CONSTITUTIONAL PRINCIPLES OF JUSTICE AND ARTIFICIAL INTELLIGENCE

Abstract

Introduction. In the context of the rapid development of artificial intelligence, constitutional law faces the question: where is the line between the technological assistance of the court and the danger of delegating justice to the algorithm? Artificial intelligence is increasingly penetrating the field of justice. Algorithms help lawyers quickly process large volumes of documents - it is convenient and saves time. A contextual search in the database of the Unified State Register of Court Decisions by the criterion of frequency of mentioning the terms "artificial intelligence" and "chat GPT" in court decisions showed that: 949 court documents were found for the keyword "artificial intelligence"; The "chat GPT" technology itself appears in 8 solutions. Almost a thousand mentions of AI testify to the sustainable practice of operating with these concepts. There is a need to determine the prospects for the transformation of the institutional design of the judiciary in order to positively influence the rule of law.

Purpose. The purpose of the study is to comprehensively study the impact of the constitutional principles of the administration of justice on determining the limits of the permissible use of artificial intelligence systems in judicial activities, as well as to substantiate the need to preserve the human-centered nature of justice in the context of the digital transformation of the judiciary. 

Materials and methods. The materials of the study are: 1) regulatory and legal support for the regulation of the use of artificial intelligence in the administration of justice; 2) works of domestic and foreign authors who conduct their scientific and practical research on the constitutional principles of justice and analysis, in particular on the regulation of the use of artificial intelligence in the administration of justice.  The methodological basis of the study is a complex of general scientific and special legal methods selected in accordance with its purpose and objectives. Thanks to the dialectical method, the transformation of the constitutional principles of judicial proceedings under the influence of technological progress was considered. The formal-legal method allowed us to analyze the normative content of the constitutional principles of justice and deontological norms. The comparative-legal method was used to compare domestic approaches with the acts of the EU legal system and the recommendations of international institutions (OECD, UNESCO, CEPEJ). Using the method of legal modeling, promising directions for the modernization of ethical codes of lawyers in the digital age were substantiated.

Results. Formation of a constitutional and legal approach aimed at ensuring a balance between the technological efficiency of judicial proceedings and the preservation of the human dimension of justice. The challenges and potential opportunities for digitalization of judicial proceedings arising from the interaction of technological innovations and constitutional principles of justice are investigated. It is discussed how the requirements of Article 129 of the Constitution of Ukraine, through practical law enforcement and case law of the Supreme Court, form legal safeguards against algorithmic risks, contributing to the protection of rights and freedoms in the digital age.  In addition, the problems and challenges that arise when technological models function on the principle of a "black box" or are used without proper human control are analyzed.

Prospects. In further scientific research, it is proposed to focus on the regulatory regulation of the limits of the use of artificial intelligence in courts, the implementation of the European AI Act and the updating of codes of ethics for lawyers and prosecutors. This will improve the protection of the constitutional principles of judicial proceedings, ensure due process and preserve mandatory human professional control over algorithms in the digital age.