Volume 13 - Issue 76

/ April 2024

https://amazoniainvestiga.info/ ISSN 2322- 6307

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DOI: https://doi.org/10.34069/AI/2024.76.04.4

How to Cite:

Kovalchuk, O., Kolesnikov, A., Proskurniak, I., Halunko, V., & Коvach, Y. (2024). Implementation of innovative information

technologies in judicial proceedings: organizational and legal aspect. Amazonia Investiga, 13(76), 53-62.

https://doi.org/10.34069/AI/2024.76.04.4

Implementation of innovative information technologies in judicial

proceedings: organizational and legal aspect

Впровадження інноваційних інформаційних технологій у судочинстві: організаційно-

правовий аспект

Received: February 14, 2024 Accepted: March 24, 2024

Written by:

Olha Kovalchuk1

https://orcid.org/0000-0001-6490-9633

Andrii Kolesnikov2

https://orcid.org/0000-0003-3064-4133

Igor Proskurniak3

https://orcid.org/0009-0000-3333-0784

Valentyn Halunko4

https://orcid.org/0000-0003-1619-5028

Yaroslava Коvach5

https://orcid.org/0009-0004-8430-8500

Abstract

This work aims to study the organizational and

legal aspects of implementing the latest

information technologies (IT), including

artificial intelligence (AI), in the justice system.

The study was based on a comprehensive

approach that integrated analytical methods,

comparative analysis, the case study method, and

risk assessment. It is determined that to improve

the existing regulatory framework on the use of

IT in the judicial system, it is necessary to

regulate the following organizational and legal

aspects: I. enshrine compliance with ethical

principles, ensure information security, and

define responsibility for the risks of using AI

systems at the legislative level; II. develop

unified standards and requirements for

algorithms, models, and data used in AI systems

that support the information activities of courts;

Анотація

Метою роботи є вивчення організаційних та

правових аспектів впровадження новітніх

інформаційних технологій (ІТ), зокрема

штучного інтелекту (ШІ), у систему

правосуддя. Дослідження ґрунтувалося на

комплексному підході, який інтегрував

аналітичні методи, компаративний аналіз,

метод кейс-стаді та оцінку ризиків. Визначено,

що для вдосконалення існуючої нормативно-

правової бази з питань використання ІТ у

судовій системі необхідно врегулювати

наступні організаційно-правові аспекти: I.

закріпити на законодавчому рівні дотримання

етичних принципів, забезпечення

інформаційної безпеки та визначення

відповідальності за ризики застосування

систем ШІ; II. розробити єдині стандарти та

вимоги до алгоритмів, моделей та даних, які

Ph.D. in Physics and Mathematics, Associate Professor of the Theory of Law and Constitutionalism Department, Faculty of Law,

West Ukrainian National University, Ternopil, Ukraine. WoS Researcher ID: H-3889-2017

Ph.D., Associate Professor of the Department of Security and Law Enforcement, Faculty of Law, West Ukrainian National

University, Ternopil, Ukraine. WoS Researcher ID: G-5615-2017

Assistant Professor of the Department of Procedural Law, Faculty of Law, Yuriy Fedkovych Chernivtsi National University,

Chernivtsi, Ukraine. WoS Researcher ID: KIH-6041-2024

Doctor of Law, Professor, Chief Researcher of Research Institute of Maritime and Space Law, Professor of Kyiv University of

Intellectual Property and Law, Kyiv, Ukraine. WoS Researcher ID: GNO-9205-2022

PhD in Law, Leading Research Scientist, Department of Planning and Coordination of Scientific-Llegal researches National

Academy of Legal Sciences of Ukraine, Kharkiv, Ukraine. WoS Researcher ID: KIH-4300-2024

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IV. provide proper guarantees for respect for

human rights, prevention of discrimination and

bias in the use of AI in legal proceedings; V.

ensure transparency of legal regulation, which

will increase public confidence in the use of AI

technologies in the judicial system; VI. ensure

flexibility and adaptability of legal regulation,

and promote harmonization of the regulatory

framework at the international level through the

adoption of generally accepted principles and

unified standards for the use of AI systems.

Keywords: judicial system, organizational and

legal support, legal regulation, information

technologies, digitalization, artificial

intelligence, European integration, international

experience, smart technologies, court.

