REGARDING THE DETERMINATION OF THE LEGAL BASIS FOR THE USE OF ARTIFICIAL INTELLIGENCE IN THE IMPLEMENTATION OF ADMINISTRATIVE PROCEEDINGS IN UKRAINE
Authors:   Mariupol State University, Volik V. , Reznik О. ,   Sumy State University
Published: August 2024

The article is devoted to the determination of the legal principles of the use of artificial intelligence in the implementation of administrative proceedings in Ukraine and the formation of the author's vision regarding their classification. It was considered in which international normative documents in one way or another the issue of using artificial intelligence in the administration of justice was regulated. In particular, it was established that the absence of a direct prohibition in the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) regarding the use of artificial intelligence in the administration of justice does not exclude the possibility of using these advanced technologies during the administration of justice. Particular attention is paid to the provisions of the Resolution on intellectual property rights for the development of artificial intelligence technologies, in the provisions of which there is a clear principle of distinguishing the features of the protection of creations created by humans with the help of artificial intelligence, and creations created by artificial intelligence itself. Attention is focused on certain norms of the European Ethical Charter regarding the use of artificial intelligence in judicial systems and their environment, and the main principles established in it, which must be followed in the field of artificial intelligence and justice, are listed. It has been found out which documents of the current national legal framework regulate to one degree or another the issues of using artificial intelligence in the process of administrative proceedings. It was established that the exclusion of the possibility of transfer of powers from the consideration and resolution of certain legal disputes by judges, as a constitutional principle of the administration of justice, does not directly indicate the prohibition of the use of artificial intelligence in the administration of justice by them, but on the contrary, it should effectively help in this process and contribute to the optimization of the work of the courts . Some norms of the legislation on copyright are analyzed in order to solve the question of whether the results of the functioning of artificial intelligence fall under the protection of copyright. It is emphasized that the use of information technologies in the form of artificial intelligence is subject to the national legislation on copyright. When studying the national legislation on administrative proceedings, it was concluded that the absence of a direct rule on the prohibition of the use of artificial intelligence in the implementation of administrative proceedings indicates the possibility of using these latest information technologies in this process. The main provisions of the Concept of the development of artificial intelligence in Ukraine, operating in Ukraine, were considered, as a result of which a normative definition of the term "artificial intelligence" was provided and the main tasks of the development of artificial intelligence in the field of justice were reflected. Key words: legal principles, justice, administrative proceedings, artificial intelligence, information technologies.