Legal Technology Research Articles

Hüquq texnologiyaları və onların vəkillik sahəsinə inteqrasiyası

Since the end of the last century, the wide spread of digital technologies has had an important impact on the development of many fields. Technological innovations, like in other professional fields, are increasing their impact on the field of advocacy day by day. Some legal technologies reduce lawyers' bureaucratic burdens and perform repetitive tasks, while others help citizens or companies solve simple legal problems without the need for a lawyer. This article examines the concept of Legal Tech, the areas of use of legal technologies, their categories and their application in the field of advocacy, and highlights how lawyers can provide more efficient and better quality legal assistance by using legal technologies in the performance of their profession. The article also touched upon the issues of using artificial intelligence in the legal profession, the practice of applying legal technologies in foreign countries and the level of development of these technologies in our country. Thus, the extensive use of legal technologies by a number of advanced countries of the world, especially the application of technologies based on artificial intelligence in international and national legal systems, has made an important contribution to the development of this field. Keywords: legal technologies, lawyer, electronic advocacy, artificial intelligence, e-government, e-court, e-discovery, technological applications, data security.

Нанотехнологии юриспруденции

The article proposes to orient and expand legal doctrinal studies of law–making and law enforcement operations — the “atoms” of legal activity and the creation of structures from them, from which the social and legal-technical adequacy of normative legal acts, legal certainty, uniform law enforcement, and the ordering of public relations should arise. Natural sciences penetrate into smaller and smaller particles of nature — up to billionths of objects (nano). From small sizes, due to changes in the structure of materials, new properties arise — the results of technological progress. Nizhny Novgorod Scientific School “Improvement of legal technology as a pattern of the law-making process in Russia (history, theory, practice)” has been researching the technique of law-making and law enforcement for almost 30 years. One of the main tasks is the translation of scientific results into reproducible actions (technologies), in the training of practicing lawyers in law–making, interpretative, implemented law enforcement operations. The main risks for the country’s development are, “first of all, the lack of qualified personnel and its own advanced technologies — their absence in some areas” [1].

ENSURING SAFETY AND PROTECTION OF PERSONAL DATA ON THE INTERNET: ISSUES OF SELECTION OF OPTIMAL RESEARCH METHODOLOGY

This article explores the methodologies and legal challenges associated with personal data protection within the global information space. We examine the limitations of relying solely on specialized research methods and techniques. We argue that personal data protection issues require a more comprehensive, multidisciplinary methodological approach. The primary goal is to analyze the selected methodological strategies and evaluate their effectiveness. The subject of the study is to analyze the issues of methodological approaches in legal research on personal data protection. We analyze a philosophical framework that seeks to deepen the understanding of personal data protection issues, addressing legal and ethical dimensions. We aim to contribute to the broader discourse on data security and privacy through various lenses, including legal, technological, and philosophical perspectives. The study focuses on four analytical methods for developing legal technologies to protect personal data internationally. A systematic analysis of personal data as a legal phenomenon, functional analysis within the framework of legal regulation, sociological and psychological approach, and axiological analysis to understand the meaning and evolution of personal data protection rights. These approaches aim to create a unified concept of legal technology for personal data protection, which makes it possible to identify new types of data, study the components of legal technology in detail, and increase the efficiency of legal regulation.

Navigating Legal Frontiers: Contemporary Challenges and Opportunities in the Legal Landscape

This research aims to explore the contemporary challenges and opportunities in the legal landscape, focusing on navigating the legal frontiers. A qualitative approach is employed, utilizing in-depth interviews with legal professionals, case studies, and comprehensive literature reviews. The study examines the impact of technological advancements, globalization, and societal shifts on the legal profession and its practices. The findings reveal that the legal landscape is undergoing significant transformations driven by factors such as the digitalization of legal services, the emergence of alternative dispute resolution mechanisms, and the increasing complexity of cross-border transactions. These changes pose challenges in areas such as cybersecurity, data privacy, and the need for legal professionals to adapt to evolving client expectations and market dynamics. However, the research also highlights opportunities for innovation and growth within the legal sector. The integration of legal technology, the development of specialized legal fields, and the emphasis on interdisciplinary collaboration are identified as potential avenues for enhancing efficiency, accessibility, and client-centric services. The study concludes that navigating the legal frontiers requires a proactive approach, continuous learning, and a willingness to embrace change. By recognizing and addressing these challenges and opportunities, legal professionals and institutions can better position themselves to meet the demands of an ever-evolving legal landscape.

