scholarly journals “Renaissance” of the “Smart Regulation” Category in the Domestic Law-Making Theory and Practice: Prerequisites and Factors of Influence

Legal Concept ◽  
2021 ◽  
pp. 6-11
Author(s):  
Agnessa Inshakova ◽  
Keyword(s):  
Information Technology ◽  
Technological Development ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Concept ◽  
Ability To Act ◽  
Smart Regulation ◽  
Smart Technologies ◽  
Law Making

The main subject of the current issue of the journal “Legal Concept = Pravovaya paradigma” – “ ‘Smart Regulation’ As an Intersectoral Category of Modern Law” - was not chosen by the editorial board by chance. This annotation is a justification of the choice made. The author considers an objective need to popularize the intersectoral category of “smart regulation” in the Russian legal space as a significant argumentative factor, which has long been of key importance in foreign law-making theory and practice and has only recently begun to attract the attention of domestic researchers. The author announces the project supported by the Russian Scientific Foundation in 2021 which is offered by the scientists of the Department of Constitutional and Municipal Law of Volgograd State University, aimed at the comprehensive development of a system of smart regulation tools, the study of their legal nature, interrelation and correlation with the classical categories of jurisprudence, the justification of the criteria for the assessment of their efficiency and features of the application in the branches of private and public law. It is noted that the concept of “smart regulation” does not have an absolute novelty. On the one hand, according to the author, it is organically growing out of the ideas that have long been developed in detail in the world political and legal studies. On the other hand, the complex of tools used in the framework of smart regulation includes, along with the new ones, the entire system of classical legal instruments. Some of them acquire a different sound in the conditions of information technology development, including digitalization; for others, the limits and methods of their application are specified. The papers presented in the main topic of the issue and the rest of its headings illustrate numerous options for using modern and classical means of legal regulation in various spheres of public relations, taking into account new information technology opportunities. It is noted that the term “smart regulation”, taking into account the great challenges of modern realities, is often transformed into the term “smart technologies of legal regulation” and is also used in various combinations with different industry and disciplinary concepts. The paper substantiates the inexpediency of using the term “smart technologies” concerning legal regulation in such a narrow sense, limiting it to the context of total informatization of society and technological development. It is argued that we should be talking about the totality of literally all modern legal technologies. It is recommended to interpret “technologies” in a broad sense as a certain method of human activity. And these methods, according to the author, are made smart by the fact that they are chosen, created, and proposed by the representatives of law-making theory and practice as determined by the state of modern scientific knowledge and society. It is also recommended to take into account the subordination of the proposed legal methods and means to the value dominants which are characteristic of modern culture, as well as their ability to act as the organizing core of a particular sphere of the legal regulation of public life.

scholarly journals Experimental legal regimes of mobilization type as a method of legal regulation in the context of COVID-19 spread

2022 ◽  
Vol 5 (4) ◽  
pp. 30-42
Author(s):  
V. O. Makarov
Keyword(s):  
Technological Development ◽  
Evaluation Criteria ◽  
Legal Regulation ◽  
Complex Object ◽  
Legal Regime ◽  
Global Epidemic ◽  
Legal Regimes ◽  
Smart Regulation ◽  
Legitimate Interests ◽  
New Interpretation

Experimental legal regime; COVID19; legal regime; legal experiment; “regulatory sandboxes”; legal technique; classification of legal experiments; legality; experimental legal regimes of mobilization type on legal forecasting and legal interpretation methods. The theoretical basis of the research includes well-known legal science categories, i.e. legal regime and legal experiment that get a new interpretation with the appearance of experimental legal regime institute. The main results of the research, scope of application. Experimental legal regime is a broader legal phenomenon than regulatory sandboxes, which includes not only regulation of the digital innovation sphere, but also other rules that are limited in time and space. There are legal regimes with signs of experimentation that are not officially identified by the state as experimental legal regimes. The work studied the experience which arose due to  modern  changes  in  state  and  legal  regulation  caused  by  the  global  epidemic  of COVID-19. It is suggested to divide the legal experiments according to the purpose of experimental legislation into the following groups: optimizing, progressive and mobilization ones. The aim of the first group named “Optimizing legal experiments” is to test using of new regulation applied to a large and complex object. The second group named “Progressive legal experiments” is intended to check whether the abandonment of old laws is beneficial in the innovation field. The result is creation of a smart regulation for economic and technological development. The third group named “Mobilization legal experiments” is aimed at maintaining of the existing level of resources, security, and infrastructure in the event of critical situations. It is being proved that the legal restrictions aimed at preventing of COVID-19 viral infection spreading can be classified as experimental legal regimes of mobilization type. The criterion for distinguishing of mobilization experimental legal regimes from others is the voluntary participation in the legal experiment and the goal of the experimental legal regime.Conclusions. The development of mobilization experimental legal regimes implies raising of their legality. It can be achieved by the provision of legal guarantees such as the goals of the legal experiment and the evaluation of their consequences. This will allow identify whether the consequences of the experiment correspond to the goals of the new legal regulation. There must be grounds for limitations to legal certainty caused by legal experimentation. Their manifestation is the goal and evaluation criteria, with the help of which it is possible to determine whether the consequences of the establishment of the experiment correspond to the goals of the new legal regulation. Otherwise, there is a risk of unjustified infringement of the rights and legitimate interests of citizens.

