Judicial law-making in the era of digitalisation: prospects and limitations

Judicial law-making in the era of digitalisation: prospects and limitations

Authors

  • Ludmila EMELINA Russian Academy of National Economy and Public Service under the President of the Russian Federation, Moscow
  • Sergey YAVORSKY LLC «BusinessInTel», Moscow

Keywords:

judicial lawmaking, artificial intelligence, digitalisation of justice, case law

Abstract

The article is devoted to the study of the nature of acts of higher courts that have become normative and their classification as quasi-normative or non-traditional sources of law. Special attention is paid to the introduction of artificial intelligence in the judicial system of Russia, its potential and risks for improving the quality of judicial decisions are considered. The authors analyse the legal aspects of the use of neural networks, identify problems and propose strategic solutions for the successful integration of new technologies into the justice system. The article emphasises the need to find a balance between technological innovation and preservation of legal tradition. The authors propose several key changes: strengthening legal regulation of the use of neural networks in judicial practice, introduction of specialised training programmes for judges and law enforcers in the field of digital technologies, as well as the development of universal algorithms for artificial intelligence, taking into account the legal specifics of various industries.

Author Biographies

Ludmila EMELINA , Russian Academy of National Economy and Public Service under the President of the Russian Federation, Moscow

PhD in Law; Associate Professor of the Department of Legal Support of Market Economy

Sergey YAVORSKY , LLC «BusinessInTel», Moscow

lawyer of the company 

Published

2024-10-23

Issue

Section

Актуальные вопросы науки и правоприменительной практики
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