Влияние специальных правил юридической техники на качество конструирования санкций административно-деликтных норм

The quality of laws establishing sanctions and administrative tort norms is directly related to their developers’ compliance with general and special rules for their preparation. This article describes the special rules of legal technology contained in the Code of Administrative Offenses of the Russian Federation and the relevant laws of the constituent entities of the Russian Federation, the Concept of the new Code of Administrative Offenses of the Russian Federation, its draft and reflected in the positions of modern lawyers, used in constructing sanctions of the rules of law on administrative liability.

재판업무 지원 AI 도입에 관한 헌법적 고찰

In the contemporary intelligence information society, artificial intelligence (AI) is being utilized in various sectors due to the advancement of science and technology. Amidst this trend, the legal technology (LegalTech) industry, which integrates technology with legal advisory and litigation services, has been experiencing a leap in growth. Furthermore, the application of artificial intelligence in the judicial duties of judges is garnering significant interest and expectation for speeding up legal proceedings and enhancing the efficiency of judicial administration. Artificial intelligence used in the judiciary can be broadly classified into two types. First, there is AI that entirely replaces human judgment, exemplified by the initiative in Estonia in 2019 to implement AI for conducting small claims trials. Second, there is AI designed to assist human judges, such as algorithms that help draft verdicts based on similar case precedents or provide appropriate sentencing recommendations for defendants in criminal trials. In this regard, some state courts in the United States have incorporated the COMPAS algorithm into sentencing procedures within criminal justice processes. This surge in AI development seems to have an international impact on judicial procedures, influencing the judicial policies of the courts in South Korea significantly. Specifically, National Court Administration has announced plans to alleviate the workload of judges and address the issue of trial delays through the introduction of what is referred to as the ‘Next-Generation Electronic Litigation System.’ However, while AI technology may assist in accelerating trial processes, there are considerable concerns regarding the protection of litigants' right to a fair trial and democratic legitimacy. Above all, the potential for data and algorithm errors in judicial-use AI could compromise the fairness of trials or lead to miscalculation due to biased legal decisions. This study examines the constitutional issues concerning the advent of AI judges in the era of artificial intelligence are explored, particularly the infringement of the litigants' right to a fair trial, the problems of restoring the original state following miscalculation, and the responsibilities of judges. Furthermore, the study examines legislative trends abroad concerning the use of AI in judicial tasks, and seeks legislative improvement strategies for the principles and premises that must be adhered to by AI utilized in the judiciary during the era of artificial intelligence.

Adapting to the New Legal Landscape: Opportunities and Challenges in Legal Technology Integration

El vertiginoso avance de la tecnología en los últimos periodos ha iniciado un debate sobre su profundo impacto en diversas facetas de la vida personal y profesional. En ese sentido, el presente artículo tiene por objetivo analizar los retos y oportunidades que presentan las tecnologías jurídicas, explorando cómo los abogados pueden adaptarse a la evolución del entorno jurídico mediante la adquisición de nuevas competencias. Para tal fin se realizó una revisión bibliográfica mediante criterios de inclusión y exclusión para elegir los estudios que abordaban directamente el tema. Las conclusiones del estudio ponen de relieve el papel fundamental que desempeña la LegalTech en la mejora de la práctica jurídica mediante la optimización de los flujos de trabajo y la automatización de tareas. Por ende, el rápido avance tecnológico en el sector jurídico presenta oportunidades que requieren una reforma en los planes de estudios a fin de proporcionar a los futuros profesionales del derecho los conocimientos y habilidades necesarios para utilizar estas nuevas tecnologías.

LINGUISTIC ERRORS IN LEGAL TEXTS

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

LINGUISTIC ERRORS IN LEGAL TEXTSNurkiz Arysbekovna Nurbayeva

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

Editorial: Legal technology in the service of access to justice

Editorial: Legal technology in the service of access to justice

К вопросу о взаимодействии политики, права и правовой политики

The challenges of improving legislation, legal technology, and the mechanism of legal regulation exist, perhaps, as long as the law itself exists. Thus, the question of how to best organize the legal life of society, directing it towards the desired course, remains relevant and gains prominence during pivotal moments in societal development. This particularly pertains to the formation of state legal policy, the development of strategic legal concepts, and their implementation in legal practice. Here, it is crucial to first define key concepts. This study attempts to understand the nature of legal policy, its involvement in political and legal spheres, the proportion of legal content versus political content within it, the nature of its interaction with legal policy on one hand, and law on the other, and consequently, in which field of scientific knowledge (political science, jurisprudence, sociology, philosophy) this phenomenon should be studied. The thesis is defended regarding the multidimensional nature of legal policy, allowing for its characterization as a compromise between political interests and legal needs.