застосовуються в системах ШІ, що

забезпечують інформаційну діяльність судів;

IV. передбачити належні гарантії дотримання

прав людини, запобігання дискримінації та

упередженості при використанні ШІ в

судочинстві; V. забезпечити прозорість

правового регулювання, що сприятиме

підвищенню довіри громадськості до

застосування технологій ШІ в судовій системі;

VI. зумовити гнучкість та адаптивність

правового регулювання, сприяти гармонізації

нормативно-правової бази на міжнародному

рівні шляхом ухвалення загальноприйнятих

принципів та уніфікованих стандартів

використання систем ШІ.

Ключові слова: система судочинства,

організаційно-правове забезпечення, правове

регулювання, інформаційні технології,

діджиталізація, штучний інтелект,

євроінтеграція, міжнародний досвід, смарт

технології, суд.

Introduction

The latest information technologies, in particular

artificial intelligence (AI), machine learning

(ML), and big data analytics, are rapidly evolving

and penetrating critical areas of modern

technologized society, including law

enforcement agencies, the judicial system, and

the security sector. The global digital

transformation has encompassed the justice

system in recent years, which is responsible for

upholding laws and protecting the rights and

freedoms of citizens. The judiciary is adapting to

the latest challenges and megatrends by

implementing digital platforms and utilizing data

analytics capabilities.

Artificial intelligence is considered one of the

most significant achievements in the field of

information technology. This cutting-edge

technology has penetrated all sectors of modern

digital society and is being actively implemented

in the judicial systems of different countries,

including Ukraine. AI is called one of the most

promising technologies of the future due to its

extraordinary functional capabilities that go far

beyond human abilities. Judicial bodies have

accumulated huge arrays of various legal data

that require prompt and high-quality processing.

This information is constantly being updated

from various sources, so powerful technological

tools are needed for its analysis. The problem of

effective processing of legal data has become

particularly acute in the context of Russia's full-

scale war against Ukraine and the need for

careful documentation of war crimes by

international standards.

AI tools can optimize this process and provide

rapid and high-quality analysis of evidence. They

are capable of obtaining data from sensors that go

beyond human perception and processing visual,

audio, geospatial, and tactile information. The

logical capabilities of AI systems surpass those

of the most powerful computing systems. The

application of probabilistic analytics and fuzzy

logic based on parallel and quantum computing

allows for more accurate modeling of biological

systems even under conditions of uncertainty and

incomplete data.

Modern AI systems can be considered intelligent,

as the complexity of data representation in them

often goes beyond human comprehension even

after computer analysis. This creates a risk of

misinterpreting AI results and even losing human

control over such systems. Of particular concern

is the uncontrolled use of AI in judicial

proceedings, which can lead to serious threats

and violations. To prevent these risks, it is

necessary to develop clear legal frameworks and

ethical norms for the use of AI in the judicial

system, ensure proper supervision and control,

and take measures to combat bias and protect

human rights. To date, in the science of

information law, there has been no

comprehensive analysis of the organizational and

legal foundations for the implementation of

innovative IT in the judicial proceedings of

Kovalchuk, O., Kolesnikov, A., Proskurniak, I., Halunko, V., Коvach, Y. / Volume 13 - Issue 76: 53-62 / April, 2024

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countries around the world and the judicial

system of Ukraine. Therefore, there is an urgent

need to conduct comprehensive multidisciplinary

research on this issue.

This article aims to investigate the organizational

and legal aspects of implementing the latest IT in

the justice system. To achieve this aim, the

possibilities of using innovative technologies in

the digitalization of judicial proceedings have

been studied; the current state of international

and domestic legislation in the field of AI has

been analyzed; and proposals have been made to

improve the legal regulation of the use of AI in

Ukraine.

Literature Review

The topic of research on the comprehensive

analysis of the organizational and legal

foundations for the implementation of innovative

IT in judicial proceedings is quite new and under-

explored in domestic science. This issue has an

interdisciplinary nature, as it lies at the

intersection of several fields of knowledge ‒

information law, jurisprudence, and information

technology. The issue of applying machine

learning, big data, and artificial intelligence in

judicial proceedings is being actively researched

in developed countries, where these technologies

are already finding practical applications. These

issues were discussed in the works of the

following authors: Münch & Ferraz (2024),

Demertzis et al. (2023), Ho et al. (2020).

