38
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
38-44
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
The article examines the experience of foreign countries in the application of digital technologies in the justice system.
It is determined that in most foreign countries, the development of e-justice systems is considered as an integral
component of judicial and legal reform. The use of Artificial Intelligence in judicial practice based on computational
procedures is a very feasible program and for other countries positioning itself as a legal one.
It is determined that the use of Artificial Intelligence will avoid the use of traditional methods of resolving legal
disputes. Artificial Intelligence is based not on situational logic, but on computational procedures.
It is proved that the use of modern technologies in the justice system will contribute to improving the effectiveness
of judicial reforms, ensuring its effectiveness and objectivity. It will simplify the legal process and de-bureaucratize it,
reduce court costs and facilitate access to justice.
It is noted that the purpose of using Artificial Intelligence in the judicial system is to create a tool to help in decision-
making to reduce, if necessary, the excessive variability of decisions made by courts in the name of observing the
principle of equality of citizens before the law. The use of Artificial Intelligence technology based on modern
technologies will fundamentally change the judicial process and reduce the workload of the judicial staff.
Research Article
INTEGRATION OF MODERN INFORMATION AND COMMUNICATION
TECHNOLOGIES AS AN IMPORTANT AREA OF PREVENTION OF
CORRUPTION IN THE JUDICIAL SYSTEM
Submission Date:
February 08, 2022,
Accepted Date:
February 17, 2022,
Published Date:
February 28, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue02-07
Atajanov Azizbek Abdimalikovich
Postgraduate student of the Supreme School of Judges under the Supreme Judicial Council of the Republic
of Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
39
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
38-44
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
KEYWORDS
E-justice Judicial Law enforcement and Supervisory activities Digital technologies Artificial intelligence Digitalization
of judicial authorities Legal tech Systems of preventive judicial Analytics and chatbots.
INTRODUCTION
Today, when information openness and transparency
are developed, judicial activity has become more
accessible. New IT technologies are being introduced
into all judicial instances aimed at reducing material
costs and time without outside support and legal
advice to independently find out about the procedure
for sending and the necessary details of the complaint
(petition), as well as the procedure and timing of its
consideration. The important thing is that the contact
of legal entities and individuals with employees of the
judicial apparatus is minimized.
It should be noted that Uzbekistan lags far behind
global trends in the field of digitalization. Thus, «In
2020, the share of the digital economy in Uzbekistan
was 2.2% of the country's GDP. At the same time, the
average optimal indicator is 7-8%, in the UK, for
example, it is 12.4%, South Korea - 8%, China - 6.9%, India
- 5.6%, Kazakhstan - 3.9%, Russia - 2.8%» [1].
Comprehensive
and
scientifically-based
implementation of IT in state structures indicates the
level of development of this state. To date, the
essence
of
the
informativeness
of
public
administration and law enforcement activities is
carried out only by technical support for the creation
of a legal framework, and their further direction for
execution, while the digital aspect of the state and civil
society is obliged to be based on such digital resources
that would guarantee extra-bureaucratic contact of
citizens with authorities on issues of ensuring and
protecting their private rights.
According to Professor Richard Susskind (England),
today's judicial system is expensive (meaning
attending trials and other costs) and time-consuming
for citizens who apply to it for the resolution of legal
issues. To modern society, such a long and expensive
justice seems anachronistic and inappropriate in the
Internet society, and citizens increasingly expect that
the state service for resolving judicial disputes will be
provided in digital (online) form [2].
Lawyer practitioner Taimur Ali Khan Mohmand
(Pakistan), talking about the online case management
system implemented in the courts of Islamabad,
argues that an electronic judicial service would not only
eradicate corruption, but also improve the justice
system, making it more accessible to those who live far
from legal centers or who are struggling to afford the
costs of seeking justice [3].
