DOI: 10.7256/2409-7136.2015.12.1756

Abstract: The subject of the study is the method of lawmaking experiment, considered from various viewpoints, particularly, lawmaking experiment as a method of cognition and a method of legal regulation. The author denotes the role of experiment as a scientific method. The article emphasizes the fact that the sense of lawmaking experiment lies in the combination of methods of practical and theoretical, sensual and rational; therefore, the process of experiment unites a complex system of interactions of a mixed nature. The author concludes that the experiment, possessing specific features, can be considered both as a method of cognition and as a method of legal regulation in the context of its function of settling relations on a particular territory and in a particular time period. The object of the research is social relations, emerging during experiments. The author applies general scientific and special methods of cognition, including the dialectical approach to the objective reality cognition. For revealing the essence of experiment the author uses the existing philosophical ideas about the notion “experiment” and the definitions from jurisprudence, related to the method of legal regulation, lawmaking and legal method. The author also applies general scientific methods, including analysis, synthesis, deduction and induction, generalization, abstraction, extrapolation, the systems approach and others. The author concludes that there is no universally recognized definition of the notion “lawmaking experiment method” in the modern jurisprudence. The author states that traditional theoretical and methodological approaches to the understanding of the process of lawmaking experiment as a method not always can help form the adequate theoretical models, conforming with the current state of law. Lawmaking experiment has common features with the practice; it influences the society, helps transform it; law doesn’t merely determine the content of such an experiment, it serves as its important component, a basis. The lawmaking experiment method is also an instrument of legal relations efficiency increase; its use helps choosing the most perspective variant of a lawmaking decision. The cognitive function of lawmaking experiment consists of sub-functions, including the prognostic, analytical and etiological functions. On the other hand, the orientation towards the legal regulation is not only the most important function of lawmaking experiment, but also its integral characteristic. The methods and mechanisms of lawmaking experiment don’t merely study a particular legal problem, but influence the legal institutions of the state, executing legal regulation; don’t only study legal relations, but also regulate them, thus performing the dynamics of legal relations; the orientation towards legal regulation is at the same time the most important function and an integral characteristic of lawmaking experiment. Lawmaking experiment can be considered as one of the methods of lawmaking, since lawmaking experiment should be based on the fulfillment of the following task: formation of a perfect legal model by means of influencing the subject of the study. Lawmaking experiment can also be considered as a specific element of the mechanism of legal regulation of social relations. The need for the various understandings of lawmaking experiment will help attract the attention of the subjects of the experiment, the scholars and theorists to this legal method’s impact on the Russian law. 

DOI: 10.7256/2409-8728.2015.2.14636

Abstract: The article deals with the genesis and nature of the experimental method from the perspective of the philosophy of law. The author points out the two distinct values of the experimental method in jurisprudence. The article also offers the author's definition of the experimental method applied to the experimental lawmaking.

DOI: 10.7256/2305-9699.2014.7.12688

Abstract: The object of studies involves experimental law-making process in Russia, its definition, characteristic features, legal nature, elements, and its main stages: preparation, holding and analyzing the results of the law-making experiment. The author pays special attention to experimental legislative process from various standpoints, providing his own definition of "experimental law-making process" in its broad and narrow meanings. The object of studies involves social relations appearing in the process of organization, holding and analyzing the results of law-making experiments. The author used general and specific scientific methods, as well as special cognition methods. The studies are based upon the dialectic approach towards cognition of the objective reality, which defines theoretical and methodological aspects of cognition of experimental law-making. In order to reveal the nature of experimental law-making process the author used the philosophical knowledge on the term "process", as well as legal definitions involving legal process. The author applied  general scientific methods, such as analysis and synthesis, deduction and induction, generalization, abstraction, extrapolation, systemic approach, hermeneutic approach, etc. For example, with the use of synthesis as a method the author established correlation between experimental law-making process and legal process, allowing to define the legal aspect of the matter. Systemic approach was involved as a basis for the studies of law-making experiments in the components of legal system of Russia, and to be more specific, in the process of describing the stages of experimental law-making process, using the law-making experiment in Kemerovo region as an example.   Among the special legal cognition methods applied in this article one should mention formal legal, structural functional methods, and the method of legal interpretation. There exist certain directions of legal process, and their specific features were not yet studied in Russia. Specifically, these involve experimental law-making process. Experimental law-making process is a complicated and comprehensive term by its nature. The question of legal nature of experimental law-making process is debatable, since the legal nature of legal process is ambiguous, and experimental law-making process is a type of legal process. Experimental law-making process is a procedural form of turning legal ideal models of law-making experiment into the real system of legal relations united by a common goal. In the broadest sense experimental law-making process is a complex and multi-aspect term characterizing the combination of all of the legal forms of activities of state bodies and other competent subjects, which is related to taking certain legally valuable actions in the sphere of law-making experiments  within a procedure defined by law. In the end, it causes legal consequence - the legal hypothesis is verified.  In its narrow sense, experimental law-making process is a generalizing term characterizing duly legally regulated procedure for experimental activities, as well as the activities of bodies (services, officials) on preparing, holding and analyzing the results of law-making experiment. The main stages of experimental law-making experiment are 1) preparation for the law-making experiment, 2) holding law-making experiment; 3) analyzing results of the law-making experiment.