However, in Ukraine, this topic remains under-

explored in legal science. It is addressed only in

separate works by the following researchers:

Berezka et al. (2022), Kovalchuk et al. (2022),

and Kovalchuk et al. (2023). The few

publications by domestic scholars touch only on

certain aspects of the problem of digitizing

judicial proceedings, including Turkanova

(2023), Teremetskyi et al. (2023), Kovalchuk &

Teremetskyi (2023). However, comprehensive

studies on the implementation of AI in the

judicial system from an organizational and legal

perspective are practically non-existent. The

legal foundations of the organizational support of

the activities of the courts of Ukraine are

dedicated to the works of the following authors:

Pavlyuk (2020), Goncharuk & Bielova A (2022),

Svitlychnyi (2023). Thus, this study has a high

degree of scientific novelty, as it is one of the first

in Ukraine to comprehensively consider the

opportunities, challenges, risks, and legal aspects

of using AI in the judicial system based on an

analysis of global experience. Due to the lack of

a sufficient range of national scientific research,

particular attention is currently required to

address the issues of improving the

organizational and legal support of the activities

of courts based on the use of data science

methods and innovative IT, as well as adapting

legislation in the field of digital technologies and

data, including AI, by EU norms. The

improvement of legal norms on the widespread

use of AI in the judicial system also remains

relevant.

Methodology

This study employed a qualitative research

approach combining multiple methods to

develop evidence-based recommendations.

Specifically, a documentary analysis method was

used to critically review relevant scientific

literature, international documents, and

legislative acts from different countries,

including Ukraine, related to the regulation of AI

in the judicial system. A comparative analysis

method was applied to study and compare

different approaches to the legal regulation of AI

across various countries worldwide.

Furthermore, a case study method was

implemented to examine practical cases of

implementing digital technologies and AI

systems in the judicial systems of selected

countries.

To ensure methodological rigor, the

documentary analysis followed a systematic

process of searching, screening, and analyzing

relevant documents based on predefined

inclusion and exclusion criteria. The comparative

analysis involved a structured framework to

evaluate and contrast AI regulation approaches

across countries based on key dimensions such as

scope, principles, and enforcement mechanisms.

For the case study method, a purposive sampling

strategy was employed to select relevant cases

that demonstrated diverse applications of AI in

judicial processes. Triangulation of data sources,

including official reports, legal documents, and

expert interviews, was conducted to enhance the

validity and reliability of the findings.

Additionally, a risk and opportunity analysis was

carried out to comprehensively assess the

potential benefits, challenges, risks, and threats

associated with the use of AI in the field of

justice. This analysis was informed by the

insights gained from the documentary analysis,

comparative study, and case examinations, as

well as input from subject matter experts and

stakeholders.

Based on the cumulative findings from the

various methods employed, specific proposals

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and recommendations were formulated to

improve the legal regulation of AI use in

Ukraine's judicial system, addressing identified

gaps, mitigating potential risks, and capitalizing

on opportunities for enhancing judicial processes

through responsible AI adoption.

Results and Discussion

Use of IT Technologies in Digitalization of

Judicial Proceedings Worldwide

In countries with high crime rates, such as the

United States, the digital modernization of the

justice system is actively taking place through the

implementation of statistical methods, machine

learning, artificial intelligence, and big data

analytics. However, predictions made by

machines are not accurate, and the cost of errors

increases sharply when artificial intelligence is

applied in critically important areas related to

life, security, and freedom of people. Meanwhile,

the justice system is becoming increasingly

technologically complex, and its effectiveness

depends on processing vast amounts of

unstructured and disorganized data.

Artificial intelligence technologies are

increasingly being used in the justice system to

predict the likelihood of crimes and their

recurrence, assess risks in determining bail or

punishment, as well as to establish a person's

guilt or innocence (Yu et al., 2020). Law

enforcement agencies in developed countries are

actively involving predictive methods to identify

potential offenders, and crime victims, and

identify criminals. The application of machine

learning technologies in the judicial system can

be extremely useful. One of the key advantages

of AI is the ability to effectively analyze previous

court decisions in similar cases to reduce the

number of biased verdicts (Mathis, 2022).

Computer vision and image recognition

algorithms can automatically analyze video

surveillance, and identify people, license plates,

weapons, and other important details, helping

investigators find key evidence more quickly

(Gkougkoudis et al., 2022). Machine learning

technologies can analyze vast amounts of

financial data to detect suspicious transactions,

money laundering, fraud, etc., finding complex

patterns invisible to humans (Shetty et al., 2023).

