Application of artificial intellect in judicial proceedings

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Application of artificial intellect in judicial proceedings

P.M. Morkhat

Abstract. Artificial intelligence technologies are potentially applicable and have long been effectively used in legal practice. And their use is already taking place in this area. Artificial intelligence, indeed, is capable of ensuring the correct and quick solution of various tasks, which contributes to more efficient provision of legal services and more effective provision of professional legal practice. The right with its huge amount of information, which includes judicial practice, and other documents, is amenable to the machine analysis of the data underlying the predictive analysis. Legal information may include factual circumstances, precedents and outcomes of cases. Such data may be used to predict the outcome of the case. Artificial intelligence technologies can be used in legal practice to prepare standard legal documents, as well as to compare contract forms and search for alternative contract forms that are more satisfactory to the parties.

Keywords: artificial intelligence, computer intelligence, legal information, Internet space.

The rapid development of technologies and artificial intelligence units calls for the adequate and timely development of appropriate legislative regulation. This would be quite difficult without having the proper understanding and correct interpretation of the term `artificial intelligence'.

Therefore, the current research explores the legal definition of this concept. It is necessary to determine the conceptual content of artificial intelligence and its main elements, and to provide an adequate legal definition, in particular, to correctly identify and define the objects and subjects, to define the subjects of legal relations in the relevant sphere, and determine the legal framework for the effective regulation in this sphere. Therefore, today the development of a capacious, relevant definition of the concept under investigation is merely essential.

However, the need to develop a legislative definition of `artificial intelligence' remains questionable, since some of the proposed approaches to legal regulation in this sphere do not imply the creation of universal norms applicable to all types of artificial intelligence, therefore the concept of artificial intelligence will be interpreted in different ways depending on the specific area and application of the technologies in question. artificial intelligence legal

It is believed that the term `artificial intelligence' was introduced into professional and research lexicon by John McCarthy in 1956 at a specialized scientific conference dedicated to this topic.

Despite the extensive research developments in the field, researchers note Nilsson N. J. The quest for artificial intelligence: a history of ideas and achievements. New York : Cambridge University Press, 2009. 707 p. P. 13. URL: https://ai.stanford.edu/~nilsson/QAI/qai.pdf. that the notion of `artificial intelligence' that would be universally accepted and generally recognized by all theoreticians and practicing specialists, exhaustive, clear and unambiguous is still non-existent.

According to S. V. Fomin, the concept of `artificial intelligence' embraces a very extensive and rather vague range of items Fomin S. V. Introduction of translation editor // N. Nilsson. Iskusstvennyj intellekt metody poiska reshenij [Artificial intelligence: methods of search for decisions] / translated from English by V. L. Stefanyuk ; ed. by S. V. Fomin. М. : Mir, 1973. 272 p. P. 5..

As justly argued by Nilsson, “the attempts to streamline the sphere of artificial intelligence have never proved to be successful” Nilsson N. Iskusstvennyj intellekt metody poiska reshenij., creating complexities.

There are numerous approaches to the interpretation of the concept of artificial intelligence; each of them largely depends (and will depend in the future) on the purpose of developing this concept and its further application.

Nevertheless, it should be noted that the majority of available definitions are not so much different in terms of concept and content.

Some researchers call artificial intelligence the symbolic calculations, while others imply expert systems. The concept of artificial intelligence is also defined through the notion of `advanced issues of computing science' Engelmore R. S. Artificial intelligence and knowledge based systems: origins, methods and opportunities for NDE // URL: https://lib.dr.iastate.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1121&context=qnde. 20 p. P. 1..

But Robert S. Engelmor states that all definitions of `artificial intelligence' put forward in research can serve as a vivid illustration to the famous old parable of the blind Indian sages who were trying to describe the elephant. While some researchers call artificial intelligence symbolic calculations, others refer to artificial intelligence expert systems. There is also an explanation of the concept of artificial intelligence through the concept of `advanced problems of computer science'.

It is commonly considered that artificial intelligence is associated with creation and functioning of programmed machines potentially capable of performing and are actually doing so (as presumed), requires a certain degree of reasoning (intelligence), reasonableness Gonzalez R. The Chinese Room Revisited: Artificial Intelligence and the Nature of Mind : Dissertation presented to fulfil the requirements for the degree of Doctor in Philosophy (Ph.D.). Katholieke Universiteit Leuven // URL: https://lirias. kuleuven.be/bitstream/1979/939/5/The+Chinese+Room+Revisited+ArtificiaWnteNigence+and+the+Nature+of+Mind. pdf. 2007. 328 p. P. 11..

The complexity of developing a common, clear and unambiguous definition of artificial intelligence is determined, among other, by the fact that the subject and object area of artificial intelligence specialists lies in the intersection of a range of research and professional disciplines: computer programming and psychology, technology and linguistics, mathematics and neurophysiology D. A. Pospelov. Introduction of translation editor // P. G. Winston Iskusstvennyj intellekt [Artificial intelligence] / translated from English by V. L. Stefanyuk ; ed. by D. A. Pospelov. M. : Mir, 1980. 520 p. P 6., bioethics and philosophy, and each expert provides the definition from their unique point of view.