The recovery and resilience facility as a new legal technology of European governance

ABSTRACT This article examines the innovative legal technology of European governance introduced by the Recovery & Resilience Facility (RRF) and its growing diffusion to a plurality of internal and external EU programs. It argues that the RRF created a new governance model, based on a 5-step process: definition of EU priorities, design of national plans, EU assessment of national plans, national implementation of the plans, and EU monitoring. Since 2021, the RRF legal technology has been replicated in a half dozen contexts – including RePowerEU, the EU Social Climate Fund, the Macro-Financial Assistance+ Instrument for Ukraine 2023, the Ukraine Facility and even the new Stability and Growth Pact. The RRF model has several legitimacy advantages, because it favors national ownership, while still endowing the EU institutions with significant leeway to shape national policy-making. Moreover, as a performance-based arrangement, it has effectiveness advantages too. Yet this model also has drawbacks worth exploring.

Bridging the Gap: The Transformative Role of Technology in Enhancing Access to Justice in Pakistan

In the diverse landscape of Pakistan's legal framework, this article explores the transformative impact of technology, notably Artificial Intelligence (AI) and Blockchain, in revolutionizing access to justice. Through real-world stories of individuals like Tayyab, Anees, and Shazib, we witness how technology has become a catalyst for change, making justice more accessible, efficient, and transparent. The ongoing efforts in digital literacy initiatives and infrastructure development are pivotal in overcoming challenges such as geographical barriers and ensuring that the benefits of technology are widespread. While navigating these challenges, the potential for further advancements shines brightly, promising a future where AI assists legal professionals, secure digital platforms expand, and legal technology regulations evolve for a more inclusive legal system. This exploration concludes with the vision of a digital dawn for justice in Pakistan. The fusion of human intellect with AI assistance, the expansion of secure digital platforms, and the continuous refinement of legal technology regulations collectively pave the way for a legal community that transcends boundaries, where justice is not a privilege but a universal right. Together, we embark on a journey where technology becomes a bridge to justice, dismantling barriers and shaping a legal system that is more accessible, transparent, and inclusive for every Pakistani citizen.

Law, knowledge and space: Expertise across the legal geographies of green finance

The mechanisms of green finance are structured and made enforceable through law. However, the legal geographies of green finance are not distributed evenly but are scattered across multiple sites of public and private authority and associated forms of legal expertise. This article investigates how legal technologies and knowledge practices shape the efficacy of green finance. Green finance rests on ‘asset coding’ as a socio-legal practice that is transnational yet rooted in few, salient sovereign jurisdictions and legal templates originating in the social spaces of transnational legal expertise. Through synthesizing literature from political economy, socio-legal studies and economic geography and building on a range of explorative interviews and documents, I suggest that underlying knowledge practices and legal technologies of ‘green asset coding’ contain important continuities with the way assets are coded into capital in conventional finance. This can constrain the efficacy and potential of green finance. The article outlines these continuities across three domains: Energy infrastructures, voluntary carbon markets, and ‘green’ offshore jurisdictions. Taking these continuities seriously invites for further critical international political economy (IPE) research in the nexus between law, finance, and the state, and underscores the need for transformative legal practices to achieve decarbonization at the pace needed.

Ethical and preventive legal technology

AbstractPreventive Legal Technology (PLT) is a new field of Artificial Intelligence (AI) investigating the intelligent prevention of disputes. The concept integrates the theories of preventive law and legal technology. Our goal is to give ethics a place in the new technology. By explaining the decisions of PLT, we aim to achieve a higher degree of trustworthiness because explicit explanations are expected to improve the level of transparency and accountability. Trustworthiness is an urgent topic in the discussion on doing AI research ethically and accounting for the regulations. For this purpose, we examine the limitations of rule-based explainability for PLT. Hence, our Problem Statement reads: to what extent is it possible to develop an explainable and trustworthy Preventive Legal Technology? After an insightful literature review, we focus on case studies with applications. The results describe (1) the effectivity of PLT and (2) its responsibility. The discussion is challenging and multivariate, investigating deeply the relevance of PLT for LegalTech applications in light of the development of the AI Act (currently still in its final phase of process) and the work of the High-Level Expert Group (HLEG) on AI. On the ethical side, explaining AI decisions for small PLT domains is clearly possible, with direct effects on trustworthiness due to increased transparency and accountability.

