УДК 342.56:004.8

ORCID: 0000-0002-8494-1937

DOI 10.37566/2707-6849-2025-1(50)-3

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Andriy HACHKEVYCH,

Associate Professor of the Department of International and Criminal LawLviv Polytechnic National University, candidate of Law, associate professor

ESTABLISHING FRAMEWORKS FOR THE RESPONSIBLE USE OF ARTIFICIAL INTELLIGENCE IN THE UKRAINIAN JUDICIARY BASED ON FOREIGN EXPERIENCE

The adoption of new technologies by judges and court users presents various challenges and unpredictable risks, particularly concerning human rights and adherence to established standards of the administration of justice. Therefore, special frameworks should be set to regulate the use of artificial intelligence in the judiciary. These frameworks are expected to create tentative «safety rules» that govern the responsible utilization of artificial intelligence, promoting a more cautious approach. In this article, the author aims to summarize recommendations for Ukrainian judges and other court officials based on international practices. Special emphasis is placed on the development of «red lines», which are critical boundaries that, if crossed, could result in discrimination, violations of confidentiality and privacy, and inaccuracies in output data. The article focuses on adopted recommended acts for establishing the frameworks for using artificial intelligence in judicial proceedings. The author reviews the guidelines provided by the highest judicial authorities in countries such as Australia, Canada, Hong Kong, New Zealand, Singapore, and the United Kingdom. This comparison aims to highlight the necessity of developing similar guidelines for Ukrainian judges and other court officials, particularly after the Code of Judicial Ethics introduced a provision regarding the use of artificial intelligence. One of the essential safeguards for the responsible use of artificial intelligence in the Ukrainian judiciary is the accountability taken by judges and, in some cases, the parties involved in the proceedingsto ensure that advanced technologies support the objectives of the judicial system. Safe usage is achievable only when there is adequate awareness of artificial intelligence's capabilities and risks, as well as a sufficient level of digital literacy. The findings of the study highlight «safety rules» that, if adhered to, will help ensure that emerging technologies positively contribute to upholding the principles of justice.

Key words: artificial intelligence, generative artificial intelligence, artificial intelligence in judicial proceedings, judge's use of AI technologies, Code of Judicial Ethics, Ukrainian judiciary, responsible use of artificial intelligence, Supreme Court of the Republic of Singapore, Federal Court of Canada

References

Document for consultation: Draft UNESCO Guidelines for the Use of AISystems in Courts and Tribunals. UNESDOC Digital Library. URL: https://unesdoc.unesco.org/ark:/48223/ pf0000390781

Hachkevych A. Impact of Artificial Intelligence on the Sphere of theJudiciary and the Perspectives for Future Research. Slovo of the National Schoolof Judges of Ukraine. 2024. Vol.  46, iss. 1. Pp. 27–37. URL: https://doi.org/10.37566/2707-6849-2024-1(46)-3

Hachkevych A. Prerequisites for the Safe Use of AI Instruments by Judges. Slovo of the National Schoolof Judges of Ukraine. 2024. Vol. 47, iss. 2. Pp. 29–41.

Decision of the Congress of Judges of Ukraine «On Approval of the Code of Judicial Ethics», dated September 18, 2024. Official Webportal of the Parliament of Ukraine. URL: https://zakon. rada.gov.ua/rada/show/n0001415-24#Text

The Bangalore Principles of Judicial Conduct. Judiciary of Ukraine. URL: https://court.gov. ua/userfiles/02.pdf

Guidance for Judicial Office Holders. Courts and Tribunals Judiciary. URL: https://www. judiciary.uk/wp-content/uploads/2023/12/AI-Judicial-Guidance.pdf

Guidelines for use of generative artificial intelligence in Courts and Tribunals. Courts of New Zealand. URL: https://www.courtsofnz.govt.nz/going-to-court/practice-directions/practiceguidelines/all-benches/guidelines-for-use-of-generative-artificial-intelligence-in-courts-andtribunals/

Guidelines on the Use of Generative Artificial Intelligence for Judges and Judicial Officers and Support Staff of the Hong Kong Judiciary. Hong Kong Judiciary. URL: https://www.judiciary. hk/doc/en/court_services_facilities/guidelines_on_the_use_of_generative_ai.pdf

Registrar’s Сircular no. 1 of 2024. Guide on the Use of Generative Artificial Intelligence Tools by Court Users. The Supreme Court of the Republic of Singapore. URL: https://www.judiciary. gov.sg/docs/default-source/circulars/2024/registrar's_circular_no_1_2024_supreme_court. pdf?sfvrsn=996ec0d1_1

Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence. Federal Court. URL: https://www.fct-cf.gc.ca/en/pages/law-and-practice/artificial-intelligence

Notice To The Parties And The Profession. The Use of Artificial Intelligence in Court Proceedings. Federal Court. URL: https://www.fct-cf.gc.ca/Content/assets/pdf/base/FC-UpdatedAI-Notice-EN.pdf

Bell F., Moses L.B., Legg M., Silove J., Zalnieriute M. AI Decision Makingand the Courts. A guide for Judges, Tribunal Members and Court Administrators. The Australasian Institute of Judicial Administration Inc. URL: https://aija.org.au/wp-content/uploads/woocommerce_uploads/2022/06/ AI-DECISION-MAKING-AND-THE-COURTS_Report_V5-2022-06-20-1lzkls.pdf

Moses L.B., Legg M., Silove J., Zalnieriute M., Mahmood S. AI DecisionMaking and the Courts. A guide for Judges, Tribunal Members and CourtAdministrators. The Australasian Institute of Judicial Administration Inc. URL: https://aija.org.au/wp-content/uploads/2023/12/AIJA_AIDecisionMakingReport_2023update.pdf