THE ALGORITHMIC RULE OF LAW: INSTITUTIONALIZING ACCOUNTABILITY AND HUMAN OVERSIGHT IN AI-DRIVEN LEGAL SYSTEMS

Abstract

The article examines the integration of artificial intelligence (AI) technologies into justice, public administration, and private law, highlighting the need to rethink traditional notions of legal personality, liability, and procedural guarantees. The study employs an integrative review of literature, comparative legal analysis of supranational and national regulations, formal-dogmatic analysis of AI legal personality and delictual capacity, content analysis of ethical codes, case studies on algorithmic systems in judicial and administrative processes, and scenario modeling of the “human–algorithm–state” partnership. The dual nature of AI in the legal system is identified: while interpretation dominates as a tool with increased autonomy, space is emerging for functional legal personality within delegated responsibility. Key interaction points are highlighted, including algorithmic rule of law, the right to non-automated decisions, audit and impact assessment, and explainability, alongside a lack of operational mechanisms for appeals and causal reasoning in AI-related cases. A three-level partnership framework is proposed, covering normative, ethical, and institutional dimensions, with a phased recognition model ranging from functional to limited civil and conditional subjectivity. The study demonstrates that effective AI integration requires simultaneous reinforcement of procedural guarantees and adaptation of liability regimes. Optimal implementation involves a cooperative model in which algorithms remain accountable, explainable, and human-controllable. Recommendations include adopting a national charter on AI and law, establishing a register of high-risk systems, and creating independent centers for assessing AI’s impact on national legal systems.