Problems of legal regulation of artificial intelligence in administrative judicial procedure
Problems of legal regulation of artificial intelligence in administrative judicial procedure
Author(s): Oleкsandr Shevchuk, Volodymyr Martynovskyi, Olena Volodymirivna Volianska, Ihor Kompaniiets, Oleg BululukovSubject(s): Philosophy of Law, ICT Information and Communications Technologies, Sociology of Law, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: right to judicial protection; artificial intelligence; digital technology; electronic technology; administrative judicial procеdure; legal regulation;
Summary/Abstract: The use of digital technologies in administrative courts uses the legal systems of the European Union and the world to strengthen the ways of protecting human rights. This paper examines certain problems of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions, risks and benefits, prospects for the use of artificial intelligence in administrative judicial procеdure, taking into account foreign experience in legal regulation in this area. The concept of "artificial intelligence" is investigated. It is emphasized that the use of artificial intelligence technologies in administrative judicial procеdure is an acceptable use only of specialized intelligent systems that can work under human control. It is stated that when considering administrative cases in an administrative court of minor complexity, it is possible to use artificial intelligence technologies, which will be able to independently generalize and analyze legislation, judicial practice and be a recommendation for a judge when making a fair and lawful decision on the principles of the rule of law. It has been established that the use of artificial intelligence technologies in administrative proceedings provides opportunities for the effective implementation of the right to judicial protection, but can be used to take actions that are contrary to the rule of law, in particular regarding the violation of the right to a fair trial in administrative cases in administrative courts. The latter requires the improvement of legal regulation of the use of artificial intelligence technologies in administrative judicial procеdure using international principles and standards.
Journal: Tribuna Juridică
- Issue Year: 13/2023
- Issue No: 3
- Page Range: 346-362
- Page Count: 17
- Language: English