Перспективи правового регулювання застосування штучного інтелекту в системі правосуддя України

The article explores the prospects for the legal regulation of the application of artificial intelligence in the justice system of Ukraine. The study begins with an analysis of the Concept for the Development of Artificial Intelligence in Ukraine, approved by the Order of the Cabinet of Ministers of Ukraine dated 2 December 2020. It also explores the new provisions of the Code of Judicial Ethics, as amended by the Decision of the Congress of Judges as of 18 September 2024, regarding the use of artificial intelligence technologies by judges. The article notes the absence of a special law on the legal regulation of artificial intelligence in Ukraine. Reference is made to the ‘White Paper on Artificial Intelligence Regulation in Ukraine: Vision of the Ministry of Digital Transformation of Ukraine’ (version for consultation, June 2024), which provides for two stages in the introduction of artificial intelligence regulation in Ukraine: stage 1 (preparatory) and stage 2 (adoption of a law analogous to the EU Regulation on Artificial Intelligence, the Artificial Intelligence Act). The article also refers to sectoral recommendations developed for the use of artificial intelligence in various fields, in particular, “Recommendations on the Responsible Use of Artificial Intelligence for Lawyers”, “Recommendations on the Responsible Use of Artificial Intelligence by Public Servants”, “Recommendations on the Responsible Use of AI: Intellectual Property Rights Issues”, “Recommendations on the Responsible Development of Systems Using Artificial Intelligence Technologies”, “Recommendations on the Responsible Implementation and Use of Artificial Intelligence Technologies in Higher Education Institutions”, “Instructional and Methodological Recommendations on the Introduction and Use of Artificial Intelligence Technologies in General Secondary Education Institutions”, “Recommendations on the Responsible Use of Artificial Intelligence in the Field of Advertisement and Marketing Communications”, “Recommendations on the Responsible Use of Artificial Intelligence in the Media”. The provisions of the Concept of the UJICS, approved by Order No. 178 of the State Judicial Administration of Ukraine dated 30 April 2025, regarding the use of artificial intelligence in the functioning of the UJICS (Unified Judicial Information and Communication System) subsystems, are analyzed in detail. The importance of developing and adopting the recommendations (guidelines) or a model regulation on the use of artificial intelligence in the Ukrainian justice system, particularly in courts, is emphasized. The prospects and necessity of developing and adopting a special law on the regulation of artificial intelligence in Ukraine, analogous to the EU Regulation on Artificial Intelligence (the Artificial Intelligence Act), is noted. Such a law should, among other things, include provisions on the use of artificial intelligence in the justice system. In addition, the importance of guiding, in particular by the provisions of the General Data Protection Regulation when developing provisions of Ukrainian legislation on the use of artificial intelligence in Ukraine’s justice system is noted. It is concluded in the article that the effective implementation of artificial intelligence in the justice system of Ukraine should be based on an appropriate regulatory framework that takes into account both the opportunities and risks associated with the use of artificial intelligence.