К вопросу о правовом регулировании порядка организации экспериментальных правовых режимов в сфере инновационных технологий

Abstract

The article is devoted to the order of organization and implementation of experimental legal regimes in the Russian Federation and foreign countries. The author investigates modern domestic and foreign law enforcement practice of establishing experimental legal regimes in the field of innovative technologies, and using the example of Russian legislation, the mechanism of establishing experimental legal regimes presents the data on initiative proposals in this direction. As criteria for the analysis the peculiarities of normative-legal regulation of the procedure for establishing experimental legal regimes; peculiarities of the circle of persons and the territory of experimental legal regimes; peculiarities of determining the authorized officials and bodies that make decisions on the establishment of experimental legal regimes are highlighted. The question of understanding the order of experimental legal regimes establishment as either a law-making initiative or an administrative procedure is raised. The author substantiates the value of experimental legal regimes, which lies in the possibility to identify the negative consequences of the introduction of innovative technologies on a limited scale. The problem of establishing a balance between the rights and obligations of authorized bodies and persons taking the initiative to establish experimental legal regimes is outlined. The need for theoretical and legal research on the role of the state in the regulation of social relations associated with experimental legal regimes is pointed out.