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Supreme Court (of Ukraine) versus Artificial Intelligence: An Assault on Progress or a Justified Defence of Procedural Good Faith?

The Ukrainian Supreme Court refused to open cassation because the appeal relied on AI hallucinations. What that tells us about adversarial procedure, judicial function and how the USA and the EU regulate the use of AI in court.

The article analyses the ruling of the Cassation Administrative Court within the Supreme Court of Ukraine dated January 15, 2026, in case No. 240/14153/24, where the opening of cassation proceedings was refused due to references to non-existent resolutions attributed to "AI hallucinations." It examines issues of violation of the principles of adversarial proceedings, absence of expertise, and exceeding judicial functions. A comparison is made with practices in the USA and the EU, where AI is integrated with ethical guidelines, including an analysis of the European Regulation (AI Act) regarding the use of AI in the legal field. Recommendations are proposed for regulating the use of AI in Ukrainian judicial proceedings.

Citation: Keshkentii, Denys. Supreme Court (of Ukraine) versus Artificial Intelligence: An Assault on Progress or a Justified Defence of Procedural Good Faith? SSRN, DOI 10.2139/ssrn.6193619. Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6193619

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