It’s Not Harmful to Dream – It’s Harmful Not to Dream: about the Future of Artifi cial Intelligence in Russian Justice
https://doi.org/10.25205/2542-0410-2024-20-4-15-21
Abstract
The article examines the issues of intellectualization of the judicial system, which consist in the organization of legal proceedings using information and communication tools, which is a fundamentally new configuration of organizational support for judicial activities and which are fundamentally different from the previously established familiar model. At the same time, the article examines the issues of integrating artificial intelligence (AI) into the fabric of justice, with the transfer of human cognitive properties and abilities to a digital subject, such as attention, memory and its flexibility, imagination, the ability to reason logically, and even ethical coordinates. At the same time, the author of the article provides arguments that exclude not only the transfer of artificial intelligence to the independent resolution of legal conflicts, but also its creation in general for the purpose of administration of justice.
About the Author
R. S. AbdulinRussian Federation
Robert S. Abdulin, Doctor of Law, Associate Professor, Head of the Department of Criminal Law at the Institute of Economics and Law, retired judge of the Kurgan
Regional Court, Honored Lawyer of the Russian Federation
Kurgan
References
1. Kartskhia A. A. Digital Rights and Enforcement. Enforcement Monitoring, 2019, no. 2, p. 43. (in Russ.)
2. Morhat P. M. To the question of defi ning the concept of artificial intelligence. Law and state: theory and practice, 2017, no. 12(156). (in Russ.)
3. Gurbanov R. A. Oglu. European Charter on Ethical Principles for the Application of Artificial Intelligence in Judicial Systems: Value Benchmarks. Journal of Foreign Law and Comparative Law, 2020, no. 1, pp. 10–15. (in Russ.)
4. Momotov V. Artificial intelligence in court will not be neutral to humans. URL: https://legal.report/viktor-momotov-iskusstvennyj-intellekt-v-sude-ne-budet-nejtralen-k-cheloveku (in Russ.)
5. Not touching. How the chief judges of the Rostov region themselves ended up in the dock. URL: https://161.ru/text/criminal/2023/07/19/72509018/ (in Russ.)
6. Khisamova Z. I., Begishev I. R. The essence of artificial intelligence and the problem of determining legal personality. Bulletin of the Moscow State Regional University. Series: Jurisprudence, 2020, no. 2, pp. 100–105. (in Russ.)
7. The brain is not our brains. Neuroscientist Chernigovskaya about the resources of the mind and the battle with AI. Arguments and Facts – Nizhny Novgorod, Sept. 25, 2024, no. 39 (in Russ.)
8. Academician of the Russian Academy of Sciences Igor Kalyaev: We will never create a technical analogue of the human brain. URL: https://new.ras.ru/activities/news/akademik-ran-igorkalyaev-my-nikogda-ne-sozdadim-tekhnicheskiy-analog-chelovecheskogo-mozga/ (in Russ.)
Review
For citations:
Abdulin R.S. It’s Not Harmful to Dream – It’s Harmful Not to Dream: about the Future of Artifi cial Intelligence in Russian Justice. Juridical science and practice. 2024;20(4):15-21. (In Russ.) https://doi.org/10.25205/2542-0410-2024-20-4-15-21