scholarly journals Factors for Establishing the Limits of Legal Regulation

Legal Concept ◽  
2021 ◽  
pp. 18-23
Author(s):  
Ekaterina Zaitseva ◽  
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Modern State ◽  
Physiological Factors ◽  
Scientific Methods ◽  
Social Nature ◽  
Smart Regulation ◽  
The Law ◽  
Law Making

Introduction: the knowledge of the legal regulation sphere and its limits is impossible without the analysis of the factors under the influence of which it is formed. Despite the obvious significance, the factors of establishing the limits of legal regulation did not become an independent subject of research but were only indirectly affected in the context of the analysis of the legal education factors. Meanwhile, these factors are of independent importance and need additional reflection. Their identification and clarification contribute to the introduction of the concept of “smart regulation” in the law-making policy of the modern state. Purpose: to identify the factors of setting the limits of legal regulation. Methods: the methodological framework for the study was made up of the general scientific and specific scientific methods of cognition. Results: the analysis of the factors of the establishment of the legal regulation sphere and its limits with the aim of its most adequate reflection as a subject of legal regulation is a necessary condition for improving the effectiveness of the law-making policy of the modern state. Conclusions: the factors that determine the limits of legal regulation can be objective and subjective. The objective factors determine the limits of the sphere of legal regulation; as such, it is necessary to consider the properties of public relations that have a legal nature, which in turn are under the influence of the objective factors of a natural and social nature, traditionally referred to as lawforming. The main natural factors should include biological, geographical, climatic, and physiological factors. The main objective social factors are scientific and technological, axiological, economic, and psychological. The identification of the sphere of legal regulation and its consolidation as a subject of legal regulation are caused not only by the influence of the objective factors but also by the subjective ones, which should include political-legal, scientific-cognitive, and technical-legal. All these factors interact with each other and “work” in the system. Depending on the specifics of the public attitude that is in the sphere of legal regulation and is fixed as its subject, the influence of various factors will be unequal.

scholarly journals The Standard Charter of a Municipality As a Means of Legal Technique

Legal Concept ◽  
2021 ◽  
pp. 94-99
Author(s):  
Irina Kareva ◽  
Keyword(s):  
Separation Of Powers ◽  
Legal Regulation ◽  
Scientific Discussion ◽  
Smart Regulation ◽  
Municipal Law ◽  
Standard Documents ◽  
Legal Technology ◽  
Legal Mechanism ◽  
Law Making

Introduction: the constitutional changes open a new round of scientific discussion about the place of municipal power in the system of separation of powers. Municipalities are experiencing a shortage of resources. Despite this, they are responsible for the development and adoption of statutes. The work is based on the hypothesis that the use of standard charters allows for more efficient use of the resources of municipalities and the improvement of the quality of the legal text. Purpose: to determine the possibility and necessity of using standard charters of municipalities. Tasks: to establish a link between the resources of a municipality and the effectiveness of its lawmaking; to analyze the examples of standard charters of municipalities; to predict the effect of the application of standard charters; to develop a roadmap for the implementation of standard charters. Methods: analysis, comparative law, predictive, statistical. Results: law-making is very burdensome for small municipalities, and the existing easing is insufficient. In foreign legislation, Russian and foreign practice, standard charters are used to save the resources of municipalities. The mechanism of standard charters has signs of smart regulation. There are two types of standard documents: template documents and model documents (actually standard documents). Conclusions: a comparison of the resources of the municipality with the scope of its rights and obligations revealed an imbalance in the legal regulation of municipal law-making. The model charters of municipalities allow us to solve this problem to some extent. We have proposed concrete steps for the legislative implementation of the legal mechanism of model charters in the digital economy. The analysis of the results of this project may confirm or refute the nature of the model statutes as a manifestation of smart regulation. In the course of the research, the author concluded that the topic of standard documents is not sufficiently studied in the science of legal technology. To eliminate this gap, it is necessary to define the concept and features of standard documents, their place among the tools of legal technology. The study of model documents is particularly important in the light of the upcoming spread of machinereadable law.

