THE PROBLEMS OF DISTINGUISHING THE CONTENT OF A LAW-MAKING EXPERIMENT AND A PILOT PROJECT IN RUSSIAN LAW-MAKING PRACTICEMODERN FAMILY VALUES AND THEIR FEATURES
In order to improve the legal regulation of public relations, the practice of testing new mechanisms of legal influence through the implementation of law-making experiments and pilot projects is expanding. At the same time, legislation and legal science do not provide an answer to the question of th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
LLC «MIAS Expert»
2024-04-01
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| Series: | Legal Bulletin |
| Subjects: | |
| Online Access: | https://en.legalbulletin.ru/data/documents/LB2024no1_3.pdf |
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| Summary: | In order to improve the legal regulation of public relations, the practice of testing new mechanisms of legal influence through the implementation of law-making experiments and pilot projects is expanding. At the same time, legislation and legal science do not provide an answer to the question of the difference between these methods of regulation. The main purpose of the study is to fill this gap. The main research methods used are formal legal, historical legal and comparative legal methods, which allowed the authors to analyze the genesis of experimental regulation and compare the elements of a law-making experiment and a pilot project. An analysis of the law-making experiments allowed us to conclude that the latter establishes some legal exceptions. Its essence is determined based on the interpretation of the provisions on the participants of the experiment, the date and territory of its conduct, and the principles of its organization. Unlike law-making experiments, pilot projects are regulated at the subordinate level and have a smaller scale of implementation (by subjects, by territory). Most of the pilot projects do not have alternative mechanisms for implementing public relations, that is, they form a fundamentally new regulation. It is concluded that the goals and objectives of the law-making experiment and the pilot project are similar - testing a new regulatory mechanism. Very conditional differences are seen when assessing the scale of the pilot project and the law-making experiment, as well as the principles of implementation, including the period of implementation, the territory of implementation and participants. The present study allows us to conclude that the synonymous series of «legal experiment», «law-making experiment», «experimental legal regime» is supplemented by the concept of «pilot project» with some exceptions. Any pilot project is an experimental form of management activity and cannot exist without an experimental legal regime, which is its legal basis, determining the method of public administration. It is noted that a significant disadvantage that does not allow for a clear distinction between the considered regulatory mechanisms is the lack of methodological guidelines for their implementation.
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| ISSN: | 2658-5448 |