AI algorithms can assess the risk of former

prisoners re-offending based on historical data to

determine the necessary monitoring and

rehabilitation measures (Berezka et al., 2022). AI

systems can quickly analyze large databases of

previous court decisions to search for relevant

precedents in the current case, helping lawyers

build more substantiated arguments. By

analyzing large data on previous sentences, AI

systems can assist courts in determining optimal

sanctions, taking into account various factors,

and reducing the risk of unjustifiably severe or

lenient punishments (Alghazzawi, 2022).

Machine learning can detect potential systemic

bias in the decisions of individual judges based

on race, gender, age, etc. AI algorithms allow for

efficient scheduling of court hearings, taking into

account the complexity of cases and the

availability of participants. Based on an analysis

of data on past proceedings, AI systems can more

accurately predict the expected duration of

different categories of cases (Shaikh et al., 2020).

Many progressive countries are actively

implementing a probation system, which allows

individuals convicted of non-serious crimes to be

released and begin the process of reintegration

into a law-abiding society. Probation legislation

and its functioning are regulated by national laws

and regulations of each state, which may include

different rules, procedures, and standards

depending on the region. In Ukraine, probation is

regulated by legislation that establishes the

conditions and procedures for the execution of

this type of punishment, with the key regulatory

act being the Criminal Executive Code of

Ukraine. However, there is a risk that courts may

impose overly lenient sentences, creating

potential threats to public safety. A dilemma

arises: to ensure the safety of society or to give

convicts a chance for resocialization and

correction. To make such decisions, reliable

information support is needed ‒ the application

of a scientific approach and artificial intelligence

algorithms, including the creation of predictive

models to determine the likelihood of recidivism

among convicts (Berezka et al., 2022).

There is also a “sensitivity and specificity

dilemma”: what is more important ‒ to prove the

innocence of a potential suspect (risking their

impunity) or to protect the rights of an innocent

victim? Because of this, crime facts are often

silenced by victims due to a feeling of insecurity

based on negative experiences from previous

cases where the guilty went unpunished. Solving

crimes is a complex task that requires significant

resources and expertise. Intelligent data analysis

models can provide effective solutions for non-

standard crime investigation problems. Artificial

intelligence algorithms are increasingly being

used in predictive justice, including the

qualification of crimes and their conformity with

criminal proceedings. Text analysis algorithms

provide reliable support in building an evidence

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base, judicial analytics, and making informed

decisions during proceedings (Ma et al., 2021).

Traditionally, law enforcement agencies have

acted reactively ‒ arresting criminals after crimes

have been committed. However, the emergence

of the latest technologies, such as intelligent data

analytics and artificial intelligence, has opened

unique opportunities for predicting and

preventing crime. New tools effectively gather

information from various sources (databases,

geospatial data, social media, news) and detect

hidden connections and patterns. The

exponential growth of data volumes has led to the

need for scalable algorithms for information

analysis. Today, predictive policing actively uses

AI predictive algorithms to identify criminals by

facial features, assess the risk of recidivism,

predict likely crime sites, monitor social media,

and more. Artificial intelligence systems are used

at various stages of criminal proceedings: to

determine the possibility of parole, and

participation in probation, calculate optimal

prison terms, and assess the defendant's danger.

In the high-tech society of the 21st century,

questions arise about recognizing humanoid

robots as legal entities, the feasibility of granting

them citizenship, and protection from global AI

threats. AI systems can be used for facial and

human silhouette recognition, tracking, and

information search on social networks. Such

technologies to some extent violate the right to

privacy, but at the same time, they make it

possible to make a balanced decision. Private

data can be encrypted, not stored, and not

disseminated to minimize risks.

The issue of the impact of AI on ensuring

transparency, fairness of justice, and the rule of

law remains unresolved, creating new

opportunities and threats for legal systems. For

example, judges and lawyers may use AI systems

to obtain recommendations on decisions in court

cases, which could facilitate the decision-making

process and help avoid bias. However, there are

risks in the field of justice related to human rights

violations or case law if AI decisions are

erroneous or the system is used for malicious

purposes.

