Legislative experiment with the introduction of digital innovation

    An economic breakthrough in our country will be possible only if the state reduces the burden on business and reconsiders its demands on it, Prime Minister Dmitry Medvedev said. During the plenary discussion at the Gaidar Forum, the Prime Minister noted that there are more than 9,000 regulatory legal acts in Russia that contain mandatory business requirements. Moreover, many of them were created in the USSR and outdated morally and technologically.

    In this regard, the mechanism of the “regulatory guillotine” is considered, which consists in a large-scale analysis and revision of existing regulatory legal acts (NLA). In essence, it is assumed that the provisions of acts containing mandatory requirements will automatically lose their force if they are not specifically revised, confirmed or changed. It is assumed that the need to maintain the existing restrictions and requirements must be proven by the relevant authorities. According to Medvedev, by February 1, 2020, all requirements for entrepreneurs can be revised to reflect current realities.

    In the context of this idea, the Ministry of Economic Development of Russia has developed a draft law on regulatory sandboxes for innovation in the field of digital technologies. The document defines the goals and principles for creating such sandboxes, imposes restrictions on their use, and establishes guarantees for the rights and legitimate interests of all participants in experimental legal regimes (EPR) and those who will interact with them. It is assumed that such a mechanism will lead to a real reduction in the time and other costs of introducing innovative products of the digital economy.

    Full text of the bill .

    The experimental legal regime is primarily intended for testing digital innovations in such areas as big data, blockchains, neurotechnologies and AI, quantum technologies and robotics, wireless communication and virtual (+ augmented) reality, etc. This approach should accelerate the introduction of innovations, constrained by the current imperfect legislation, thanks to the lifting of restrictions and other encumbrances established by various LAs.

    In the explanatory note, the concept of “digital innovation” is defined as “a new tool using digital processes, resources and services based on big data technologies, neurotechnologies and artificial intelligence, a distributed registry system (blockchain), quantum technologies, new production technologies, industrial Internet, components robotics and sensory technologies, wireless technologies, virtual and augmented realities and other technologies that are reflected in the legal acts of the Russian Federation as relating to digital m or to the digital economy; A new system of such means or a new form of using such an existing means / system of funds. ”

    The authors of the document hope that the new law will allow those who are engaged in the development and implementation of digital innovations to put them into practice and test the real usefulness in the face of lifting legislative restrictions and burdens without risking punishment for their violation. At the same time, the ERP is voluntary in nature, and does not give participants of such sandboxes any relief for taxes and obligatory payments. Also, all the requirements of the legislation of the Russian Federation on the prevention of money laundering and terrorist financing remain in force.

    Any legal entity, individual entrepreneur, executive authorities and local administrations can become participants in the experimental legal regime. At the same time, the maximum period for which it can be established is 3 years.

    Of course, there are areas in which such experiments are unacceptable. Therefore, areas where EPR cannot be applied are clearly defined: defense, security, domestic and foreign affairs, prevention of emergency situations and liquidation of consequences of natural disasters, activities of the National Guard troops, execution of punishments, legal proceedings, and some others. At the same time, the President and the Government can manage restrictions on the scope of application of the EAF.

    It is also planned to establish a coordinating body authorized for EPR issues and to appoint a regulatory body. On the financial market, the Central Bank can become such a regulator. The EPR will be managed by a public law company, and a registry will be created with data on all sandboxes and projects in them. The regulator will also be involved in reviewing applicants' programs for inclusion in the EAF, monitoring their activities and evaluating results.

    Thus, the EPR bill is one of the “first signs” of a new vision in the rule-making industry of Russia. Hopefully, this bill will be adopted, its results will be really positive and this practice will be transferred to other sectors of the economy.

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