Digital Technology in Courts as a Tool for Smart Regulation: Opportunities and Risks

The research aims to identify the opportunities and risks of the digitalization of courts as a means of smart regulation. The research applies the methods of description and interpretation, theoretical methods of formal and dialectical logic, and predictive methods. The research identifies the various tools of digitalization of judicial activity and their functions. The authors pay particular attention to the opportunities and risks of applying artificial intelligence in justice. Digitalization is seen as a means of smart regulation, a concept that offers a wide range of tools for public administration. Digitalization has the potential to improve the quality of judicial proceedings. However, it also brings significant risks that must be considered. Thus, online justice increases the accessibility and transparency of judicial proceedings. However, the remote form of interaction is dangerous due to the loss of the emotional and non-verbal components of communication, which makes it difficult to understand in situations where trust and empathy are important. Artificial intelligence automates the process of case review and decision-making, which allows for uniformity in judicial practice. Nevertheless, its application excludes free judicial discretion and reproduces the errors and biases of existing jurisprudence. Alternative ways of resolving disputes online, such as smart contract dispute platforms, can be seen as “surrogate” regulators, reducing the burden on the state court system. Simultaneously, alternative dispute resolution methods have a limited scope of application and are unlikely to be able to compete seriously with state justice even in the most distant future. Only a comprehensive understanding of all benefits and risks associated with various forms of digitalization of legal proceedings will maximize the benefits of this process for the successful development of society.