Already today, judicial systems in many

countries around the world use digital tools such

as electronic document management systems,

video conferencing, analytical systems, AI, cloud

services, etc., which optimizes workflows and

increases productivity. International experience

in implementing innovative IT in the judicial

system demonstrates a general trend toward

digitalization and automation of judicial

processes. For example, Singapore has an

advanced eLitigation electronic litigation system

(Heng, 2023), Estonia has a fully digital court

system (Maakohtu, 2023), the UK uses an

advanced video conferencing and electronic

document exchange system (James, 2020). The

UAE uses artificial intelligence for document

translation, case distribution, and retrieval of

judicial practice (Park & Chai, 2021). Canada is

implementing solutions for automatic order

generation, evidence management, and

transcription of meeting records (Alcántara

Francia et al., 2022). Brazil uses digital case

management systems, electronic signatures, and

judicial statistics analysis (Reiling & Contini,

2022). China is developing a “Smart Court”

system based on AI, voice recognition, and big

data analytics to automate judicial proceedings

(Zheng, 2020). Some U.S. states use AI systems

for legal materials search, case outcome

prediction, and risk analysis (Sajida et al, 2023).

The introduction of innovative AI technologies,

machine learning, big data analytics, and digital

tools in the judicial system opens up new

opportunities to improve the efficiency, accuracy

and transparency of justice, but requires careful

consideration of ethical aspects, security

assurance, and respect for human rights.

Application of Innovative IT Technologies in the

Digitalization of the Judicial System of Ukraine

The judicial system of Ukraine is currently only

at the initial stage of digital transformation. Its

goal is to ensure the unity, transparency,

openness, accessibility, and human-centricity of

justice. In the context of the rapid development

of digital technologies, the digitalization of

judicial proceedings is considered an objective

necessity for creating an effective, independent,

and impartial judicial system, which is an

integral component of building Ukraine as a legal

European state. The digitalization of the court is

part of the State Anti-Corruption Strategy.

Ukraine has a Unified Judicial Information and

Telecommunication System (UJITS), which

provides automation of judicial processes,

document flow, office work, analytics, and

communication between courts through

electronic data exchange, video conferencing,

electronic digital signature, and other services.

Its legal basis is the Law of Ukraine “On Access

to Court Decisions” (Law of Ukraine No. 3262-

IV, 2005) and resolutions of the Cabinet of

Ministers “On Approval of the Procedure for

Maintaining the Unified State Register of Court

Decisions” (Law of Ukraine No. 1200/0/15-18,

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2018). One of its subsystems is the “Electronic

Court”, which allows filing claims and

documents electronically and participating in

hearings via video conferencing. The UJITS also

includes the Unified State Register of Court

Decisions since 2006, but it is still operating in

test mode with functional limitations. Since

March 2023, it has been possible to receive

notifications about cases and decisions in digital

format through the “Diya” application (Kibenko,

2023). The digital transformation of the judicial

system of Ukraine can increase its efficiency,

accessibility, and transparency through the use of

the latest technologies. However, the European

integration processes and the active war with

Russia impose new requirements on digital

justice in Ukraine, which can only be met on a

solid legal foundation (Ablamskyi et al., 2023).

The application of ML and AI in the legal field

opens up wide opportunities to increase

efficiency, optimize processes, and ensure

greater fairness in the justice system. However,

AI systems are not neutral and safe. AI-based

decisions can be inaccurate, and discriminatory

due to built-in biases, and become a new source

of errors and data leaks. AI algorithms can inherit

biases from training data and make biased

decisions based on race, gender, socio-economic

status, etc., violating the principle of equality

before the law. Many AI models are difficult to

explain and interpret, which can undermine trust

in the judicial system. AI systems can make

mistakes due to incomplete, outdated, or biased

training data, causing erroneous judicial

decisions with serious consequences.

The use of AI in justice also poses risks to human

rights and due process without proper safeguards.

There is a threat of malicious use or manipulation

of AI systems in judicial proceedings to achieve

biased goals. In case of errors, it is unclear who

should be held responsible ‒ developers, data

providers, or judges. This creates serious risks to

confidentiality, fairness, respect for human

rights, and other fundamental values. The

application of AI in the justice system can pose

several risks and threats if it is not properly

regulated and controlled.

