Judge of the Grand Chamber of the Supreme Court Vitalii Urkevych spoke at an international research seminar about ethical and normative approaches to the use of AI in the administration of justice

Ukrainian experience in regulating the use of artificial intelligence technologies in the administration of justice was presented by Judge of the Grand Chamber of the Supreme Court Vitalii Urkevych at a research seminar held as part of the project “E-Justice in Focus: A Comparative Study of Ukraine and Germany”, which took place in Krakow, Poland. The project is being implemented by the National University of Kyiv-Mohyla Academy in cooperation with the Cologne University of Applied Sciences.

According to Vitalii Urkevych, on September 18, 2024, the XX Congress of Judges of Ukraine approved a new version of the Code of Judicial Ethics to harmonize national standards of judges’ conduct in the performance of their professional duties and extra-judicial activities with international norms in this area. It is important that one of the articles of the updated Code (Article 16) specifically regulates the admissibility of judges using AI technologies in their professional activities. The article provides that the use of artificial intelligence technologies by a judge is permissible if it:

• does not affect the independence and impartiality of the judge;
• does not concern the evaluation of evidence or the process of decision-making;
• does not violate the requirements of the law.

This regulation is explained in the Commentary to the Code of Judicial Ethics. It states that AI technologies offer the latest tools that can potentially change traditional approaches to the administration of justice, increasing its efficiency, speed, and accessibility. The Commentary explains that Article 16 of the Code of Judicial Ethics establishes ethical standards that allow judges to take advantage of artificial intelligence technologies while minimizing potential threats to the fundamental principles of justice.

Analyzing in more detail the conditions under which the use of AI in the administration of justice is permissible, the Judge of the Grand Chamber of the Supreme Court noted that, as established in the Commentary to the Code of Judicial Ethics, the requirement to prevent artificial intelligence from influencing the independence and impartiality of the judge is fundamental and protects the very essence of justice. Likewise, the use of AI should not replace the judge’s inner conviction, which is formed on the basis of a comprehensive, complete, and objective examination of all circumstances of the case.

AI also cannot be delegated the evaluation of evidence, which is a central element of the judicial function and involves establishing their relevance, admissibility, reliability, sufficiency, and interrelation in order to render a well-reasoned decision.

As an example, Vitalii Urkevych cited the resolution of the Commercial Cassation Court of the Supreme Court dated July 8, 2025, in case No. 925/496/24. In it, the Supreme Court rejected the appellant’s reference to the appellate court’s allegedly unfounded refusal to grant a motion to examine electronic evidence – namely, responses from two artificial intelligence systems (Grok and ChatGPT) regarding the interpretation of contract provisions. The Court emphasized that AI can be a useful and auxiliary informational tool in the justice sector, but it cannot replace either the judge or the principles of relevance, admissibility, and reliability of evidence.

In addition, the speaker stressed that national legal regulation provides for the exclusive personal responsibility of the judge for the decision rendered: “Only the judge bears full personal responsibility for every decision he or she makes. Delegating decision-making to AI would mean renouncing the judicial function and responsibility, which is incompatible with the status of a judge and the judicial oath” (Commentary to the Code of Judicial Ethics).

The condition regarding non-violation of legal requirements means that the use of AI must comply with both constitutional guarantees and the requirements of procedural codes and legislation in the fields of information and intellectual property.

Vitalii Urkevych reported that the issue of AI use is also regulated at the level of the Supreme Court. At the end of 2025, the Regulation on the Use of Artificial Intelligence Technologies by Employees of the Supreme Court Apparatus was approved (https://court.gov.ua/storage/portal/supreme/rizne/Polozhennya_SHI.pdf). The Regulation defines general principles and rules for the use of AI technologies, supporting development and recognizing the significant potential of artificial intelligence technologies for optimizing and improving work processes.

At the same time, it stipulates that AI is exclusively an auxiliary tool that cannot replace the professional activities of an employee (their critical thinking, professional judgment, legal qualification, and final decision-making).

In conclusion, Vitalii Urkevych reminded the audience that one of the successful examples of the application of generative artificial intelligence technologies in the justice system is the Supreme Court Legal Positions Database (https://lpd.court.gov.ua) – an intelligent search system that combines unique content and cutting-edge technologies to select relevant case law of the Supreme Court and the European Court of Human Rights.

Vitalii Urkevych’s presentation (in English): https://court.gov.ua/storage/portal/supreme/prezent2026/AI_in%20Judicial_Proceedings.pdf.