The aim of the work is to study the degree of scientific development, current state, main urgent problems and prospects for the development of such an institution of law-making as a legal experiment. Its role and place in the law-making process as one of its integral stages are described, the expediency of its use in the regulatory policy of the state in the field of economic activity is investigated and analyzed, its relevance in the norms of fundamental legislative acts of this area, the basic features and stages of the economic and legal experiment, systemic shortcomings of its conduct and the use of the results are described. The methodological basis of the study in the context of the analysis of the latest methodological approaches to law-making activity is, in particular, system analysis, economic analysis of law, legal engineering on the basis of the theory of creative destruction. The results of the work were obtained on the basis of the analysis of foreign (European) and domestic experience, in connection with which the expediency of introducing this institute and the need for its regulatory and legal support were substantiated. It is proposed to adopt new regulations and amend existing ones. The special importance of the legal experiment in the post-war recovery period of economic development of Ukraine in the conditions of a special legal regime of economic activity in its individual territories and in certain sectors of the economy is emphasized. Its indispensability as an effective means of predicting the effectiveness of legal decisions, their preliminary mandatory approbation in a certain territory with the definition of the procedure, optimization of forces, means and time, which ultimately becomes an effective means of preventing legal voluntarism and avoids mistakes in the law-making process with unpredictable social consequences. Conclusions. The need to introduce into the legal field of the country provisions that provide for the right of the state to apply experimental legislation, the development and adoption by a separate law of the fundamental concepts of the legal experiment with the definition of its purpose and task, principles, legal status of the subject composition, the procedure for preparation and conduct, with the regulation of the features of each of the stages with the definition of criteria for evaluating the result and the procedure for its use, sources and procedure for financing.
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Liashenko et al. (2026) studied this question.
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