AI in justice: Supreme Court judges discuss challenges facing judicial systems due to the rapid development of digital technologies

A roundtable discussion on the topic “European Union Law and Its Impact on Justice in Ukraine: Theoretical Issues and Practical Aspects of Applying the Legal Positions of the CJEU” was held at the National School of Judges of Ukraine. It was attended by Supreme Court judges, including Yan Bernaziuk, Judge of the Supreme Court in the Administrative Cassation Court, and Yehor Krasnov, Judge of the Supreme Court in the Commercial Cassation Court.

Yan Bernaziuk spoke on the topic “Artificial Intelligence in Justice: From the Case Law of the Court of Justice of the EU to European Standards”. He focused on the use of artificial intelligence in the field of justice and the challenges facing judicial systems due to the rapid development of digital technologies.

According to him, European institutions have recently been actively working on developing a methodological framework for the application of such technologies in court activities. In particular, the Consultative Council of European Judges has already adopted Opinion No. 26 (2023) on assistive technologies and is working on a new opinion on the use of artificial intelligence, which is scheduled to be adopted at the end of this year.

The judge paid special attention to the tasks facing Ukraine in the process of European integration, particularly within the negotiation chapter on justice. Among the key areas, he highlighted the development of alternative dispute resolution methods and the further digitalization of the judicial system.

As an example of possible innovative approaches, Yan Bernaziuk cited a draft resolution of the Cabinet of Ministers of Ukraine developed by the Ministry of Digital Transformation. The project envisages an experiment on the use of artificial intelligence for preparing draft procedural decisions in cases of administrative offences. According to him, the technology could process case materials and generate a draft ruling, which the judge could then review, approve, or reject.

The judge also drew attention to international recommendations on the use of digital technologies in judicial activities. In particular, he mentioned UNESCO documents that contain guidelines and practical recommendations for judges on the use of technologies in the administration of justice.

The speaker separately highlighted the provisions of the Code of Judicial Ethics, which allow judges to use artificial intelligence technologies provided that this does not affect the evaluation of evidence, the adoption of a court decision, or violate legislation on the protection of personal data.

“Undoubtedly, there are many skeptics, and their arguments regarding risks to privacy or the impact on judicial independence are valid. At the same time, we all understand that this is an inevitable process to which the judicial system must adapt,” the judge noted.

He also emphasized that the current case law of the Court of Justice of the European Union in cases related to technology is mostly aimed at protecting individuals’ right to privacy and limiting the mass collection of personal data. However, the development of digital technologies may lead to a review of certain approaches to balancing the protection of personal information and innovation. In this context, the judge mentioned the work on the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, noting that discussions surrounding its ratification are related to the search for such a balance.

More details can be found in Yan Bernaziuk’s presentation: https://court.gov.ua/storage/portal/supreme/prezent2026/177_%20AI_in_Justice_CJEU_Practice_Bernaziuk.pdf

Joining the discussion, Yehor Krasnov drew attention to the risks associated with the use of artificial intelligence in the justice sector. According to him, one of the key challenges is the lack of full understanding of how these technologies’ algorithms work and the lack of control over the data they process.

He stressed that most modern artificial intelligence systems are created by private companies, while their algorithms and data processing principles often remain beyond the control of state institutions.

“We cannot fully regulate what we do not develop and do not control. If artificial intelligence technologies are created by other countries or private companies, we do not always understand exactly how their algorithms work and how the data is used,” the judge noted.

Yehor Krasnov also cited examples from the practice of foreign judicial systems. In particular, he said that in the United States, some courts use “sterile” artificial intelligence models – local systems that operate in a closed environment without access to the Internet and are trained exclusively on materials from the relevant case law.

Photo courtesy of the organisers.