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PROBLEMS OF EXPERIMENTAL LAWMAKING IN THE SPHERE OF DIGITAL INNOVATION

https://doi.org/10.17803/2311-5998.2019.64.12.053-060

Abstract

The article analyzes the current trends and problems of legal regulation of experiments and the formation of regulation of experimental legal regimes for digital innovation. The research hypothesis about the general fragmentation of the legal regulation of experiments is substantiated and confirmed - in the Russian Federation they are introduced by regulatory legal acts at various levels, while the full management cycle, including the stages of designing experiments, its preparation, conduct, and performance evaluation is not implemented, there is no relationship with strategic planning and planning rule-making process. Based on a comparative legal and statistical analysis of federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation for 1993-2019, as well as drafts of normative legal acts on conducting experiments prepared in 2019, existing shortcomings were identified in determining goals, indicators of achieving goals, and evaluating the effectiveness and efficiency of the experiments, including in the field of digital technology. Based on the methods of legal modeling and institutional design, a set of proposals has been developed on the formation of legal regulation of experimental legal regimes in the field of digital innovations, which can be implemented with the adoption of the relevant federal law.

About the Author

A. A. Yefremov
RANEPA
Russian Federation


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For citations:


Yefremov A.A. PROBLEMS OF EXPERIMENTAL LAWMAKING IN THE SPHERE OF DIGITAL INNOVATION. Courier of Kutafin Moscow State Law University (MSAL)). 2019;(12):53-60. (In Russ.) https://doi.org/10.17803/2311-5998.2019.64.12.053-060

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)