Experimental legal regime in the field of digital innovations: on the issue of ensuring legal certainty

Abstract

The rapid development of digital technologies that transform objective reality by their implementation, combined with the need for the Russian state to rely mainly on internal resources (which is due to the introduction and expansion of the sanctions regime of unfriendly countries against Russia), "calls" for the search for effective mechanisms and tools capable of: 1) to ensure technological sovereignty, 2) to mobilize the digital economy, 3) to preserve the well-being of our society. One of these mechanisms may be an experimental legal regime in the field of digital innovation (hereinafter referred to as EPR), the study of the essence of which is the subject of this work. In the course of the research, the author pays special attention to: 1) consideration of the category "legal experiment"; 2) disclosure of the essence of the EPR through the study of the category "legal regime of entrepreneurial activity", including within the territories with a special regime of entrepreneurial activity; 3) consideration of the issue of ensuring the principle of legal certainty in the context of the EPR. The following methods of scientific research were used in the study: analysis, synthesis, generalization, analogy, etc.; a systematic approach, special legal and comparative legal methods were used. The main conclusions of the conducted research are: - firstly, the system of entrepreneurial legal regimes can be represented by the following triad: general, special, extraordinary; in relation to territories with a special regime of entrepreneurial activity, when it comes to a special preferential regime; - secondly, the dual legal nature of the EPR makes it possible to consider it both as one of the types of territory with a special regime of entrepreneurial activity, and as a legal experiment; - thirdly, the intermediate place of the EPR between the advanced legal regulation is determined and the postponement of legal regulation, which allows us to talk about the dynamism of legal certainty; fourth, EPR can be considered as an effective means of overcoming the effect of lagging legislation only when legality is not replaced by expediency.