TRANSFORMATION OF THE ANTHROPOCENTRIC MODEL OF LEGAL LIABILITY IN THE CONTEXT OF ALGORITHMIC GOVERNANCE

Abstract

The article presents a comprehensive theoretical and legal analysis of the anthropocentric model of legal liability in the context of digital transformation of public administration and the growing implementation of algorithmic governance. It substantiates the argument that classical doctrinal approaches to legal liability, which are based on the exclusive recognition of humans as the sole subjects of legal will, control, and fault, are increasingly limited in conditions where autonomous algorithmic systems and artificial intelligence technologies play a decisive role in decision-making processes. It is demonstrated that algorithmic governance creates a new socio-technical reality in which legally significant public decisions are generated through complex interactions between human actors, data infrastructures, and automated algorithms. Under such circumstances, the application of traditional legal categories – such as causation, fault, and individual attribution of liability – becomes highly problematic. The article emphasizes that harm or unlawful outcomes may arise not from the direct actions of a particular individual but from the functioning of the system as a whole. Special attention is paid to the phenomenon of “diffused” and distributed liability, which is inherent in algorithmic systems of public governance. The study argues that attempts to preserve a purely anthropocentric approach by formally assigning liability to developers, operators, or public officials often fail to ensure effective human rights protection or an adequate level of legal certainty. This reveals a structural gap between classical legal doctrine and contemporary technological realities. The article substantiates the need to transform the anthropocentric model of legal liability by integrating it with systemic, institutional, and risk-based regulatory approaches. Legal liability in the context of algorithmic governance is proposed to be understood as a multi-level legal construct that combines individual liability with organizational, procedural, and regulatory accountability mechanisms. It is concluded that such a transformation is a necessary prerequisite for safeguarding the rule of law, protecting human rights, and ensuring effective public oversight in the digital age.