Regulation on the Use of Artificial Intelligence Technologies by Employees of the Office of the Supreme Court

Abstract

ADMINISTRATIVE ORDER OF THE HEAD OF THE OFFICE OF THE SUPREME COURT

Kyiv No. 117 08.12.2025 On the Approval of the Regulation on the Use of Artificial Intelligence Technologies by Employees of the Office of the Supreme Court (Secretariat) Pursuant to the Laws of Ukraine "On the Judiciary and the Status of Judges", "On Public Service", "On Information", "On the Protection of Personal Data ", Article 16 of the Code of Judicial Ethics approved by the decision of the XX Congress of Judges of Ukraine dated September 18, 2024, and for the purpose of enhancing the quality and efficiency of operational processes, optimizing resource utilization, and establishing proper conditions for the secure and responsible use of artificial intelligence technologies by emplo yees of

the Office of the Supreme Court (excluding judges), guided by part three of Article 156 of the Law of Ukraine "On the Jud iciary and the Status of Judges ", paragraph 3.1 of Section 3 of the Regulation on the Office of the Supreme Court approved by the resolution of the Plenum of the Supreme Court dated November 30, 2017, No. 6,

I HEREBY ORDER:

1. To approve the Regulation on the Use of Artificial Intelligence Technologies by

Employees of the Office of the Supreme Court (Secretariat), as attached.

2. The Department for Communication Activity (O. O. Tuieva) shall publish the

Regulation approved by this Order on the internal corporate network "Intranet" of the Supreme Court and on the official website of the Supreme Court.

3. The Chancellery (I. O. Ihnatieva) shall bring this Order to the attention of the First

Deputy Head of the Office — Head of the Department for Analytical and Legal Work, the Deputy Heads of the Office — Heads of the Secretariats of the Cassation Courts, and the heads of independent structural units.

4. I reserve control over the execution of this Order.

Head of the Office //Qualified electronic signature// Viktor KAPUSTYNSKYI

REGULATION On the Use of Artificial Intelligence Technologies by Employees of the Office of the Supreme Court I. General Provisions

1. This Regulation defines the general principles and rules for the use of artificial

intelligence technologies (hereinafter – AI) by employees of the Office of the Supreme Court (excluding judges) (hereinafter – employees) to ensure compliance with the principles of public service, specifically professionalism, efficiency, and integrity.

2. The Office of the Supreme Court (Secretariat) supports the development and

recognizes the significant potential of AI technologies for the optimization and improvement of work processes. The integration and use of AI technologies within the activities of the Office of the Supreme Court shall be based on the fundamental principles of the rule of law, professional ethics, transparency, and respect for human rights and freed oms.

AI serves exclusively as an auxiliary tool and cannot substitute for the professional activity of an employee (including their critical thinking, independent professional (non judicial) judgment , legal qualification, and final decision -making). The use of AI technologies in the activities of the Office of the Supreme Court must not infringe upon the independence and impartiality of judges.

3. This Regulation takes into account Article 16 of the Code of Judicial Ethics,

approved by the decision of th e XX Congress of Judges of Ukraine dated September 18, 2024, as well as the Advice on the Responsible Use of Artificial Intelligence by Public Servants developed by the Ministry of Digital Transformation of Ukraine, the National Agency of Ukraine on Civil Service and the High School of Public Governance (March 2025) and the Recommendations for Legal Practitioners on the Safe Use of Artificial Intelligence developed by the Ministry of Justice of Ukraine together with national and international partners (July 2025).

4. This Regulation also takes into account the developments of international

instruments and recommendations in the field of the use of artificial intelligence, in particular the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their Environment, adopted by the European Commission for the Efficiency of Justice (CEPEJ) at its 31st Plenary Meeting (Strasbourg, 3 -4 December 2018); Opinion No. 26 (2023) of the Consultative Council of European Judges (CCJE) “Moving Forward:

the Use of Assistive Technologies in the Judiciary” (Strasbourg, 1 December 2023); and Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act).

5. This Regulation aims to establish appropriate standards for the safe and

responsible implementation of artificial intelligence in the activi ties of the Office of the Supreme Court, providing for the protection of restricted -access information and the avoidance of risks associated with the lack of transparency of AI operating principles, potential technical deficiencies, as well as inadequate p rofessional oversight by AI users,

and to contribute to improving the quality and efficiency of work processes, as well as to optimising the use of resources.

6. All terms used in this Regulation shall be applied in the meanings defined by the

current legisla tion, taking into account the Glossary of Terms in the Field of Artificial Intelligence approved by the Ministry of Digital Transformation jointly with the Expert Advisory Committee on the Development of the AI Sector in Ukraine (2024) .

II. Fundamental Principles of the Responsible Use of Artificial Intelligence

1. Principle of the protection of fundamental human and civil rights and freedoms

1) the use of artificial intelligence shall comply with the Constitution and the

legislation of Ukraine, in particular in the areas of personal data protection and intellectual property;

2) where artificial intelligence is used to create a document or any part thereof,

the employee shall inform the persons to whom the relevant information is provided of such use, e ither in the accompanying information or in the document itself;

3) notification of the use of artificial intelligence shall not be required where the

technology is applied solely for technical tasks (for example, grammar checking, text formatting, transcription, etc.).

2. Principle of accountability

the employee shall independently make the final decision, based on their own critical judgement, on the use in their work of results obtained through the use of artificial intelligence. At the same time, the use of artificial intelligence in the performance of work shall not relieve the employee of responsibility for the results of their work or for their compliance with the requirements of the legislation of Ukraine.

