Automation and algorithmization of criminal law qualification in the context of digital transformation of law enforcement

The article is devoted to the theoretical and practical aspects of criminal law qualification in the context of the digitalization of the legal system. It is emphasized that digital technologies significantly impact the sphere of criminal law, transforming approaches to the analysis of acts that bear legal significance. It is established that criminal law qualification constitutes a key element within the mechanism of criminal law regulation, as it ensures the legal assessment of an act and serves as the basis for holding a person criminally liable or exempting them from such liability. Various approaches to understanding the concept of qualification are examined, with an emphasis on its complexity and multifaceted nature. It is determined that the development of digital technologies creates prospects for the automation of law enforcement, particularly the process of legal qualification. At the same time, significant risks are highlighted, associated with the formalization of the elements of a criminal offense, many of which possess an evaluative character and are not amenable to unequivocal algorithmization. It is noted that algorithmic systems are capable of analyzing only formalized data, yet cannot account for psychological motives or social context, which often play a decisive role in the proper legal assessment of an act. The problem of the so-called “black box” phenomenon of algorithms is outlined, whereby even developers are sometimes unable to explain the reasoning underlying the decisions generated by the system, which contradicts the requirements of criminal law concerning the obligation to provide reasons for each judgment. Examples of the use of algorithmic technologies in criminal justice systems of other countries are analyzed, where such systems are primarily employed for analytics, risk prediction, or supporting decision-making, but have not yet performed full-fledged legal qualification of criminal acts. In Ukraine, the implementation of digital technologies in this sphere remains at an initial stage and is mainly limited to the automation of administrative procedures without the direct application of algorithms for the qualification of criminally punishable acts. The necessity is substantiated for developing a methodology that would clearly distinguish between characteristics suitable for algorithmization and those requiring human evaluation. The importance is underscored of establishing legal mechanisms to ensure the transparency of algorithmic functioning, the possibility of reviewing their decisions, and the protection of the rights of participants in criminal proceedings. It is concluded that the implementation of digital technologies in criminal law qualification is possible only under the condition of maintaining a balance between technological progress and the principles of justice, legal certainty, and human rights protection. Further research should focus on the creation of hybrid models of law enforcement, wherein algorithms play an auxiliary role while final decisions remain within the competence of legal professionals.