Legal Еxperiment

Abstract

The goal is set: on the basis of a scientifically based concept of integrative legal understanding, synthesizing ontologically homogeneous legal regulators – principles and norms of law, to highlight the features of the legal experiment. The analysis of the prevailing doctrinal ideas about the legal experiment was carried out, which made it possible to clarify its features and social purpose. In the course of the study, various methods of cognition of legal reality were used (dialectical-materialistic, general scientific and private scientific). Consideration of the legal experiment as an effective method of cognition of the surrounding reality, a method of its transformation, allowed us to define the legal experiment as a unique type of legal activity, an integral part of the emanation of law, consisting of a number of stages, namely: definitive, law-creation, experimental implementation of the law and the final. The diversity of legal experiments and the need for their classification is emphasized. It is proposed, in particular, to distinguish legal experiments by territorial, substantive and substantive criteria. Special attention is paid to digital legal experiments in the article. The destructiveness of the proposals made in science on the administration of justice by algorithms of IT platforms is proved. The necessity of adopting a special Federal law “On Legal Experiments” as a legal act fixing all the essential conditions for conducting legal experiments, taking into account the dynamism of this phenomenon, is substantiated.