Foreign experience in the use of information and
communication technologies (ICT) by courts, in
particular, the experience of such technological
leaders as Singapore, the Republic of Korea, Malaysia
and Germany shows that the introduction of new
technologies makes it possible to improve the work of
judicial bodies by optimizing their work. In particular,
thanks to the electronic document management
system, judicial authorities were able to reduce the
number of actions taken by judges and judicial
personnel. The introduction of electronic justice has
helped to solve numerous issues of courts, in
particular, it has allowed to reduce the time for
40
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
38-44
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
consideration of citizens' appeals, to ensure
interaction and data exchange between departments,
and also created conditions for the automatic
collection of analytical data on the activities of courts.
In our opinion, the introduction of IT technologies into
the activities of courts is a system of measures aimed
at authorizing systems of interrelated methods and
ways of collecting, storing, searching and processing
computer data in order to speed up the judicial
process, reduce the burden on judges, increase the
openness of the judicial system, and most importantly,
facilitate access of individuals and civilians to judicial
procedures by reducing court costs caused by the need
for the physical presence of the parties.
The introduction of IT into the activities of the courts
of our Republic is carried out in stages. Particularly, on
December 10, 2012, a Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan "On measures
to introduce modern information and communication
technologies into the activities of courts" was
adopted. In order to implement this Decision, the
Supreme Court of the Republic of Uzbekistan, together
with UNDP in Uzbekistan, has developed a National
Information System for electronic Court Proceedings
«E-SUD». The purpose of this system was to provide
interactive services to the public in the field of
administration of justice and the development of
electronic document management in the judicial
system.
Since January 1, 2018, a single centralized electronic
database has been introduced in the activities of
courts. In particular, an effective monitoring system
has been created for the timely consideration of cases
in the courts, the possibility of timely elimination of
problems and shortcomings in the proceedings has
been created.
The following interactive services for citizens and
business entities have been launched: exsud.sud.uz
"Appeal» that makes it possible to send appeals to the
courts in electronic form, observe the process of their
consideration online and receive court decisions in
electronic form at the specified link; "Electronic
payment system" (billing.sud.uz) a unified electronic
payment system has been introduced to account for
the state fee and the amount of fees charged by the
court.
The introduction of information and communication
technologies into the activities of courts has led to the
following advantages:
Participation of individuals in court sessions
without leaving their places of residence;
Saving time and money of citizens to participate in
court sessions;
Ensuring full participation of the parties in court
sessions.
In order to implement the established tasks provided
for in the Action Strategy, on August 30, 2017, the
Decree of the President of the Republic of Uzbekistan
"On measures for the further introduction of modern
information and communication technologies into the
activities of courts" was approved [4].
The Decree defines the following priority tasks for
digitalization
of
courts:
"ensuring
openness,
transparency and efficiency of court activities,
automation of court activities, timely consideration of
cases in courts, increasing the productivity of clerical
work in courts, increasing the list and improving the
quality of interactive services provided to individuals
and legal entities."
The study of the practice and legal framework for the
introduction of IT technologies into the judicial system
41
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
38-44
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
revealed the following problems in the introduction
and subsequent use of information technologies:
the complexity of training judicial personnel, in
particular judges, the rules for the use of automated
information systems (AIS); the need to upgrade
existing AIS and infrastructure into judicial systems;
weakness
of
Internet
resources
providing
communication; the difficulties of improving software,
the lack of IT specialists who understand the specifics
of lawsuits, etc.
Despite the above problems, the use of IT technologies
in the judicial system is absolutely solvable, under
conditions of constant analysis, as well as the provision
of systemic technical and legal modernization.
The transformation of legal technologies is expected in
the world today. Transformation is a complete change
in the way we work. The future of independent,
transparent and open judicial proceedings lies in the
transformation of law enforcement.
In world practice, we observe how the pandemic has
forced the acceleration of digital transformation in all
industries and the resolution of legal issues online has
become a normal phenomenon.
In many foreign countries, "electronic justice systems"
are considered as an integral component of judicial and
legal reform.
The issue of using Artificial Intelligence (AI) in judicial
and other areas of law enforcement is not a matter of
technology and information policy, but a political and
partly socio–psychological problem.
