663-6352/2025-2-18-129-137Keywords:
artificial intelligence, algorithmic agent, public procurement, digital administration, legal legitimacy, «human-in-the-loop» control, accountabilityAbstract
The article provides a doctrinal analysis of the legal status of artificial intelligence as a functionally relevant subject of administrative interaction in the field of public procurement. The author substantiates the need for legislative recognition of an algorithmic agent as a functionally integrated digital system capable of performing certain procedural actions within the procurement process. It is determined that the current legislation of Ukraine, in particular Article 164¹⁴ of the Code of Administrative Offenses, does not take into account the intermediate role of digital agents in the formation of management decisions, which creates the problem of a «responsibility gap» - a situation where none of the subjects can be held responsible for decisions generated by the algorithm.
The author proposes a definition of an algorithmic agent as an automated digital system that is functionally integrated into an electronic procurement platform and, based on conditions and technical regulations defined by law, is authorized to perform certain procedural actions within the procurement process, in particular, preliminary ranking of proposals, verification of formal criteria, risk monitoring, and generation of technical decisions that do not have independent legal status but serve as the basis for management decisions by the authorized body. The need to supplement Article 1 of the Law of Ukraine «On Public Procurement» with the relevant term is justified.
At the same time, based on a comparative legal analysis of British, Canadian, and Singaporean regulatory models, the conceptual foundations of delegated decision-making, the «human-in-the- loop» principle, and the dual accountability of digital agents are outlined.
The article forms the basis for a doctrinal review of the concept of administrative responsibility in the context of the digital transformation of public administration.
