AI technologies in the judiciary: european standards and ukrainian practice

Abstract

The article provides a comprehensive analysis of the growing influence of artificial intelligence (AI) technologies on the field of justice, with a particular focus on developments within European and international institutions. Taking into account the increased academic attention to this issue, the article reviews key policy documents that set the ethical and operational framework for the use of AI in justice systems. The article also highlights the establishment of a dedicated Resource Centre on Cyberjustice and AI within the CEPEJ, that provides institutional support for the exchange of best practices and legal tools in the field of AI appli­cations in justice. The article aims to explore the introduction of developed policies during practical implementation of AI technologies in the field of justice, particularly in the Ukrainian context. The particular attention is paid to emerging trends and practices analysis in the use of AI in judicial processes, based on broader international and European standards. The research is divided into three main parts: the first part contains an overview of developed approaches to the use of AI in justice within the Council of Europe and other international organizations; the second part examines the first domestic regulatory initiative on the use of AI in the administration of justice, introduced by the High Anti-Corruption Court of Ukraine (HACC); the third part explores the approach of Supreme Court to the legal qualification and implications of the use of AI by parties of the case in their case law. The article contributes to the scientific debate on how national jurisdictions can responsibly adapt to technological innovations, while upholding fundamental legal principles and ensuring the protection of human rights in the digital era.