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USE OF ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE: PROBLEMS AND SOLUTIONS

M. HryhorchukDr. Sc. (Law), Associate Professor, Professor of the Department of Law and Law Enforcement, Zhytomyr Polytechnic State UniversityA. ShevchenkoDr. Sc. (Law), Professor, Professor of the Department of Theory and History of State and Law, State Tax UniversityI. DrahanDr. Sc. (Public Administration), Professor, Head of the Department of Law and Law Enforcement, Public Management and Administration, Zhytomyr Polytechnic State University
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The article examines the legal aspects of the use of artificial intelligence technologies in criminal justice in the context of European integration processes in Ukraine. The regulatory framework for regulating the scope of application of artificial intelligence in criminal justice is developed, indicating the provisions of the Constitution of Ukraine and the Criminal Procedure Code of Ukraine. Scientific approaches to understanding the role and significance of artificial intelligence technologies in the field of criminal justice are outlined, indicating possible risks associated with the violation of the right of an individual to privacy and other human rights. The internal relationships between the structural elements of the holistic mechanism of artificial intelligence technology are identified, on the basis of which the emphasis is placed on the features of the application of its tools in criminal justice. The features of the functioning of the social prerequisites for the use of artificial intelligence are revealed, its role as an auxiliary mechanism in the implementation of justice tasks is determined. The main risks of using artificial intelligence in criminal proceedings are highlighted, including algorithmic bias, opacity of algorithms, and potential violation of the right of participants to a fair trial. The scientific novelty of the article lies in substantiating the need to form a comprehensive legal model of using artificial intelligence in criminal proceedings in Ukraine in accordance with European standards of justice. In addition, the author’s analysis of the risks of using artificial intelligence in criminal proceedings and directions for minimizing unlawful interference by artificial intelligence tools in the activities of the court during decision-making are proposed. The regulatory approaches of the European Union to regulating the use of artificial intelligence are analyzed, in particular the provisions of the European Union Act on Artificial Intelligence. Particular attention is paid to compliance with the principles of transparency, non-discrimination, protection of personal data, and ensuring human control over algorithmic decisions. The position is defended on the priority of ensuring the legal standards of the European Union for the formation of algorithmic models of individual justice institutions in Ukraine.

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