According to V.Ovchinsky and E.Larina, AI is «a
computing system that makes a choice based on
statistical information. The main thing that is solved in
such systems is to ensure that the actual state of affairs
is reflected in statistical information. The most
effective AI will make or recommend decisions based
on real connections, dependencies and relationships
that are identified based on the analysis of the real
state of affairs» [5].
Studying the works of V.Ovchinskaya, E.Larina
"Artificial intelligence “Ethics and Law" it can be
concluded that the problem of implementing AI in
courts is that AI is based not on situational logic, but on
computational procedures. And it is not intended to
work with contexts.
The USA is considered to be the pioneers in the
implementation of AI solutions in the judicial system
and jurisprudence. In the early 2000s, startups began
to appear in the United States, which were introduced
into information technology in solving problems of
jurisprudence. The "legal tech" technology was
developed by Rocket Lawyer and Legal Zoom, which
provided services for creating dynamic documents,
smart contracts and offering legal advice.
Due to the specificity of legal systems, most companies
in the field of legal tech are reoriented, first of all, to
the local market. It is for this reason that, despite the
growth of the market for these services in the states,
the companies involved in this business were in no
hurry to expand in this direction.
The form of legal tech, which is present in the markets
of many countries of the world, is considered to be
information technology services for accounting
reports and financial management, limiting the need
for average legal personnel.
The legal regulation of the use of "AI" in judicial
systems was first considered at the level of the
European Commission in April 2018. The European
Ethical Charter on the Use of AI in Judicial Systems and
42
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
38-44
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
the
Realities
Surrounding
Them
(Strasbourg,
December 3-4, 2018) [6] defined as five basic
principles the use of AI in judicial systems principles:
1.
Following the basic standards of law: the
development and further application of AI must
comply with the basic rights;
2.
Do not discriminate: preventing the appearance of
causes that discriminate against individuals or a
group of individuals;
3.
Quality and safety: judicial decisions and analytical
data should be processed using certified sources
and intangible information using models created
on safe and reliable technologies;
4.
Transparency, impartiality and reliability: data
processing must comply with the principles of
transparency and openness, the company must
have access to the work carried out;
5.
User control: give full control to the user to track
down work processes.
Today, Uzbekistan is gradually creating a legal
framework for the development of artificial
intelligence technologies and it is too early to talk
about any achievements.
In order to accelerate the introduction of artificial
intelligence technologies
On August 26, 2021, the Decree of the President of the
Republic of Uzbekistan «On measures to introduce a
special regime for the use of artificial intelligence
technologies» was adopted [7]. In accordance with this
decree, a Research institute for the development of
Digital Technologies and Artificial Intelligence is being
created in Uzbekistan.
The study of scientific literature on Artificial
Intelligence allows us to draw the following
conclusions:
AI is a platform that prepares a forecast and analysis in
judicial activity based on the results of processing
relevant information with the use of machine learning,
neural networks and image detection methods with
the output of final results for the user.
In world practice, the use of AI in the judicial system is
seen in the following directions:
Progressive semantic corporate search engines;
Systems for searching and analyzing conditions
available in legal documents;
Support systems for the creation of legal documents
based on automatic template generation;
A system of predictive judicial prognosis aimed at law
firms;
Legal chat bots, leading notifying parties in the process
of first contact on certain issues in natural languages.
Today, the introduction of AI in courts is very relevant
in European countries. For example, since the
beginning of 2021, a predictive analysis system has
been launched in the Latvian judicial system, which
includes processing from human and material
resources data to the final verdict in the case. Latvia
has managed to launch a system of predictive judicial
analytics, which is «designed not for private companies
acting on the side, as a rule, of the defense, but in the
interests of the state - mainly the prosecution» [8].
In October 2020, the European Commission on the
Effectiveness of Justice of the Council of Europe
(CEPEJ) published a new report on the assessment of
the effectiveness and quality of justice. According to
this report, the leaders among the countries of the
European continent in the introduction and application
of digital technologies are Germany, Russia, Italy,
43
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
38-44
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
France and Switzerland. These countries have
effectively used the period of self - isolation in the
context of the pandemic [9].
