Legal Regulation of the Use of Artificial Intelligence in the Judiciary of Ukraine in Accordance with EU Standards

Abstract

The relevance of the topic is driven by the intensive digitalization of justice, the development of artificial intelligence tools, and the necessity to balance the technological efficiency of the judicial system with the guarantees of the rule of law, judicial independence, and human rights protection.

The aim of the study is a comprehensive analysis of the current state of the legal regulation regarding artificial intelligence in the judicial system of Ukraine, determining its degree of alignment with European Union approaches, and formulating proposals to improve the legal model for integrating AI into judicial proceedings.

The methodological framework consists of general scientific and specialized legal methods. In particular, the system-structural method was applied to analyze the digital infrastructure of the judicial system; the comparative-legal method was used to contrast Ukrainian and European regulations; the formal-legal method was employed to examine legislative acts; and the generalization method was used to formulate conclusions on the prospects of AI development in justice.

The research results indicate that the legal regulation of artificial intelligence in Ukraine is in its formative stage and remains fragmentary. It has been established that the primary elements of the regulatory framework include strategic documents, ethical guidelines, and certain norms of procedural legislation that only partially cover AI usage. At the same time, Ukraine’s judicial system already operates on the basis of digital tools (the Unified Judicial Information and Telecommunication System, “Electronic Court,” and judicial decision registries), creating the infrastructural prerequisites for AI integration. International regulatory approaches, specifically the EU AI Act and the Council of Europe Framework Convention, were analyzed, as they establish a risk-based AI management model and emphasize the necessity of maintaining human control over judicial decision-making. It is argued that the most appropriate model for Ukraine is “intelligent assistance,” where AI is used as a supporting tool for judges and judicial administration without delegating the function of administering justice.

The conclusions propose directions for improving the legal regulation, including the development of specialized AI legislation, the implementation of a registry for AI systems used in the judiciary, risk assessment mechanisms, regulatory sandboxes, and a system of independent oversight for the application of such technologies.