Artificial Intelligence in justice: constitutional and legal aspect

The article examines the constitutional and legal aspect of introducing artificial intelligence into the justice system of Ukraine. The author, based on the analysis of existing scientific approaches and concepts to understanding the meaning and role of artificial intelligence in the field of justice, identifies potential prospects for introducing artificial intelligence into the justice system. Special attention is paid in the article to the analysis of the experience of individual foreign states in the field of using artificial intelligence in justice and its compliance with fundamental legal principles. Taking into account the experience of some foreign states in the studied field, the author concludes possible directions for Ukraine. The article substantiates the need to develop proposals for amending and supplementing the Constitution of Ukraine regarding the judiciary in connection with the introduction of artificial intelligence technologies in this field. In particular, it is argued that such a need is due to the need to regulate the use of artificial intelligence in judicial proceedings in such a way as to ensure a balance between technological progress and the fundamental principles of justice, as well as to prevent violations of human rights due to opacity and algorithmic bias. The author has developed specific proposals for amendments to the Constitution of Ukraine, which would determine the permissible limits and fundamental principles of the use of artificial intelligence in justice. In particular, the possibility of enshrining in the Fundamental Law of Ukraine the principle of human control over algorithmic decisions of artificial intelligence, mandatory transparency and explainability of decisions used by artificial intelligence systems, as well as the definition of guarantees for citizens regarding the review of court decisions made with the involvement of relevant technologies is considered.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-04-29
DOI
https://doi.org/10.24144/2788-6018.2025.02.16
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Artificial Intelligence in justice: constitutional and legal aspect

І. М. Берназюк
Analytical and Comparative Jurisprudence
Digital Transformation in Law
article

Artificial Intelligence in justice: constitutional and legal aspect

І. М. Берназюк
article en

Abstract

The article examines the constitutional and legal aspect of introducing artificial intelligence into the justice system of Ukraine. The author, based on the analysis of existing scientific approaches and concepts to understanding the meaning and role of artificial intelligence in the field of justice, identifies potential prospects for introducing artificial intelligence into the justice system. Special attention is paid in the article to the analysis of the experience of individual foreign states in the field of using artificial intelligence in justice and its compliance with fundamental legal principles. Taking into account the experience of some foreign states in the studied field, the author concludes possible directions for Ukraine. The article substantiates the need to develop proposals for amending and supplementing the Constitution of Ukraine regarding the judiciary in connection with the introduction of artificial intelligence technologies in this field. In particular, it is argued that such a need is due to the need to regulate the use of artificial intelligence in judicial proceedings in such a way as to ensure a balance between technological progress and the fundamental principles of justice, as well as to prevent violations of human rights due to opacity and algorithmic bias. The author has developed specific proposals for amendments to the Constitution of Ukraine, which would determine the permissible limits and fundamental principles of the use of artificial intelligence in justice. In particular, the possibility of enshrining in the Fundamental Law of Ukraine the principle of human control over algorithmic decisions of artificial intelligence, mandatory transparency and explainability of decisions used by artificial intelligence systems, as well as the definition of guarantees for citizens regarding the review of court decisions made with the involvement of relevant technologies is considered.

Analytical and Comparative Jurisprudence(2)
Human Growth Foundation (US)
Openalex Percentile: Top 87%
Digital Transformation in Law
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