Principles of use of artificial intelligence in justice

Abstract

The scientific article highlights legislative and theoretical approaches to determining the principles of using artificial intelligence in justice as technologies that occupy an increasingly important place and open up new opportunities for improving the judicial system, increasing the efficiency, transparency and accessibility of justice. It was found that the use of artificial intelligence in justice can become uncontrollable and unpredictable for a person, and therefore defining the limits of its use will minimize existing risks, including: violation of human rights, freedoms and interests, damage to the authority of the judiciary, etc. It is emphasized that the introduction of artificial intelligence must necessarily be carried out in compliance with the principles of justice (for example, the rule of law). In addition, the European Commission on Judicial Efficiency, taking into account a number of ethical, legal and other issues, approved the principles that must be followed in the case of the use of artificial intelligence in the judiciary. In particular, the work reveals the content of such principles of the use of artificial intelligence in judicial proceedings as: observance of basic human rights, non-discrimination, quality and safety of court decisions, compliance with Art. 6 of the Convention on the Protection of Rights and Fundamental Freedoms, as well as transparency, impartiality and fairness. At the same time, it is stated that artificial intelligence technologies used in justice carry the risks of disclosure of confidential data about a person, their discrimination on various grounds (such as the COMPAS program used in the USA), making unfair decisions due to errors in artificial intelligence algorithms, etc., and therefore one of the of the main principles compared to those indicated should be the use of artificial intelligence technologies in justice exclusively under human control. It was concluded that the gradual development of artificial intelligence technologies in justice will necessarily be accompanied by the emergence of new risks of their use by both judges, court employees, and parties, participants in a court case, which confirms the need for further study of the specified issue with the aim of revising the existing principles, supplementing their list with new ones and as a result of minimizing the harm that can be caused.