Abstract: The subject of this research is the regularities of emergence of the experimental activity within law. The author points out on the existence of certain regularities within law which should be paid attention to in lawmaking. During the course of this work, the author simultaneously addresses two problematic areas: firstly, practical question of the functioning of the experimental activity in Russia – the activity of competent constituents, when takes place the approbation of the proposed innovations aimed at testing the theory; and secondly, a specifically scientific problem on the concept of the notion “regularities of the experimental activity” and the determinants which substantiate it. The object of this research is the public relations emerging in experimental activity. The author gives attention to the causes of experimental activity associated with the establishment of the local self-governance, and its improvement after the adoption of the 1993 Constitution of the Russian Federation. The author suggests an original definition to the notion “regularity of genesis and functioning of the experimental activity”, as well as detects certain determinants of the experimental activity within law.

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.