Legal technology acceptance in Vietnam’s courts

Legal technology acceptance in Vietnam’s courts

Vizantijskij tranzit yuridicheskoj iudaiki v otechestvennoe ugolovnoe pravo

he purpose of this work is to study the historical and legal phenomena of penetration into the legal space of Russia provisions of Hebrew law in the process of global reception of Christianized law of the Eastern Roman Empire in the 11th 17th centuries. Judaica not only influenced the formation of domestic legal acts (in the aspects of legal goal-setting, the specifics of legal technology, etc.) the provisions of the Law of Moses were included as an autonomous segment in systematized domestic codes and were subject to direct application by state authorities of Russia. Understanding the true historical roots of the formation of domestic law forms the foundation for its development currently and release the reform of Russian criminal law from artificially imposed dependence on the trends in the development of European public law.

The Rule-Making: From Juridical Technique to Legal Architecture and Engineering

The article is devoted to the analysis of the possibilities and prospects of the transition from theoretical and legal concepts of legal technique and technology to the doctrine of legal architecture and engineering in the field of rule-making. Such a transition is due to the intensive process of digitalization of public relations, including in the field of law-making, which, changing traditional forms of rule-making and translating them into digital reality, requires the development of an appropriate legal doctrine. A theoretical consideration of the rule-making process as legal engineering will not only significantly update its legal doctrine, but also see and explain the qualitative changes in it due to the possibilities of using innovative technologies. The aim is to form a theoretical and legal understanding of normative legal engineering as a result of the evolution of legal technology, legal technology and legal engineering, taking into account the availability of modern digital space and innovative tools. The research methods are based on a general scientific dialectical methodology that allows us to consider legal engineering in rulemaking in its dynamics and interaction with related phenomena (engineering, technology, engineering). The methods of formal and dialectical logic, ascent from the concrete to the abstract, from the abstract to the concrete, as well as such categories of dialectics as cause and effect, possibility and reality are used. Private scientific methods of cognition (historicallegal, formal-legal, comparative-legal) are applied. Results: a study of the evolution of the development of the doctrine of legal technique and technology has shown that it currently needs a new perspective and perspective to describe the process of rulemaking in modern digital reality. Conclusions: digitalization and informatization of public relations and social communications will inevitably change all spheres of human activity, including rule-making. The concept of legal engineering will allow us to describe the features of "electronic" rule-making, and at a practical level — to accompany rule-making at all stages — from the formation of the “idea of the law” to its recognition as invalid using modern technologies and processes (automation, robotization, artificial intelligence, etc.).

Issues of Ensuring the Confidentiality of Personal Data When Using Artificial Intelligence Systems

In the process of using AI systems in the processing of personalized information (personal data), a number of problems may arise, which this article is devoted to. Among these problems, the authors name the following: data manipulation; the ability to control an individual’s behavior, primarily on the Internet, but not only, since with the development of the Internet of Things, the problem of surveillance will become increasingly global; identification of citizens using biometric personal data; development of emotional AI; the real threat of the introduction of the so-called social rating; the emergence and active development of deepfake technology; insufficiency in terms of ensuring the protection and protection of privacy of the level of legal technologies used to depersonalize personal data; ethical problems arising from the bias of AI algorithms related to personalized information.

Отбор и назначение судей в РК: развитие законодательства и проблемные аспекты в формировании и деятельности Высшего Судебного Совета РК

Based on the analysis of the development of legislation and the identification of gaps and shortcomings in it, this paper suggests ways to improve the system of selection and appointment of judges in the Republic of Kazakhstan, which is of great importance for the independent functioning of the judiciary and the implementation of the rule of law. In world practice, there are many ways to develop an effective and professional judicial corps. It is not necessary that all the mechanisms known from the legislation and experience of many countries are involved in this process. The authors believe that the fact of borrowing a certain mechanism, even tested in the activities of individual countries, cannot guarantee its efficiency in Kazakhstan. Indeed, various forms such as legislative prescriptions play an important role in this process, but no less important is the correct implementation of democratic world trends in the established legislative provisions, filling formal requirements with clear and legitimate content, which is ensured by the correct legal policy of the state, high-quality legal technology of legislation and the appropriate application of legal standards.