Meshcheryakova A.V. —
Experimental legislation and its importance for overcoming the crisis trends in modern legal policy
// Law and Politics. – 2017. – ¹ 2.
– P. 1 - 9.
DOI: 10.7256/2454-0706.2017.2.20318
URL: https://en.e-notabene.ru/lpmag/article_20318.html
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Abstract: This article examines the problematic of experimental legislation and its importance in the context of specific examples of the use of the model of experimental law for establishment of the legal policy in the conditions of insufficient knowledge about the resolvable socioeconomic and other problems and challenges that. The author analyzed the existing key approaches and research assessments in understanding of the role and importance of experimental legislation in comparison with the examples in foreign legal literature and legislative practice. The subject of the study contains the doctrinal positions of Russian and foreign (Western European) legal literature pertaining to the assessment of the role and importance of experimental law, as well as the normative texts as separately taken examples of implementation of the model of experimental law. The scientific novelty consists in theoretical generalizations of the main academic approaches in Russian legal literature alongside the selected examples of foreign legal literature in pursuing correlation with the relevant original foreign legislative acts. The work suggests an original definition of the experimental legislation as a necessary tool and resource for improving the modern legal policy that is applied under the conditions of insufficiency of scientific knowledge about the existing issues and challenges; as well as the mechanisms and methods of their overcoming, which in terms of minimization of the risks and use of inefficient methods, allow acquiring the sufficient data for elimination of the corresponding legal gaps.