ARTIFICIAL INTELLIGENCE AND THE RULE OF LAW: GLOBAL PRACTICE AND OPPORTUNITIES FOR UKRAINE

УДК 340.12:004.8

DOI 10.37566/2707-6849-2023-4(45)-5

PDF

Tetiana OHNEVIUK,

Candidate of Juridical Sciences (Ph. D.), Associate Professor at the Department of Law of the European University, Attorney-at-law

ARTIFICIAL INTELLIGENCE AND THE RULE OF LAW: GLOBAL PRACTICE AND OPPORTUNITIES FOR UKRAINE

         The article focuses on the issues related to the development and application of artificial intelligence in the field of justice. Given the rapid development of innovations, challenges and opportunities associated with the use of artificial intelligence by judges in their daily work, the impact of the use of the latest technologies on the rule of law is becoming an important part of the discussions between representatives of judicial systems around the world. Based on the analysis of the current European legislation which establishes the rules for the use of artificial intelligence, as well as cases of artificial intelligence application by judges around the world, the author concludes that it is necessary to conduct special training for court employees which would ensure both the acquisition of practical skills in the use of artificial intelligence technologies and the formation of an understanding of the entire range of problems which legal systems around the world are currently facing due to the rapid development of artificial intelligence and its application. In Ukraine, the potential possibility of considering standard, simple cases with the help of artificial intelligence is increasingly being discussed. The article contains warnings about the use of artificial intelligence to evaluation of evidences in a case, and also critically examines the position of replacing a judge in even minor cases.

In addition, the article reveals the existing shortcomings of decisions generated by artificial intelligence and their possible negative impact on public trust in the court. Summarizing, the author recognizes that scientific progress cannot be stopped. The justice sector, being as close to humans as possible, should implement artificial intelligence in its activities with reasonable restrictions due to the imperfection of the system and prevent violations of fundamental human rights and freedoms. The lack of transparency in the formation of decisions by artificial intelligence systems clearly threatens the basic principle of the rule of law and procedural and procedural justice as its component.

Key words:artificial intelligence, justice, studies of workers of courts, supremacy of right.

References

Robert Atkinson, ‘It’s Going to Kill Us!’ and Other Myths About the Future of Artificial Intelligence (2016). Information Technology 50 at 3.

The Privacy Expert’s Guide to Artificial Intelligence and Machine Learning (Future of Privacy forum, 2018) at 5; What is AGI?, (11 August 2013), online: Machine Intelligence Research Institute. URL: https://intelligence.org/2013/08/11/whatisagi/

Benoit Dupont, Yuan Stevens, Hannes Westermann, Michael Joyce, Artificial Intelligence in the Context of Crime and Criminal Justice (2018). Canada Research Chair in Cybersecurity, A Report for the Korean Institute of Criminology 11p.

Yefremov M. Shtuchnyi intellect, istiriia ta perspectivy rozvytku. URL: http://vtn.ztu.edu.ua/article/view/81625/79214

Noah Waisberg, Dr. Alexander Hudek, AI For Lawyers. How Artificial Inteligence ia adding value, amplifying expertise, and transforming careers (2021), 5 p.

Janus Rose, A Judje Used ChatGPT to Make a Court Decision(February 3,2023). URL: https://www.vice.com/en/article/k7bdmv/judgeusedchatgpt tomake court decision

Chloe Xiang, Scientists Inreasingly Can`t Explaine How AI Works (November 1, 2022). URL: https://www.vice.com/en/article/y3pezm/scientists increasingly cant explain howaiworks

Roman V. Yampolskiy, Unexpllainability and Incompreehensibility of Atrtificial Intelligence (June 20, 2019). URL: https://philarchive.org/archive/YAMUAI

European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment, Adopted at the 31th plenary meeting of the CEPEG (Strasbourg, 3–4 December 2018).

James A. Sprowl Automating the Legal Reasoning Process: A Computer That Used Regulations and Statutes to Draft Legal documents (1979) 4 American Bar Foundation Research Journal 1,5. URL: http://www.jstor.org/stable/828045

Europe fit for the Digital Age: Commission proposes new rules and actions for excellence and trust in Artificial Intelligence (April, 21,2021). URL: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1682

Al and the Rule of Law: Capacity Building for Judicial Systems, UNESCO. URL: https://www.unesco.org/en/artificialintelligence/rulelaw/moocjudges

Krachevskyi M., Raduutniy O. Ukrainian Report on Traditional Criminal Law Categories and AI (Artificial Inteligence) / Traditional Criminal Law Categories and AI: Crisis or Palingenesis? (International Colloquuium Section I, Siracusa, 15–16 September 2022) Edited by Lorenso Picotti, Beatrice Panattoni. RIDP, Vol. 94 issue 1, 2023. 385 p. 363–383.