Legal Regulation of Artificial Intelligence in the

World

One of the most progressive and promising

technologies of our time is AI. Thanks to the

rapid development of computer computing

power and cloud technologies, AI systems can

operate with huge amounts of data and perform

complex calculations in record time. Machine

learning allows AI systems to self-learn from

data, identify complex patterns, and adapt to new

situations. AI has wide applications in various

fields, which determines its interdisciplinary

nature. Due to intensive research and investment,

AI technologies are constantly improving,

expanding their capabilities and areas of

application. This causes additional ethical and

legal challenges in the use of AI algorithms. Its

progressive nature also requires careful study of

the ethical and legal issues associated with

ensuring security, transparency, and respect for

human rights.

Currently, there is no universal international

legislation that would comprehensively regulate

the field of AI. However, several international

organizations are developing recommendations,

guidelines, and standards in this area. In

particular, the United Nations, through

UNESCO, in 2021 adopted the Recommendation

on the Ethics of AI, which calls on states to

develop legal regulation of AI based on the

principles of respect for human rights,

inclusiveness, equality, privacy protection, etc.

(Ramos, (s.f)). The Organization for Economic

Cooperation and Development (OECD) in 2019

adopted the OECD Principles on Artificial

Intelligence, defining standards for the

responsible use of AI in the interests of people

and society (OECD, 2019). In 2021, NATO

endorsed the Principles on the Use of AI to

ensure the responsible and ethical development

and implementation of AI technologies in the

defense sphere (Taddeo et al., 2021). The

International Organization for Standardization is

developing technical standards related to AI.

International legislation in the field of AI is still

in its early stages of development, and most

countries are only shaping national approaches to

regulating artificial intelligence.

Different countries approach the regulation of the

AI field differently, but many have already

developed or are developing relevant regulations.

The United States does not have a single federal

law on AI, but there are separate initiatives and

bills at the state level. For example, in California,

there has been an artificial intelligence law in

decision-making since 2022 (Bosley et al., 2023).

China pays close attention to the comprehensive

development of AI and the formation of an

appropriate legal framework. In 2017, the

National Plan for the Development of Emerging

Industries was adopted, which sets a course for

leadership in AI. In 2020, the “AI Standards

Guide” with recommendations for its use was

published. It is planned to develop regulations on

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the ethics, security, and regulation of AI. China

is developing a comprehensive state policy to

stimulate research, development, and application

of advanced AI technologies, as well as forming

a legislative framework to ensure a balance

between innovation and risk control (Tu et al.,

2022). In 2023, the UK presented a White Paper

on flexible AI regulation and a code of practice

(Kurth, 2023). In 2022, Canada adopted the

Directive on Automated Decision-Making

Systems for the public sector and is developing a

draft AI Act (Canaan, 2023). In 2019, Japan

approved the Data Business Development

Strategy and the Artificial Intelligence Strategy,

and AI legislation is expected to be developed

(Maruyama & Nicola, 2022). In 2023, Singapore

updated its National AI Strategy and is shaping

regulatory approaches to prevent risks (Kaur,

2023). In 2023, India presented a draft National

AI Policy (Dumouchel, 2023). Most countries

recognize the need to regulate AI to ensure

security, ethics, and respect for human rights, but

specific approaches vary depending on national

priorities.

Legal and Regulatory Framework for Using AI

in the Ukrainian Judicial System

In Ukraine, the situation with regulating the use

of AI at the regulatory level is formal and needs

further improvement and more active concrete

actions to determine the ways of its application.

Currently, there is no separate legal act that

would comprehensively regulate the use of AI in

the judicial system. The digitalization of legal

proceedings is a dynamic process that requires

constant updating of the legal and regulatory

framework, as well as information and technical

support. On May 26, 2021, the Law of Ukraine

On Amendments to Certain Legislative Acts of

Ukraine Concerning the Gradual Implementation

of the Unified Judicial Information and

Telecommunication System came into force

(Law of Ukraine No 1416-IX, 2021). This law

was adopted by the Verkhovna Rada of Ukraine

on April 27, 2021, to ensure the gradual

implementation of the Unified Court Information

and Telecommunication System (UCITS)

(Teremetskyi & Duliba, 2023). Ukraine has been

developing and discussing AI legislation, but no

AI law has yet been officially adopted. It is

actively exploring the possibility of creating a

regulatory framework for AI and studying the

experience of other countries.

