Abstract
The paper examines the new concepts of Russian legislation introduced into the mechanism of legal regulation with the entry into force of the Federal Law “On Experimental Legal Regimes in the field of Digital Innovations in the Russian Federation” and analyzes the first projects approved as part of its implementation. Thus, one of the actively implemented types of regulatory technologies, as shown in the article, is the “regulatory sandboxes”. The establishment of an experimental legal regime within the framework of the functioning of “regulatory sandboxes” means the application to legal entities and individual entrepreneurs of a special, different from the generally established legal regulation (special regulation and general regulation – in the definitions of the law under study). The article analyzes the prerequisites and possible results of the implementation of a flexible system of legal regulation aimed at stimulating the development of technologies and preventing possible negative consequences associated, inter alia, with the use of artificial intelligence. When writing the work, of general scientific methods were used (such as: dialectical, systematic, analysis, synthesis, induction, deduction, modeling, observation) and special private scientific methods of cognition (in particular, formal legal). In the course of using this methodology, the authors described in detail the distinctive characteristics and predictively outlined the features of a flexible system of legal regulation aimed at stimulating the development of technologies, as well as drew conclusions about the possibilities arising from the use of the mechanism of “regulatory sandboxes” in modern Russia.
Highlights
In January 2021, the Federal Law of July 31, 2020, No 258-FZ "On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation" came into force in Russia
The objectives of the experimental legal regime are the formation, based on the results of its implementation, of new types, forms and methods of economic activity; development of competition; expanding the composition, improving the quality or availability of goods, works and services; increasing the efficiency of state or municipal administration; ensuring the development of science and social sphere; enhancement of general regulation based on the results of the implementation of the experimental legal regime; attracting investment in the development of entrepreneurial activity in the field of digital innovations in the Russian Federation; creating favorable conditions for the development and implementation of digital innovations. [5]
The law defines normative legal regulation, which differs from general regulation and is established pursuant to Federal Law No 258 by the program of the experimental legal regime in relation to participants in the experimental legal regime for a certain period and, unless otherwise provided by the program of the experimental legal regime, in a certain territory
Summary
In January 2021, the Federal Law of July 31, 2020, No 258-FZ "On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation" (hereinafter - FZ No 258) came into force in Russia. Persons involved in the development and implementation of digital innovations are given the opportunity to implement their practical application in the context of removing the restrictions established by regulatory legal acts ("sandboxes"). These modes will allow the business to reduce the time and costs for the development, testing, and implementation of new technologies, as well as reduce legal risks. This federal project provides for the development and adoption of a number of regulatory legal acts aimed at removing priority barriers that impede the development of the digital economy, in particular, in such areas as: civil circulation [12], financial technologies [15, 19], intellectual property, telecommunications, legal proceedings and notaries, standardization, etc
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