LEGAL AND ORGANIZATIONAL PRINCIPLES OF THE USE OF ARTIFICAL INTELLIGENCE IN THE CIVIL JUSTICE OF UKRAINE

Abstract

The article carries out a legal analysis of issues related to the characterization of the content of the concept of artificial intelligence and considers the procedural possibilities of its use in the procedural activities of the court and civil case participants in the consideration and resolution of a civil case. One of the directions of the reform in civil justice is considering the option of using artificial intelligence in the activities of the court and participants in the judicial process to perform their procedural functions in civil justice. The beginning of the new century was marked by the intensive development of new progressive technologies that radically change the life of human society on the way to the introduction of digital technologies and the expansion of the spheres of use of artificial intelligence. Such important types of human activity as law and legal practice are no exception. The legal basis for the introduction of artificial intelligence in civil proceedings is the adoption by the European Commission of the Council of Europe on the effectiveness of justice of the Ethical Charter on the use of artificial intelligence in the judicial system and its environment [3] and the adoption of the White Book on artificial intelligence, which should be considered as a strategic direction for introduction in artificial intelligence judiciary as a European approach to ensuring excellence and trust in justice [4]. At the scientific and practical levels, research is carried out, first of all, the concept of “artificial intelligence” from legal and technical positions, the possibilities and forms of its use in the judicial process are proposed, the types of procedural activity of the subjects of the judicial process in which the use of artificial intelligence is possible, and the consequences of such are theoretically predicted using. The need for a differentiated approach to the use of artificial intelligence, as special computer intelligent systems, which must necessarily work under human control, taking into account such material and legal factors as the level of complexity of a civil case, the ability to distinguish and learn the actual circumstances of the case, to distinguish the necessary evidence and correctly evaluate them, be able to correctly take into account social norms, the age of the participants in the legal process, propose a solution to the case based on the analogy of law and the analogy of the law. A computer-digital system of artificial intelligence should be able to generalize the legislation according to which a civil case should be decided, analyze judicial practice, scientific doctrines, in order to become, first of all, an assistant to the judge in matters of making a final, substantiated, legal, motivated court decision, which can be practically done.