Prospects and problems of using machine-readable law in legal proceedings

Abstract

Introduction. The article is devoted to the study of the potential application of machine-readable law technologies in the fi eld of judicial protection of human rights. In the course of the research, the authors analyzed the Concept of development of machine-readable law technologies, approved by the Governmental Commission on Digital Development and the Use of Information Technologies for Improving the Quality of Life and the Business Environment. It was established that the achievement of one of the key directions of application of machine-readable law, according to the Concept, i.e. modernization of judicial proceedings in Russia, will objectively entail the improvement of the procedure of judicial protection of human rights. Theoretical analysis. The current state of legal proceedings in the Russian Federation is characterized by a set of problems that negatively aff ect the effi ciency of the judicial protection of human and civil rights and freedoms in Russia. The concept of development of machinereadable law technologies off ers a number of directions for the improvement of law enforcement in the framework of judicial proceedings in the Russian Federation with the use of machine-readable law technologies, which, hypothetically, will lead to the improvement of the mechanism of judicial protection of human rights. In turn, scientifi c community also puts forward additional directions of application of machine-readable law in the fi eld of legal proceedings. Empirical analysis. The “advantages” of application of machine-readable law in court proceedings, highlighted by the Concept of development of machine-readable law technologies, can be recognized as eff ective in the tactical perspective. In addition, the development and application of the concept of machine-readable law in the fi eld of judicial protection of human rights can be associated with the development and use of artifi cial intelligence technologies. Results. According to the results of the study of the Concept of development of machine-readable law technologies, as well as the ideas of legal scholars, the authors reached conclusions about the usefulness of the chosen approach to the defi nition of the concept of machine-readable law in the document. Notwithstanding some theoretical fl aws in formulation of the machine-readable law and its ontology in the studied Conception, certain directions of development and implementation of the machinereadable law in the sphere of legal proceedings have tactical character, seem to be useful and eff ective for improvement of judicial protection of human rights. At the same time, this approach to the defi nition of machine-readable law and guidelines for its development can be used in the future to improve the concept in order to solve strategic problems of judicial enforcement.

Keywords

• machine-readable law
• right to judicial protection
• judicial protection of rights
• judicial proceedings
• artifi cial intelligence
• concept of development of machine-readable law technologies