The article clarifies the theoretical and practical aspects of the use of artificial intelligence in law-making and law-enforcement legal activities, establishes the state of legal regulation of the use of artificial intelligence, analyzes the use of artificial intelligence in the field of law-making and adoption of regulatory legal acts, and identifies the problems of using artificial intelligence in the field of law-enforcement and administration of justice. The issue of the use of artificial intelligence is quite controversial, since there are a number of arguments for and against. Moreover, practice also demonstrates to us a kind of dualism, we have both quite successful cases and cases when the use of artificial intelligence is denied. As for the legal regulation of artificial intelligence, in Ukraine it is very limited. Since January 1, 2023, the Law of Ukraine “On Copyright and Related Rights” dated December 1, 2022 No. 2811-I (sui generis regime for the protection of non-original works) has been in force. Instead, the EU adopted the European Union Regulation on Artificial Intelligence (EU AIA) on March 13, 2024. In our opinion, such a single document should also appear in Ukraine (since, unfortunately, Ukraine is not yet a member of the EU and the aforementioned Regulation does not apply to it). For now, it seems important to regulate the use of artificial intelligence in the academic sphere, for which the draft law “On Academic Integrity” No. 10392 of 08.01.2024 can be used as an option. As for the use of artificial intelligence in the field of lawmaking, artificial intelligence can most likely be used for analytical activities in the field of the lawmaking process, that is, for analyzing gaps, establishing prospects for legal regulation, optimizing certain technical processes, unifying terminology and approaches, and avoiding conflicts and gaps. On the one hand, this will actually be a significant boost that will not raise doubts (or will raise minimal ones) about legitimacy. On the other hand, we would leave the issue of quality and the possibility of conducting such work with minimal human involvement open for now, since trust in the result is not yet unquestionable and requires professional human assessment and control. Writing an entire law or some other regulatory act entirely with the use of artificial intelligence raises questions about the quality of such a text, as well as democratic legitimacy. As for the use of artificial intelligence in law enforcement, its use should be more related to information search, the formation of algorithms for assessing the effectiveness of justice, etc. Both for the judges themselves, and for the parties and, above all, lawyers, ethical issues and their professionalism should come to the fore, which artificial intelligence can only supplement, not replace.
Kuzmenko et al. (Thu,) studied this question.