Methodology for Identifying Political Risks in Legal Design Based on a Neoinstitutional Approach

The problem of diagnosing and identifying political risks affecting the work of institutions is a promising scientific direction. The purpose of the article is to use the scientific principles of institutionalism as a methodological basis for investigating the process of identifying political risks in legal design. The analysis led to the following conclusions. The identification and minimization of political risks in the creation of legal norms in the public sector and the business sector is carried out at different levels – at the national level in the fi rst case, and at the level of organizations and corporations in the second case. Forecasting the possible adverse consequences of interaction with the political system for large social groups is necessary for calculating the possible costs of various entities in the implementation of legal regulations. The formal institution of public administration aims to identify and prevent risks to the socio-economic development of the Russian state, including risks arising from the political system. Informal institutional norms shape the activities of participants in social relations. Informal institutional norms that emerge in the interaction of subjects of public administration and business sector with the political system are one of the elements of the process of identifying political risks. Their potential will be realized only if they are preserved by the political system and their creation by these subjects is encouraged. Corporations, legal entities, and civil society participants assess the adverse consequences of their interaction with the political system and treat such interaction as political risk. They try to identify and minimize political risk precisely in the sphere of legal design. Thus, business sector entities themselves determine the meaning of political risk, as well as ways to identify and minimize it. The authors conclude that the study of formal norms and informal rules for identifying political risks at the stage of designing a legal norm both at the state level and in the business sector allows for the harmonization of the interaction of institutions with the political system.