Problems of AI Regulation: Solutions Through Soft Law

Abstract

This article examines the regulatory challenges arising from the dynamic development of artificial intelligence (AI) and the possibilities for overcoming them through soft law instruments. Traditional legislative mechanisms (hard law) often prove insufficiently flexible and lag behind dynamic technological innovations, leading to legal uncertainty, conflicting case law, and even a lack of legal regulation. This research aims to explore the limits of positive legal regulation (hard law) in the context of accelerated technological development. The article argues that in the field of AI regulation, soft law should not be viewed as a temporary stage before the emergence of hard law, but as a sustainable form of rapid and responsible legal regulation. Particular attention is paid to contemporary judicial practice, which increasingly faces complex cases related to liability for autonomous systems, algorithmic discrimination, and copyright. The study concludes that courts are experiencing difficulties in applying existing legal norms to new legal facts arising from AI. The results of the study confirm, based on an analysis of case law and a comparative legal analysis of soft law instruments and hard law, that in the regulation of AI, soft law should not be viewed merely as a temporary solution, but as a sustainable model for regulation and an important auxiliary tool for judicial interpretation. Particular attention is paid to the mechanisms for strengthening soft law. This justifies a balanced approach to legal regulation of AI, ensuring the protection of fundamental rights and ethical standards while providing the necessary freedom for the development of new technologies.