Innovative public-legal regimes in the strategic development of the Russian Far East: the proper measure in deep logistic and paradigm approaches

Abstract

The article is devoted to the issues of deep logistical and paradigm approaches in planning, programming and predictive design of measures and scenarios for development of the Russian Far East. The author addresses the subject of regulatory experiment and iteratively adaptable regulation. The article presents the author's definitions of the concepts of «regulatory experiment» and «iteratively adaptable regulation». The author articulates a certain objective difficulty in creating an ideal regulatory toolkit (for a long design period of operation), which determines the need to turn to regulatory experimental approaches and technologies. The legislator, who has designed a good (in his opinion) regulatory toolkit, begins to test it in real conditions, and not on paper, or in the head (mentally) or in a computer. According to the author, the latest paradigmatic and instrumental-technological approaches associated with testing, experimental “running in”, with an iteratively adaptable approach based on handling regulatory landscapes, with regulatory spaces, allow them be transformed in the most gentle way in the right directions. These approaches make it possible to fill in gaps and eliminate other defects. However, the identified certain timidity before experimenting in the field of law, therefore, is rooted in the shortcomings of legal education. This is also due to the fact that the technologies and tools of the regulatory experiment and iteratively adaptable regulation, the innovative public law regimes built on them, do not find concretizing explanations in the specialized literature, knowledge about them is not generalized and transferred properly. During preparing the study, classical general scientific methods of analysis and synthesis, induction and deduction, classification and modeling, as well as scientific legal methods of formal, teleological (target) and specific historical interpretation of law were used as the main ones. The legislation and experience of law enforcement practice in Russia and several dozen foreign countries are taken as an empirical and other source basis for the study. The result reflected in the article completes the author's scientific theory, reflected in his scientific monographs, adapts this theory to Russian reality.