Digitalization of justice in Ukraine: prospects and risks.

Abstract

The scientific article examines the process of digitalization of judicial proceedings in Ukraine, its prospects and associated risks. In particular, the regulatory framework is analyzed, in particular the Concept of the Development of Artificial Intelligence, other regulatory acts on digitalization and e-justice, as well as key scientific approaches to defining the concept of “digitalization of judicial proceedings”. Particular attention is paid to the functioning of the Unified Judicial Information and Communication System, which provides electronic document flow, video conferencing, online access to court decisions, integration of the judge’s and participants’ offices, as well as other mechanisms of operational interaction. Analysis of the evolution of electronic judicial proceedings demonstrates gradual development – from basic automation of document flow in courts of general jurisdiction to the creation of the Unified State Register of Court Decisions, which is currently a key subsystem of the Unified Judicial Information and Communication System.
The prospects and risks of using artificial intelligence in the preparation of draft procedural documents and modeling the optimal procedure for considering cases are separately highlighted. Its potential for increasing the efficiency of judicial processes, reducing the burden on judges, unifying practice and improving the quality of procedural decisions was identified. At the same time, attention was focused on the risks: opacity of algorithms, possible reproduction of bias, limited verification of automated decisions, uncertainty of legal liability and impact on the implementation of procedural guarantees. As a result of the study, it was concluded that the further development of the digitalization of judicial proceedings in Ukraine requires a combination of technological innovations with compliance with procedural guarantees, improving the regulatory framework and ensuring the reliability of the system.