Smart Technologies in Lawmaking: Towards the Concept of Smart Regulation

Abstract

Purpose: The paper distinguishes between closely related yet not identical concepts related to the development of an optimal legal policy in modern developed economies: less regulation, better regulation, and smart regulation.Design/Methodology/Approach: The work is based on comparing smart regulation as an academic construct and as a regulatory practice in combination with other approaches to managing regulatory impact. Modern methods of smart regulation are assessed from the perspective of their consistency with the concept of "smart" which is conventionally used with regard to different instruments/technological devices (such devices consume less resources, while opening up more opportunities).Findings: In consequence of the research, the author concludes that smart regulation: (1) saves regulatory instruments (intervenes only where appropriate and to the extent necessary); (2) does not rely on own resources, exerting influence at different levels, engaging any actors whose involvement may help in achieving the objective, as surrogate regulators; (3) does not rely on the intelligence of the regulator, requiring smooth systematic interaction of all parties to the regulatory process during the improvement of the norm; (4) uses a set of different means, including those that are not traditionally considered to be strictly legal;(5) relies on experiments and the need for continuous testing of various combinations of regulatory instruments in search of the most effective combination of them; (6) includes all the progress made in other legal regulation concepts (less regulation, better regulation), but unlike them, it shifts the emphasis from the regulatory process to its outcome in an attempt to understand what exactly is preventing from obtaining it and to achieve it in the least onerous way.Originality/Value: To exemplify the instruments that are capable of addressing the problem in a pinpoint way, the paper presents the combination of command and control regulation with voluntarism and information strategies, nudging, regulatory sandboxes, digitization and automation of the processes of interaction between the participant of legal relations with the State. The success of these instruments depends largely on providing the opportunity to display initiative, to bring a sense of free will, not to subordinate a person to the will of the State, but to form a cooperative relationship that would be much less resource-consuming, more productive and reasonable.

A Agilidade Organizacional e a Difusão de Inovação Tecnológica das Empresas Cleantech

“…In order for OA to boost DTI, with the aim of obtaining CV it is necessary to have the following concepts that emerged in the data analysis process: a Digital Transformation in cleantech organizations Vial (2021), as well as a Smart Regulation of the electricity market (Davydova & Makarov, 2020;Gunningham & Sinclar, 2017;Van Gossum, Arts & Verheyen, 2010) followed by the adoption of new Agile Culture Values in recruitment and selection to join people with the same mentality and cultural harmony (Felipe, Roldán, Leal-Rodríguez, 2017).…”

Driving Competitive Advantage in Cleantech Companies: A Model of Smart Regulation, Organizational Agility, and Technological Innovation

“…In order for OA to boost DTI, with the aim of obtaining CV it is necessary to have the following concepts that emerged in the data analysis process: a Digital Transformation in cleantech organizations Vial (2021), as well as a Smart Regulation of the electricity market (Davydova & Makarov, 2020;Gunningham & Sinclar, 2017;Van Gossum, Arts & Verheyen, 2010) followed by the adoption of new Agile Culture Values in recruitment and selection to join people with the same mentality and cultural harmony (Felipe, Roldán, Leal-Rodríguez, 2017).…”

The use of the term compliance in order to improve the efficiency of companies

“…The formal legal, comparative, functional, linguistic methods were used in the study. The authors in their article, analyzing the use of the term "compliance" in the social and legal sphere, have also relied on the work of such researchers as Davydova [1,2], Filimonova [3], Makarov [4], who use in their works such a method as linguistic. In addition to the above, the authors of the works have turned to scientific studies, which analyzed such services as tourism, education, as well as the sphere of public services, implemented using digital technologies [5], Public Services in the Modern Russian State and Digital World.…”