Article page

Article information
About authors

Article information

Article`s title

Experimental Legal Regimes in the System of Legal Incentives

Abstract

The article is devoted to the study of issues of legal stimulation through legal experiments and experimental legal regimes, which manifests the scientific novelty of the article. It is noted that the system of legal incentives is one of the ways to individualize legal regulation, create special conditions for the exercise of rights and obligations by legal entities. Legal incentive regimes such as the incentive regime and the preferential legal regime are of the greatest interest as a tool for legal experimentation. It is for the legal regimes of this group that testing is required to determine their expediency, effectiveness and usefulness. A legal experiment is being conducted to identify the pros and possible cons (costs) of the regime. The article provides an analysis of scientific approaches to the definition of a legal experiment. In its most general form, a legal experiment is a limited approbation of proposed legislative innovations organized by a competent legislative body to verify their effectiveness, usefulness and profitability. As the purpose of establishing experimental legal regimes, it is indicated that such regimes act as a means of modernizing legislation, the result of which should be the improvement of basic legal regulation. The peculiarity of the experimental legal incentive regime is the fact that its norms have a unique status, since they are in a “suspended” state. This means that until the end of the implementation of the experimental legal regime, it is unknown whether these norms will find a place in the system of customary law or not.

How to Cite this article

Подольский А.В., Никулин Р.Л., Фокин И.В. Экспериментальные правовые режимы в системе правового стимулирования // Право: история и современность. 2024. Т. 8, № 4. С. 445 – 452. doi: 10.17277/pravo.2024.04.pp.445-452