In Ukraine, there are legislative acts that relate to

certain aspects related to AI, such as data

protection, intellectual property, cybersecurity,

etc. However, the current legislation contains

only isolated references to the use of information

technologies in legal proceedings, but without

details regarding artificial intelligence. Issues of

ethics, safety, and responsibility in the use of AI

also need to be regulated. It is necessary to

clearly define the range of tasks and processes

where AI can be used in legal proceedings,

establish requirements and standards for

algorithms, models, and data for AI systems in

courts, and provide guarantees of human rights

and avoidance of bias. Transparent regulation

will help increase trust in the use of AI in legal

proceedings. An important issue is the adaptation

of the legal and regulatory framework for judicial

information systems in Ukraine to European

legislation and the improvement of the principles

of their functioning to ensure the possibility of

easy integration with EU systems.

Conclusions

The analysis of the state of application of AI tools

in the judicial systems of countries around the

world shows that artificial intelligence

algorithms are being actively implemented in the

judicial systems of many countries, including

Ukraine. This optimizes judicial processes,

increases the efficiency of the judicial system,

and ensures fair justice. The use of AI in legal

proceedings opens up wide opportunities but also

carries risks and threats related to bias, violation

of human rights, loss of control, and undermining

trust in the judicial system. At the international

level, recommendations, principles, and

standards are being developed for the ethical and

responsible use of AI, but there is still no

universal legislation. Most countries in the world

are forming national approaches to the legal

regulation of the AI field, but specific solutions

differ depending on priorities.

In Ukraine, there is currently no comprehensive

legislative regulation of the use of AI in the

judicial system, with only isolated mentions in

regulations without details. For the effective

implementation of AI in the Ukrainian judicial

system, it is necessary to develop a clear legal

framework, establish requirements and

standards, provide guarantees of human rights,

and avoid bias, as well as adapt legislation to EU

norms. Today, there is an urgent need to establish

a proper legal basis to ensure the safe, ethical,

and responsible application of artificial

intelligence technologies in the justice system of

Ukraine.

To improve the current legal and regulatory

framework, which only partially mentions the

use of information technologies in legal

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distribution, and public communication of the work, as well as the creation of derivative works, are permitted provided that

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proceedings, but does not detail the application

of artificial intelligence, it is necessary to

regulate several organizational and legal aspects:

I. regulate compliance with ethical norms, ensure

information security, and assign responsibility

for the risks of using artificial intelligence; II.

clearly outline the range of tasks and processes

where AI can be used in legal proceedings; III.

establish uniform requirements and standards for

algorithms, models, and data for artificial

intelligence systems in courts; IV. provide

guarantees for observing human rights, avoiding

discrimination and bias in the application of

artificial intelligence; V. ensure transparent

regulation that will help increase public trust in

the use of artificial intelligence in legal

proceedings.

AI is constantly evolving, so legislation in the

field of its application needs constant

improvement and adaptation to new realities.

Rapid progress in this area poses new challenges.

To ensure the safe, ethical, and responsible use of

AI technologies, it is necessary to regulate the

following organizational and legal aspects at the

level of laws and regulations: I. periodic review

of existing norms and standards, since with the

development of AI, new risks or problem areas

may emerge that will require regulatory

regulation; II. flexibility and adaptability of legal

regulation to ensure the development of

innovation while simultaneously setting clear

boundaries and limitations to prevent abuse or

violation of human rights; III. harmonization of

the legal framework at the international level

through the adoption of common principles and

standards for the use of AI. IV. Consideration by

the legislation of ethical principles such as

transparency, accountability, non-

discrimination, confidentiality, and protection of

personal data in AI systems; V. involvement of

all stakeholders - developers, businesses, civil

society, experts ‒ in the process of forming AI

policy and legislation to ensure a balanced

approach.

Legislation regulating the creation and use of AI

systems is developing in many countries and

does not yet have clear international standards.

Laws and regulations can vary across different

regions and include issues around safety,

by a robot, and many other aspects. However, it

is important to consider issues of privacy, ethics,

and accountability in the context of using

artificial intelligence in the justice system.

Guarantees are also needed that AI algorithms

and systems do not discriminate against any

group of people and adhere to the principles of

fairness. The use of AI in legal proceedings can

have both positive and negative impacts on case

law and human rights violations. It is important

to ensure that the use of these technologies is fair,

effective, and meets the requirements of human

rights and justice.

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