Artificial Intelligence vs. Judicial Discretion: Prospects and Risks of Judicial Practice Automation

Abstract

The paper fits into a wide public discussion of the introduction of artificial intelligenceinto the national judicial system, with the underlying risks and legal vulnerabilitiesanalyzed on specific examples of enforcement practices. The effective national legislation on the use of artificial intelligence and the latest international laws on thesubject including the EC’s AI Act Compromise Text were studied. The paper looksinto the risk factors characteristic of judicial discretion and judicial AI both on a comparative and standalone basis. Controversial opinions by law enforcement agencies,national and international researchers, AI developers on the prospects of using AI inthe justice system were explored. The paper provides conclusive arguments that theintroduction of AI is not feasible in the short and medium term in view of the currentrisks and geopolitical environment, state of the legal framework and judicial principles effective in the Russian Federation.