DESIGNING OF EXPERIMENTAL LEGAL REGIMES: THEORETICAL AND LEGAL ANALYSIS

Abstract

In this article, based on a modern approach, the theoretical essence of one of the rapidly developing methods of lawmaking in recent years – experimental legal regimes (EHR), the mechanisms of their application, as well as the advantages and disadvantages of their application, are scientifically substantiated. The article also analyzes the impact of experimental legal regimes (EHR) on the principles of the rule of law, equality, and legal certainty. The author, based on the opinions of Russian and foreign lawyers, substantiates the need to create a legal and methodological basis for EHRs. In particular, the role of the legal experiment in the legal system, its political and legal conditions, the stages of design and evaluation, and international and national experience are analyzed. In addition, the article examines whether experimental legal regimes can pose a threat to the principles of legal certainty, equality, and justice. Because the legal status of entities participating in the EHR changes, they receive certain legal privileges, and as a result, other entities are subject to the general rules. It is this situation that some researchers consider contrary to the principles of justice and equality. The article also presents scientific conclusions and practical proposals aimed at improving national legislation.