3. Principle of confidentiality and security

the use of publicly available , non-authorized artificial intelligence technologies for working with restricted -access information (confidential, classified, and internaluse-only information under Ukrainian law) shall be prohibited.

4. Principle of good faith and reliability

1) any information generated through the use of artificial intelligence shall be subject

to mandatory professional verification by a qualified employee as to its accuracy, reliability, and absence of bias;

2) in order to improve the quality of work with artificial intelligence, employees should

formulate clear and accurate prompts and take measures to identify and verify the primary sources of the information provided; where it is impossible to verify the reliability of a source, the employee should refrain from using such output as duly substantiated;

3) when working with artificial intelligence technologies, the employee shall pay

particular attention to the origin and reliability of input data (uploaded information

and documents); for analysis and generalisation purposes, data from official sources should be used wherever possible.

5. Principle of ethics and non -discrimination, including the avoidance of algorithmic

bias:

1) the use of artificial intelligence shall be carried out in a manner that ensures fair,

impartial, and respectful treatment of every individual, regardless of their origin, gender, age, beliefs, or other characteristics;

2) employees shall identify and minimise the risks of bias that may be embedded in

artificial intelligence algorithms; in particular, where indicators of such bia s are identified, this shall be taken into account in the context of compliance with other requirements of this Regulation, and any negative impact of such factors on work shall be avoided;

3) when selecting and approving artificial intelligence technologies, preference shall

be given to tools whose developers ensure appropriate data protection, compliance with security requirements, confidentiality, access control, and provide transparent information on the architecture of the technology, the data used for its training, and the measures taken to mitigate the risk of algorithmic bias .

III. Scope of Application and Permitted Functions

1. The use of publicly available artificial intelligence technologies shall be permitted

exclusively for technical, auxiliary, or training purposes that do not involve the input of restricted -access information. The employee shall, to the extent technically feasible, opt out of allowing input data to be used for further AI training.

2. The use of artificial intelligence technologies shall be prohibited for

1) processing documents containing information protected by law, including

the secrecy of judicial deliberations and information from closed court hearings;

2) analysing and monitoring the behaviour of employees;

3) attempting to predict individual judicial decisions in specific cases;

4) automatic drafting of documents intended to be issued as judicial acts and

any other procedural documents adopted within the framework of judicial proceedings;

5) processing materials of court cases containing personal data.

3. Employees may use artificial intelligence, inter alia, to perform the following

functions and tasks:

1) summarising case law with a view to ensuring its uniformity, in accordance

with the powers of the Supreme Court defined in Article 36 of the Law of Ukraine “On the Judiciary and the Status of Judges”;

2) analysing court decisions in order to identify systemic causes of disputes

(preventive justice) and preparing proposals for improving legislation;

3) populating the Database of Legal Positions of the Supreme Court;

4) analysing and summarising large volumes of data on the basis of open

sources of information;

5) preparing analytical documents and reports;

6) automating repetitive work processes, visualising data in the form of charts

and diagrams, etc.;

7) creating and disseminating information on the activities of the Supreme

Court, and facilitating the maintenance of the Supreme Court’s web pages on social media platforms;

8) developing chatbots, in particular t o ensure feedback from visitors to the

Supreme Court and participants in judicial proceedings;

9) selecting materials for self -development, professional development, and

vocational training;

10) searching for new ideas and approaches to the organisation of work

processes;

11) translating documents from foreign languages (subject to human review).

IV. Procedure for Use and Liability

1. Requirements for employees

1) employees shall be required to undergo periodic training organised by the

Supreme Court and the National School of Judges on the practical and ethical aspects of the use of artificial intelligence technologies, including prompt-formulation techniques and personal data protection ;

2) each employee using artificial intelligence shall be familiarised with this

Regulation and shall bear personal responsibility for compliance therewith.

2. Procedures for use

1) employees shall thoroughly verify the results obtained; all factual data,

quotations, and references to legislative acts or judicial practice shall be cross-checked against primary sources (legislative acts, official databases, etc.) and corrected where necessary;

2) it shall be prohibited to upload official documents containing restricted -

access information, including personal data of applicants or participants in proceedings, banking secrecy, attorney -client privilege, etc., to any publicly available artificial intelligence technologies;

3) only artificial intelligence technologies approved by the Head of the Office of

the Supreme Court may be used for working with restricted -access information, provided that such technologies ensure appropriate data protection, compliance with security requireme nts, confidentiality, access control, transparency of information on the technology’s architecture and the data used for its training, as well as the minimisation of algorithmic bias.

3. An employee shall bear disciplinary and other types of legal liability under Ukrainian

law and internal regulations for the unlawful use of artificial intelligence, which has resulted, inter alia, in the disclosure of restricted-access information. V. Monitoring, Audit, and Updating

1. The management of the Office of the Supreme Court shall be entitled to initiate

monitoring of the use of artificial intelligence technologies in order to identify potential violations and to initiate audits to assess the effectiveness and safety of such technologies.

2. Based on the results of the relevant monitoring and audit, the Office of the Supreme

Court shall prepare and publish an open report on the implementation of artificial intelligence technologies, containing aggregated information on areas of use, outcomes, effectiveness, and risks.

3. This Regulation shall be open to consultations with academics, technology experts,

and the public.

4. This Regulation shall be reviewed and updated taking into account new

technological developments and changes in national legislation, as well as international instruments and recommendations in the field of the use of artificial intelligence technologies.