APPLICATION OF ARTIFICIAL INTELLIGENCE IN THE ADMINISTRATION OF JUSTICE: PROSPECTS AND CHALLENGES

Abstract

Due to the fact that judicial activity as a type of state activity will continue to be subject to digital transformation in one way or another, it is necessary to reflect on what should be the expansion of the use of artificial intelligence in the administration of justice. Currently, Kazakhstan lacks any systematic regulation of the application of artificial intelligence not only in justice, but also in other spheres of life. While artificial intelligence with all its positive possibilities of data systematisation, generalisation, unlimited possibilities of storage and operational search cannot be attributed completely to a safe programme. Artificial intelligence carries certain threats of negative impact on human security and fundamental rights. The technical capabilities of artificial intelligence should not reduce the quality of judicial decisions. Consequently, at present there is an urgent need to study the trends in the development of the judicial system in terms of legal regulation of the use of artificial intelligence in justice, identifying possible problems of its implementation, potential threats and risks in terms of achieving uniformity of law enforcement judicial practice. On the basis of scientific theoretical and legal approaches to the development of digital transformation of the judicial system, identification of risks and problems of the use of artificial intelligence in justice, this article proposes priority measures for the formation of normative and legal regulation of the use of artificial intelligence for the protection of the rights and freedoms of citizens and legal entities by the court: limitation of the scope of application of artificial intelligence in justice for its adjudication; introduction of mandatory certification of artificial intelligence in order to ensure the security of personal data of participants in the judicial process, transparency of its action, correction in case of failure, as well as the responsibility of the developer of artificial intelligence for programming the intelligence for a certain malicious result, prohibition of shifting the responsibility for adjudication to artificial intelligence.