THEORETICAL PROBLEMS OF LEGAL REGULATION OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE ADMINISTRATIVE PROCESS OF UKRAINE

Abstract

The article is devoted to the theoretical and legal study of modern processes of digital transformation on the phenomena of legal reality, in particular, the focus is on the digitalization of the administrative process and the features of the integration of artificial intelligence (AI) technologies into management activities. The paper analyzes the regulatory framework that determines the features of the use of intelligent systems, in particular the Code of Administrative Justice of Ukraine, the Law of Ukraine “On Administrative Procedure” and the provisions of the Code of Judicial Ethics. Particular attention is paid to the transformation of proceedings in cases of administrative offenses through the introduction of automatic data processing and document flow modes. In Ukraine, the development of digital technologies is a priority of national legal policy. These changes are most in demand in the judicial process, where the interaction between the parties and judicial authorities has traditionally been based on paper documents and the personal presence of the parties. Based on the experience of legal regulation in the countries of the European Union, and the scientific achievements of domestic and foreign scholars in the field of law, the author highlights the key advantages and risks of algorithmization of justice. The dualistic nature of digital technologies is highlighted: their ability to optimize the analytical work of the court and at the same time create threats to the principles of impartiality and legal certainty. The conclusions emphasize that the implementation of AI should be based on the principle of supporting, not replacing, human intelligence, provided that a special legislative mechanism for controlling algorithmic decisions is created. In Ukraine, in recent years, thorough research on the issue of introducing technologies based on artificial intelligence into social processes has begun to appear. However, both the legal community and the legislator are at the initial stage of legal regulation of relations in society, which are built on the basis of the use of algorithms and artificial intelligence agents. At the current stage, the legal regulation of social relations is inextricably linked to the intensive implementation of digital tools, and therefore this should be considered as one of the vectors of development of modern legal systems.