It seems that the authorities have listened to complaints from businesses about inconvenient laws and adopted a law on experimental legal regimes in the field of digital innovation (Federal Law No. 258-FZ of July 31, 2020). In essence, the state is telling us: “Do you dislike the current regulation? Okay, come up with your own laws that suit you. We will make them mandatory for you and others for a while and see how they work. If the experiment goes well, then we will turn your idea into a full-fledged law, obligatory for everyone. "
Let's consider who will be more comfortable with the new law and what are its features.
Go!
- What is an experimental legal regime? What about digital innovation?
An experimental legal regime (EPR) is when, for the purposes of an experiment, an earlier adopted law (or part of it) ceases to apply and new rules begin to operate. EPR will be introduced for a limited period in certain sectors of the economy and, possibly, in a certain area. Experimental regulation will be mandatory only for those who themselves want it.
Digital innovations are new or significantly improved products (goods, services, etc.), processes or methods used in business, created using innovative technologies. A more detailed description will be given by the Government of the Russian Federation and the Central Bank.
- And what, anyone can come up with any laws, and they will begin to act?
Of course not. State agencies and local governments, legal entities and individual entrepreneurs can initiate the introduction of EPR. Ordinary citizens are not empowered to propose innovations.
In addition, legal entities and individual entrepreneurs must also:
- pay all taxes on time,
- have no criminal record (individual entrepreneurs - themselves, legal entities - from managers),
- not be in the process of liquidation and not have initiated bankruptcy proceedings,
- be Russian organizations, and not have offshore companies as founders.
EPR should only be introduced instead of such laws that significantly complicate the use of digital innovations. And also EPR can be introduced only in certain areas of the economy.
- What areas of the economy are we talking about?
EPR can introduce new regulation only in the following areas:
- medical and pharmaceutical activities;
- design, production and operation of vehicles, certification of their operators, provision of transport and logistics services and organization of transport services;
- Agriculture;
- financial market;
- sale of goods, works, services remotely;
- architectural and construction design, construction, overhaul, reconstruction, demolition of capital construction objects, operation of buildings, structures;
- provision of state and municipal services and implementation of state control (supervision) and municipal control;
- industrial production (industry).
The Russian government may expand this list. And also experiments cannot be extended to the regulation of activities related to state secrets, with goods whose circulation is limited or prohibited. There are other restrictions as well.
- If I have nothing to do with these areas, can I not read further?
No, it's better to read it to the end anyway. And not only because we are pleased when our posts have a lot of views. There is an opinion that "all these experiments of yours will not lead to good." Particularly attentive citizens managed to notice that the Ministry of Economic Development of Russia has developed a draft law, which indicates which legislative prescriptions can be canceled during the experiments. In fact, the law on EPR is only the basis that creates the preconditions for the adoption of a number of laws and regulations that clarify it.
- What legal norms may not apply after the introduction of the EPR?
So attention. Minek proposes to admit the possibility of canceling the following rules:
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- on the territory of the Russian Federation, circulation of medical devices registered in the manner prescribed by the Government of the Russian Federation, the federal executive body authorized by it is permitted (clause 4 of article 38 of the Federal Law "On the basics of protecting the health of citizens").
Once again, to make it clearer: the Ministry of Economic Development wants to allow the abolition of the above rules as part of the introduction of the EPR. It must be admitted that all this can really cause a certain alertness. Could it be that in fact experiments will be performed on people?
Here is a link to the bill . Pay attention to the ratio of likes and dislikes.
- That is, again "they wanted the best, but it turned out, as always"?
It is too early to give a final assessment. We hope that the law will still help the development of those technologies that are now in the "gray zone" of legal regulation (that is, it seems legal, but poorly regulated).
These we would include, at least:
- Artificial Intelligence,
- smart and unmanned vehicles,
- distance education,
- remote identification of the person.
And EPRs could, for example, help the development of IT in legal proceedings and in the fight against the notorious covid. Why - will be lower.
- I know how the laws can be changed. What do I need to do next?
To begin with, wait for the law to come into force (01/28/2021). And then - submit to the authorized body (which one is not yet clear) your proposal to establish the EPR. This proposal, among other things, should describe the proposed new regulation. Then the authorized body will collect the opinions of other interested government agencies, as well as the business community, after which it will give its opinion and send it all to the Government of the Russian Federation. And it will already decide whether to be an experiment or not.
The maximum term for the introduction of EPR is 3 years (but it can be extended for another year).
As a result, the government will consider the results of the experiment and decide whether it is possible to make the experimental regulation generally binding and extend it to everyone.
- How can you become a participant in an experiment initiated by someone else?
If you want the already introduced EPR to apply to you, you will need to submit an application to the authorized body and be ready to meet certain requirements.
- It seems that something similar already exists in Moscow ...
Yes, since July 2020, Federal Law No. 123-FZ dated 24.04.2020 “On conducting an experiment to establish special regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the constituent entity of the Russian Federation - the city of federal significance Moscow and amendments Articles 6 and 10 of the Federal Law "On Personal Data". If anything, this is not a record for the longest title of the law. This is also a sandbox, but only for Moscow and only for the development of AI.
In general, such experiments have been carried out in Russia for a long time, only changes in the law are usually initiated from above, and the idea of No. 258-FZ is, first of all, to hear from business. By the way, among the successful experiments where there was synergy between business and the "top", for example, one can name the initiative of the Ministry of Labor to convert a number of personnel documents into electronic form, which started in 2018.
- And what was the result of the experiments of the Ministry of Labor?
The result of the first experiment is - an electronic work book has appeared, and now many are already switching to it. We do not see the risks of switching to the electronic form of the work book - the information is not of great value for third parties, and the risk of losing / spoiling or having irrelevant information is much greater if the work book is in paper form. The second experiment started in early 2020 and will run until April 2021. If all goes well, as a result, companies will be able to convert not only documents, but also processes into electronic form without legal delay. Thanks to this, organizations, for example, will be able to free up huge areas of personnel archives. If it seems to you that the personnel archive is a couple of rooms in which boxes of documents are stored,then for factories and large corporations such personnel documents usually occupy the volume of an assembly or sports hall.
- And does CROC plan to participate in the EPR experiment?
We have already received inquiries and ideas from the market, in the implementation of which EPR can help. So if our developers or customers need help in drawing up a competent initiative proposal, our legal department is ready to help.
- What ideas did you come up with?
- Court. Currently, Russian law does not allow the use of AI in legal proceedings. At the same time, in legal proceedings, all decisions on the case are made by the judge personally, and before considering the case on the merits, there are a number of procedural steps that the AI could perform itself.
In addition, it was possible to come up with an initiative proposal to speed up the process of replicating the experiment of CROC and the Moscow City Court, which was successfully carried out in May 2020.. . . . . . . . (, , , ). , 30% . — . , . - . () , . , , // .. , , .
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- Fast food. One large fast food chain wants to recognize the faces of customers in the hall in order to control the self-service process, while reducing staff costs. In the end, it should be something like this: the customer comes to the self-service machine, forms an order, in which, for example, a double cappuccino is indicated, and goes to the coffee machine, which pours him only what he paid for. As additional possibilities, they discussed the control of wearing masks so that the machine would not serve people without them. Now the implementation is difficult due to the need to justify that the processing of personal data in this case does not occur.
- So, I have more questions ...
Ask questions in the comments or by mail to earkhipov@croc.ru.