The Use of Artificial Intelligence in Judicial Proceedings

19.04.2024, students of the Educational and Research Institute of International Relations, who are actively engaged in studying the world experience of regulatory regulation and the use of artificial intelligence (AI) in the activities of public authorities, particularly during the administration of justice, visited the Constitutional Court of Ukraine.

The students met with Viktor Horodovenko, the Constitutional Court of Ukraine judge, Viktor Beschastny, the Head of the Court's secretariat, and employees of structural subdivisions of the body of constitutional jurisdiction.

During the conversation,  key aspects of Opinion No. 26, "Moving forward: the use of assistive technologies in the judiciary", adopted on 1 December 2023 by the Consultative Council of European Judges (CCJE) and prepared based on previous opinions, in particular the Magna Carta of Judges (2010) and CCJE Opinion No. 14 (2011) "Justice and Information Technology (IT)", were discussed.

In this opinion, the meeting participants focused on the legal and ethical foundations of using artificial intelligence technology in the Ukrainian judiciary.

Viktor Horodovenko drew attention to the peculiarities of the use of AI by judges, emphasising the central role of a judge and his responsibility in case of using AI in his research or work, as well as the need for a judge to verify the relevant legal positions and the inadmissibility of their automatic application. According to him, it will still be a person who will make important decisions and be responsible for them. He also noted that it is necessary to be very careful when solving the problem of using artificial intelligence to avoid the institutional independence of the judiciary from the development companies that form the terms of reference for AI.

Viktor Horodovenko stressed that technology entails a large amount of data processing, so the key is to ensure human rights, including the right to personal data protection. According to the judge, the introduction of technological changes should aim to ensure effective access to justice.

At the end of the meeting, the participants exchanged views on these issues. They discussed ways to further cooperate on regulating the use of AI, which in the coming years will significantly impact the judiciary and society as a whole.

According to the Department of Communications and Legal Monitoring of the Constitutional Court of Ukraine

For reference, the scientific group for the study of the problems of artificial intelligence regulation was created by the decision of the Department of Private International Law of the Institute of International Relations in September 2024.