Transparency of Justice and Information Technology

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Abstract

Digital technologies and artificial intelligence (hereinafter referred to as AI) are increasingly being applied in judicial proceedings in various countries. The technologization of judicial processes significantly enhances their efficiency. It is noted that the idea of integrating AI technologies into the Russian judicial system is currently only at the stage of conceptualizing the problem.

The author analyzes the issue of judicial transparency in relation to the opacity of AI. The benefits of using AI in automating judicial processes are considered: automated case distribution among judges, automatic minute-taking of court sessions, which fully records the course and results of proceedings, and online broadcasting of court sessions. These benefits correlate with judicial transparency, making justice more predictable, fair, consistent, understandable, and explainable. The need to "seal" AI in judicial processes from external (non-regulatory) influences with appropriate system certification is emphasized. Issues related to predictable law and the competitiveness of judges with AI are explored.

The problems of technologizing the domestic judicial system are noted, including the selection of judicial and other acts for subsequent machine learning, their digitization, as well as staffing for this activity, technical equipment, and funding.

The author concludes that the demand for integrating AI into the Russian judicial system should come from the state, represented by a qualified contracting authority.

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About the authors

Elena S. Papysheva

Ufa University of Science and Technology

Author for correspondence.
Email: papyshev-01@yandex.ru
ORCID iD: 0000-0001-8157-8805

Cand.Sci.(Law), Associate Professor, Institute of Law

Russian Federation, Ufa

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