Problems of legal regulation of artificial intelligence in administrative judicial procedure

Oleksandr Shevchuk (), Volodymyr Martynovskyi, Olena Volianska (), Ihor Kompaniiets () and Oleg Bululukov ()
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Oleksandr Shevchuk: Department of Administrative Law and Administratively Activities, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
Volodymyr Martynovskyi: Department of Administrative Law and Administratively Activities,Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
Olena Volianska: Department of Sociology and Political Science, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
Ihor Kompaniiets: Department of Administrative Law and Administratively Activities, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
Oleg Bululukov: Department of Criminalistics, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

Juridical Tribune - Review of Comparative and International Law, 2023, vol. 13, issue 3, 346-362

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.

Keywords: right to judicial protection; artificial intelligence; digital technology; electronic technology; administrative judicial procеdure; legal regulation. (search for similar items in EconPapers)
JEL-codes: K23 K24 K41 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:13:y:2023:i:3:p:346-362

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