In conclusion, we can say that the world of information
technology is changing very quickly. This process does
not bypass the justice system. We see how machines
are becoming capable of performing legal tasks,
technologies are becoming an integral part of judicial
processes, and participants in legal proceedings are
acting in new formats.
Today, the prospects for AI in law are not so high, as
they are still at an inchoate level. But the USA and the
countries of the European continent are working on
projects for the widespread use of AI.
However, the fact remains that AI will take a dominant
place in legal practice in the long term. In the future,
thanks to machine learning, AI will be able to predict a
court decision more accurately than any expert.
Statistics show how the burden on judges increases
every year. A certain threshold of the judge's workload,
which exceeds his physical capabilities, leads to
degradation of the quality of justice. In conditions of
such a workload, even the most well-intentioned and
professional judge is simply deprived of the
opportunity to delve into the essence of the case,
study and study evidence, listen to witnesses, delve
into the arguments of the parties, and therefore uses
template approaches, both in court and in preparing a
decision.
The use of AI will lead to a quick solution to the issue of
ship congestion. The practical application of
technologies using a special program-an algorithm
with AI, is able to process a large amount of various
legal (and not only) information, and as a result - to give
a forecast about the most likely outcome of the
situation, a possible court decision.
We consider it necessary to intensify research in the
field of the use of ICT and software solutions in the field
of the use of Artificial Intelligence in the course of
justice, the development of "predictive justice"
technologies based on the main provisions of the
European Ethical Charter on the Use of Artificial
Intelligence in Judicial Systems and the realities
surrounding them (Strasbourg, December 3-4, 2018).
Summing up, we note that the introduction of modern
information and communication technologies is an
important area of preventing corruption in the judicial
system in this regard, it is proposed:
minimize the participation of judicial staff and judges in
the process of accepting applications from individuals
and legal entities for record keeping by gradually
switching the acceptance of claims and applications to
electronic order;
in order to prevent collusion between employees of
the judicial apparatus and employees of other
departments in the consideration of cases, to
strengthen the integration between the information
systems of various departments for rapid and effective
mutual exchange of data when considering cases in
courts.
REFERENCES
1.
Информационно-аналитический
портал
Review.uz // https://review.uz/post/uzbekistan-
otsifroviyvaetsya
2.
Tickle L. Online Justice: Why Courts Should
Explore Emerging Digital Possibilities. The
Guardian
16.01.2017
//
https://www.theguardian.com/public-leaders-
44
Volume 04 Issue 02-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
02
Pages:
38-44
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
network/2017/jan/16/online-justice-courts-
explore-digital-possibilities
3.
Taimur Ali Khan Mohmand E-judiciary Today's
Paper
published
04/10/2016
https://www.thenews.com.pk/print/ 154687-E-
judiciary
4.
Постановление
Президента
Республики
Узбекистан от 30.08.2017 года «О мерах по
дальнейшему внедрению в деятельность
судов
современных
информационно-
коммуникационных технологий» за № ПП
3250 // https://www.lex.uz/docs/3327996
5.
В.Овчинский,
Е.Ларина
«Искусственный
интеллект. Этика и право» электронный
ресурс //https://books.google.co.uz/
6.
Европейская
этическая
хартия
об
использовании искусственного интеллекта в
судебных системах и окружающих их
реалиях Принята на 31-м пленарном
заседании ЕКЭП (Страсбург, 3-4 декабря 2018
года) https://rm.coe.int/ru-ethical-charter-en-
version-17-12-2018-mdl-06092019-2-
/16809860f4
7.
Постановление
Президента
Республики
Узбекистан «О мерах по внедрению
специального
режима
применения
технологий искусственного интеллекта»
№ПП-5234
26.08.2021
//
https://lex.uz/ru/docs/5603368
8.
Скарлетт-Мэй
Ф.
Алгоритмы,
протестированные
в
противовес
справедливому судебному разбирательству
// http://lexis360.fr
9.
European judicial systems CEPEJ Evaluation
Report
Part
2
Country
profiles
//
https://rm.coe.int/evaluation-report-part-2-
english/16809fc059
