HARMONIZATION OF UKRAINIAN LEGISLATION WITH EUROPEAN LAW IN THE FIELD OF DIGITAL TRANSFORMATION OF COURTS

УДК 342.95:[004:351]

ORCID: 0009-0006-0978-9783

DOI 10.37566/2707-6849-2023-3(44)-4

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Daniil KRYVTSUN,

graduate student of the Department of Public Policy, Educational and Scientific Institute "Institute of Public Administration" of V.N. Karazin Kharkiv National University

HARMONIZATION OF UKRAINIAN LEGISLATION WITH EUROPEAN LAW IN THE FIELD OF DIGITAL TRANSFORMATION OF COURTS

The article is devoted to the problems of harmonization of national legislation in the era of digital transformation of courts with European law. The article reveals the essence of harmonization of Ukrainian legislation with European law in the field of digital transformation of courts. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the harmonization of Ukrainian legislation with European law in the field of digital transformation of courts were studied. The European experience of the digital transformation of courts was analyzed and ways of harmonizing Ukrainian legislation with European law in the above-mentioned area were proposed.

The theoretical problems of the digital transformation of the judiciary of Ukraine with European law are determined. A system of measures, functions and principles of harmonization of national legislation in the era of digital transformation of courts with European law is proposed. The stages of harmonization of legislation on the digital transformation of Ukrainian courts with European law are named. A comparative analysis of the legislative regulation of the judiciary in the era of digital transformation in Ukraine and in foreign countries was carried out, on the basis of which proposals were developed regarding the possibility of using foreign experience in the law-making activity of the state.The author argues that the observance of fundamental digital human rights and freedoms to some extent depends on the perfection of national legislation on judicial proceedings and legal mechanisms that will regulate the field of artificial intelligence used in courts. The article substantiates that the draft resolution of the European Parliament and the Council, proposed by the European Commission, establishing unified rules for artificial intelligence (Artificial Intelligence Act) and amending some EU legislative acts, is an important stage in the formation of the legal basis for regulating the use of artificial intelligence systems in courts, which must stand the test of time, balance the protection of fundamental rights, ensure legal certainty and stimulate innovation.

Key words: digital transformation, national courts, European law, European judiciary, electronic court, digital technologies.

References

Kovalenko L. P. Theoretical problems of information law development of Ukraine. Kharkiv: Pravo, 2012. P. 246. [ukr.].

National Security Strategy of Ukraine / National Security and Defense Council of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/392/2020#Text [ukr.].

Concept of the development of artificial intelligence in Ukraine / Cabinet of Ministers of Ukraine. 2.12.2020. URL: https://www.epravda.com.ua/news/2020/12/2/668750/ [ukr.].

Recommendation of the Council on Artificial Intelligence URL: https:// legalinstruments. oecd.org/en/instruments/OECD-LEGAL-0449 [ukr.].