Journal of Technical and Natural Sciences 4(13), 2019/ OEAPS Inc.(Open European Academy of Public Sciences); Chief Editor Vitaly Yakovlev- Berlin, Germany. 26.05.2019: OEAPS Inc., 2019. - 74 P. ISBN: 9781075497858

2019 ◽  
Author(s):  
Inc. OEAPS
Keyword(s):  
Chief Editor ◽  
Natural Sciences ◽  
Theory And Practice ◽  
Original Research ◽  
Research Papers ◽  
European Academy ◽  
Constant Interest ◽  
Critical Reviews

Authoritative and critical reviews of the latest achievements of natural and technical disciplines are published by Journal of Technical and Natural Sciences. Journal of Technical and Natural Sciences, an international peerreviewed journal, publishes both theoretical and experimental highquality documents of constant interest, previously unpublished in journals, in the field of technical and natural sciences, whose purpose is to promote theory and practice. In addition to the peerreviewed original research papers, the Editorial Board welcomes original research reports, modern surveys and communications in a broadly defined field of technical and natural sciences.

Journal of Technical and Natural Sciences 9, 2018/ OEAPS Inc.(Open European Academy of Public Sciences); Chief Editor Vitaly Yakovlev- Berlin, Germany. 18.12.2018: OEAPS Inc., 2019. - 35 P.

2019 ◽  
Author(s):  
Inc. OEAPS ◽  
Михаил Владимирович Кармаза ◽  
Роман Владимирович Мотылев ◽  
Вероника Александровна Одрузова ◽  
Нишчхал ◽  
...  
Keyword(s):  
Chief Editor ◽  
Natural Sciences ◽  
Theory And Practice ◽  
Original Research ◽  
Research Papers ◽  
High Quality ◽  
European Academy ◽  
Constant Interest ◽  
Critical Reviews

Authoritative and critical reviews of the latest achievements of natural and technical disciplines are published by Journal of Technical and Natural Sciences.Journal of Technical and Natural Sciences, an international peer¬reviewed journal, publishes both theoretical and experimental high¬quality documents of constant interest, previously unpublished in journals, in the field of technical and natural sciences, whose purpose is to promote theory and practice. In addition to the peer¬reviewed original research papers, the Editorial Board welcomes original research reports, modern surveys and communications in a broadly defined field of technical and natural sciences.

Journal of Technical and Natural Sciences 2(11), 2019/ OEAPS Inc.(Open European Academy of Public Sciences); Chief Editor Vitaly Yakovlev- Berlin, Germany. 26.02.2019: OEAPS Inc., 2019. - 87 P.

2019 ◽  
Author(s):  
Саида Адиловна Низамова ◽  
Alina Evgenievna Averina ◽  
Руслан Сергеевич Решетов ◽  
Дмитрий Алексеевич Погожев ◽  
Мария Михайловна Кошелькова ◽  
...  
Keyword(s):  
Chief Editor ◽  
Natural Sciences ◽  
Theory And Practice ◽  
Original Research ◽  
Research Papers ◽  
European Academy ◽  
Constant Interest ◽  
Critical Reviews

Authoritative and critical reviews of the latest achievements of natural and technical disciplines are published by Journal of Technical and Natural Sciences. Journal of Technical and Natural Sciences, an international peerreviewed journal, publishes both theoretical and experimental highquality documents of constant interest, previously unpublished in journals, in the field of technical and natural sciences, whose purpose is to promote theory and practice. In addition to the peerreviewed original research papers, the Editorial Board welcomes original research reports, modern surveys and communications in a broadly defined field of technical and natural sciences

scholarly journals A Grey Multi-Level Evaluation of Industrial Park Ecology Based on a Coefficient of Variation-Attribute Hierarchy Model

2021 ◽  
Vol 13 (4) ◽  
pp. 1805
Author(s):  
Baolin Qiu ◽  
Dongkun Luo
Keyword(s):  
Technological Development ◽  
Theory And Practice ◽  
Industrial Park ◽  
Policy Management ◽  
Good Level ◽  
Industrial Parks ◽  
Hierarchy Model ◽  
Attribute Hierarchy ◽  
Multi Level ◽  
Ecological Construction

China entered a new era, and the construction of an ecological civilization and green development has been raised to a new strategic height. As the lifeblood of the national economy, industrial parks significantly contribute to economic growth. However, they also generate significant pollution, damaging the ecological environment. It is urgent to ecologically transform traditional industrial parks. This requires identifying methods to correctly and objectively evaluate the ecological level of industrial parks, and provide ecological construction proposals for the government and industrial parks. In this study, the comprehensive evaluation weight was determined by introducing a variation coefficient and an Attribute Hierarchy Model (AHM). The ecological level of four representative eco-industrial parks was then quantitatively evaluated using a grey multi-level evaluation method. The ecological construction level of the four industrial parks was as follows. The Tianjin Economic-Technological Development Area (TEDA) was rated at a “very good” level; and the Suzhou industrial park, Dalian economic and technological development zone, and Fushun mining group were rated at a “good” level. Six dimensions were studied. Of these, policy management had the highest weight, and the total weight of policy management and economic development approached 50%. The result shows that industrial parks can attract innovative enterprises and talents through the policy guidance of local government to improve the level of green innovation technology and cleaner production technology. Then, the ecological level of the industrial parks will be improved. This study enriched the theory and practice of ecological evaluation of industrial parks and provided a reference for the ecological construction of traditional industrial parks.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

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