The application of artificial intelligence in commercial courts of the Russian Federation: perspectives and issues

Abstract

The article is devoted to the description of the main directions of artificial intelligence application in the Commercial courts of the Russian Federation – in analytical and organisational work, in the work on adjudication, analysis and interpretation of the rule of law, in control over the adoption and execution of court decisions, in forensic examination. The experience of using artificial intelligence systems in the judicial systems of the Great Britain, the USA, the Netherlands was analysed, and three main directions of using the AI in legal proceedings were distinguished. Based on the practice of using the AI systems, legislation, the principles of the European Ethical Charter for the use of the AI in judicial and law enforcement systems, researchers' forecasts, both the expected positive and possible negative consequences of the use of artificial intelligence in this area are indicated. Use of the AI in legal proceedings can optimise the work of the judicial system, contribute to the suppression of biased, subjective attitudes, corruption and the possibility of judicial error, and at the same time it causes some problems and risks. These include the abidance of ethical principles by the AI, the impossibility of ensuring transparency and verifiability of court decisions made by the artificial intelligence system, the lack of legislative consolidation and legality, and the protection of personal information. In the conclusion, recommendations for prevention of the negative impact of the introduction of the AI systems into arbitration proceedings are given.