Классификация регулятивных песочниц (экспериментальных правовых режимов): российский и зарубежный опыт

Abstract

Introduction: the institution of regulatory sandboxes, which is a financial and legal tool aimed at testing new technological solutions, which is not subject to restrictions of the current legal regulation, has been developed in almost all countries of the world, including the Russian Federation. At the same time, a theoretical and comparative legal study of a rapidly developing institution is required. In the paper, we study the types of regulatory sandboxes that are distinguished in world practice, as well as propose other classifications of experimental legal regimes. Purpose: based on Russian and foreign experience, to identify approaches to the regulation of digital innovations and the classification of experimental legal regimes (regulatory sandboxes) using various criteria. The research methodology is based on the application of methods of formal logic, system, and structural analysis, as well as the comparative law method, the methods of legal experiment, legal forecasting, and interpretation of legal norms. As a result of the conducted research, four main approaches to the regulation of digital innovations are described and adapted, as well as the classifications of regulatory sandboxes (experimental legal regimes) are identified. Conclusions: the main approaches to the regulation of innovations in international practice are observational, approbation, stimulating, and reformation. In turn, it is possible to classify regulatory sandboxes based on Russian and foreign experience by goals, by the territory of operation, by the subject of expertise, by the duration of testing, by the type of solutions promoted, by consumer protection measures, by the regulatory body, as well as by the scope of technology application.