ADOPTION OF LEGAL APPROACHES TO THE USE OF ARTIFICIAL INTELLIGENCE IN UKRAINE’S JUDICIAL SYSTEM

Abstract

The global judicial system is undergoing profound transformation. These processes directly affect Ukraine, where a transitional phase in the development of the judiciary can be observed: the previous institutional model is gradually losing its effectiveness, while a new model is still in the process of formation. Evidence of this transition is reflected, in particular, in Ukraine’s implementation of recommendations issued by the European Commission, as well as those of GRECO (Group of States against Corruption), aimed at ensuring transparency and impartiality in judicial proceedings. This includes, inter alia, the introduction of a system of random allocation of cases among judges, which is to be conducted “on the basis of clear and objective criteria,” as well as the digitalization of judicial processes, including the implementation of electronic processing of criminal cases.
It should be noted that one of the key instruments of the contemporary judicial system transformation is the use of artificial intelligence (AI). Its application is expected to contribute to the formation of a new judicial architecture, expand the possibilities of digital oversight over court procedures, and introduce automated case-handling mechanisms based on appropriate algorithmic solutions.
In the context of Ukraine’s digital integration with the European Union, particular attention is drawn to the European Union Regulation 2024/1689 (AI Act), which establishes the legal framework for the functioning of AI systems, including the provision and export of AI-based services and products to the EU market. This regulatory act implements a risk-based approach to AI governance: the higher the potential risk to human rights, fundamental freedoms, and safety, the stricter the regulatory requirements applied to the respective systems.
At the same time, despite the extensive practical use of AI technologies in Ukraine, there is currently no comprehensive national legislation regulating its application and administration across various sectors of social relations, including critical infrastructure, healthcare, education, and the judiciary. Moreover, there are no adequate legislative initiatives establishing an institutional oversight system for AI use. This concerns, in particular, the definition of authorized bodies responsible for conformity assessment and certification of AI systems, the formation of registries of high-risk AI systems, and supervision over their use in cases where such systems may pose significant risks to security or to fundamental human rights and freedoms.
The White Paper on Artificial Intelligence Regulation in Ukraine, proposed by the Ministry of Digital Transformation on 26 June 2024, outlines a recommendation-based approach to the development of normative policies. In particular, the document proposes the introduction of voluntary codes of conduct, which are primarily general and declarative in nature. At the same time, the proposed model does not effectively define the role of the state in exercising control and oversight over the use of AI systems.