The article is devoted to clarifying the key provisions of the EU Law on AI and its impact on the judicial system of Ukraine. It is noted that AI has significantly expanded the capabilities of information technologies in courts, and countries such as China, the USA, Japan, and the UK already have the practice of using AI in judicial proceedings. It is indicated that in most countries there is a significant gap between the level of implementation of AI in judicial systems and the legal regulation of these processes, which led to the adoption of the EU Law on AI, the provisions of which will come into force in 2026. The doctrinal understanding of the concept of “artificial intelligence” is revealed. It is found that the EU Law on AI does not define AI, but at the same time contains the concept of “AI system”, at the level of national legislation the concept of “artificial intelligence” is enshrined in the Concept of the Development of Artificial Intelligence. It is established that the adoption of the EU Law on AI should become the basis for the formation of the legal regime of AI at the international and national levels. A doctrinal understanding of the concept of “legal regime of AI” is presented. It is noted that the need to form a legal regime of AI is due to a number of advantages (automation of legal processes, analysis of large data sets, use of algorithms to predict court decisions) and potential risks of such technologies (problems with transparency and accountability, discrimination, threat to privacy and confidentiality), which requires an assessment of their impact on human rights and principles of justice. It is established that the EU Law on AI is general, but refers the judicial system to high-risk areas of application of AI and sets mandatory requirements for AI technologies in this area (transparency, non-discrimination, data quality, human control, security and cyber protection). It is concluded that the establishment of such requirements by the EU Law on AI will clearly affect the judicial system of Ukraine, as its provisions must be implemented into national legislation in order to harmonize it with European legislation. At the same time, the judicial system of Ukraine must be open to adapting the provisions of the EU Law on AI and ensure the functioning of AI technologies that meet the requirements established by it.
Horobets et al. (Tue,) studied this question.