Introduction of Experimental Legal Regimes in the Context of Digital Transformation

Abstract

Experimental legal regimes (hereinafter referred to as ELR) are a key link in the digital transformation of the economy, and also play an important role in the era of rapid technological transformation. The author has set the task to determine the functions of ELR in the context of the introduction of various innovations, evaluate their effectiveness and identify key obstacles to their implementation. The purpose of the work is to prepare recommendations on the development of ELR in the Russian Federation and the formation of guarantees for their participants in order to spread legal norms throughout the country, which, in turn, will contribute to the further development of digital technologies. To this end, an in-depth analysis of the legislation of the Russian Federation regulating various ELR, judicial practice, and the current ELR were conducted. The main research methods used were comparative legal analysis, a systematic approach, statistical data processing and the casual study of court decisions. The database of initial data for the study includes Federal laws and other by-laws, reports on the implementation of the ELR, materials of judicial practice and other statistical data. The study confirmed the effectiveness of ELR in reducing bureaucratic barriers and stimulating innovation. At the same time, systemic problems have also been identified, such as the «framework» of the regimes, legal uncertainty at their completion, and lack of guarantees for participants at their completion. It is concluded that it is necessary to introduce investment insurance, the abolition of time and territorial restrictions in regulating successful experiments, as well as tax benefits for ELR participants. The research results can be used by legislative and executive authorities to improve the legal system, reduce risks when testing new legal norms in the context of digital transformation and attract investment in new innovative projects.