As justly pointed out by A. V. Shileiko, the definition of artificial intelligence significantly (if not in a decisive way), depends on the goals of the researcher: 1) to create artificial intelligence for the purpose of research, to reach a better understanding of the natural (human) intellect; 2) to create artificial intelligence to resolve the tasks, which are usually resolved by humans; 3) to create artificial intelligence to resolve the tasks which the humans need to resolve but which go beyond the human capacity (too much labor-intensive or unreachable, or dangerous for the health and life of people). Therefore, the development of the definition of artificial intelligence as a concept requires that multiple factors from diverse fields of science are taken into account altogether Shileyko A. V. Diskussii ob iskusstvennom intellekte [Discussions on artificial intelligence]. M. : Znanie, 1970. 48 p. 5, 42..

In addition, the lack of clarity in definitions means that the term `artificial intelligence' has become common to designate programs, algorithms and networks designed and used to achieve a variety of different purposes. For example, the term is used to describe the programs underlying machines playing chess and other games, and Roomba vacuum cleaners; at the same time this term applies to coordination systems which control autonomous vehicles, and also with respect to personal assistants developed by Microsoft, Apple and Google, among others) requires simultaneous consideration of a variety of factors related to a variety of research areas Guihot M., Matthew A. F, Suzor N. Nudging Robots: Innovative Solutions to Regulate Artificial Intelligence // URL: https:// papers.ssrn.com/sol3/papers.cfm?abstract_id=3017004. 2017. 60 p. P. 10..

Daniel Castro and Joshua New point out that the difference between approaches to understanding artificial intelligence (in particular, understanding its potential harm) is the difference between the so-called `weak' and `strong' artificial intelligence. The `weak' artificial intelligence is believed to be capable of performing certain (limited) types of tasks. The `strong' artificial intelligence (also called the `general artificial intelligence') is a real or hypothetical type of this technology that can reach or exceed the level of the human intellect and apply its problem solving ability to any tasks, similar to the human brain. It is commonly believed that this type of artificial intelligence (if, at all, such can be developed) could appear only after quite a long time Castro D., New J. The Promise of Artificial Intelligence / Center for data innovation // URL: http://www2.datainnovation. org/2016-promise-of-ai.pdf. 2016. 44 p. P. 3. Guihot M., Matthew A. F, Suzor N. Nudging Robots: Innovative Solutions to Regulate Artificial Intelligence // URL: https:// papers.ssrn.com/sol3/papers.cfm?abstract_id=3017004. 2017. 60 p. P. 10..

The term `weak artificial intelligence' is used to emphasize a limitation to a certain (prescribed) task, for example:

- to determine the risks of the patents' health deterioration (e.g., blindness in patients with eye diseases);

- as a specialized professional linguistic/translation system (assistant);

- intelligent workflow management in business;

- intelligent online search.

When artificial intelligence is being developed for a much wider application or higher efficiency, it is referred to as `strong'. This is not accidental, since, to some extent, artificial intelligence enables to compensate for the lack of resources -- in some cases, rather considerably P. G. Winston. Iskusstvennyj intellekt. P. 247..

Maria Siemaszkievich points out that certain complications may arise if artificial intelligence is used when establishing the actual circumstances of the case, since this process is based not merely on interpreting the rules of law, but on the cognitive reasoning of an individual who has a certain life experience. Furthermore, obtaining evidence requires the ability to use natural language and understand human behavior (for example, in examination of witnesses). Even with the current level of the development of artificial intelligence technologies, it is still impossible to equip a computer system with the means equal to human perception. At the same time, it is possible to create an artificial intelligence system which would be capable to partially establish the actual circumstances of the case Siemaszkiewicz M. The Application of Artificial Intelligence in Polish Civil Proceedings // URL: https://nms.kcl.ac.uk/ icail2017/dcpdf/siemaszkiewicz.pdf. P. 7--8..

In China, the term of `intelligent court' was first used in the Annual Working Report of the Supreme People's Court of China in 2015. In theory, such `intelligent judicial system' assumes the overall use of the Internet, cloud computing, big data, artificial intelligence and other technologies to stimulate the modernization of the judicial system and its capabilities. Within this context, `intellectual' refers to three key areas:

- intelligent resolution of cases;

- intelligent office work;

- intelligent subjective assessment Xu (Lu) A. Chinese judicial justice on the cloud: a future call or a Pandora's box? An analysis of the «intelligent court system» of China // Information & Communications Technology Law. 2017. Vol. 26. № 1. P 59--71. P. 62. URL: https:// doi.org/10.1080/13600834.2017.1269873..

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