从公共管理自由裁量权和公共管理决策到法律创新的工程设计、测试和应用

M. Degtyarev
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摘要

这篇文章专门讨论了关于法律创新的工程、测试和应用的管理决策的重要性和复杂性。作者认为,法律创新和法律-数字创新的许多问题都归结于其功能-目标负载的模糊性、确认其是否真正需要的高难度以及预测其实施的极端困难。正是这一点,使得通过适当的管理决策变得更加复杂。关于法律创新的管理决策,由于其中蕴含着管理者自由裁量权的基石,因此总是需要对其采纳承担高度的责任。作者指出,在法律创新领域的操作活动和相应的创新过程管理方面,并没有公认的统一方式。但有一些通用的管理原则和要求是可以在这一领域推广的。作者证实,尽管私人市场法律部门和公共管理部门之间存在着巨大差异,但在就法律创新和数字创新的开发、测试和实施做出决策时,公共机构的负责人和商业公司的负责人都处于相似的条件下。作者在文章中阐述了时间资源的问题,客观上,作为 "法律创新 "提出的东西要真正成为法律创新和良好的法律创新,需要时间资源。作者认为,法律创新不是一个一蹴而就的过程,也不是一次性的现象,而是在做出适当的管理决策时的一种负责任的自由裁量权--它在客观上总是耗费时间的。作者提出了这样一个问题:任何创新,尤其是法律创新,都有自己的生命周期,在生命周期结束时,它就会超越自己,耗尽创新的潜力。虽然有些法律创新已经转化为法律公理和传统的法律日常工具。但无论如何,我们在谈论法律创新时,不能脱离时间、时间的流逝、时间的刻度。作者宣称这篇文章提出了一个科学问题,但同时作者也从概念上回答了其中的一些问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Public Management Discretion and Public Management Decision to Engineering, Testing and Application of Legal Innovations
The article is devoted to the topic of the significance and complexity of the managerial decision on the engineering, testing and application of legal innovations. In the author’s opinion, many problems of legal and legal-digital innovation are reduced to the ambiguity of their functional-target load and very high difficulty of confirming that they are really needed, to the extreme difficulty of predicting their implementation. And it is this that complicates the adoption of an appropriate managerial decision. Managerial decision on legal innovations, due to the crystallization of the substrate of managerial discretion in it, always entails a high responsibility for its adoption. The author points out that there are no unified generally recognized ways of operating activities in the field of legal innovation and management of the corresponding innovation process. But there are some general management principles and requirements that are quite transferable to this sphere. The author substantiates that with all the significant differences between the private market legal sector and the public administration sector, in making a decision on the development, testing and implementation of legal and securing legal and digital innovations, both managers — the head of a public authority and the head of a commercial firm — are placed in similar conditions. The author in his article articulates the problem of time resource, objectively required for what is presented as a “legal innovation” to really become a legal innovation and a good legal innovation. According to the author, legal innovation is not a quick process, and it is not a one-time phenomenon, but a responsible discretion in making the appropriate managerial decision — it is always objectively time-consuming. The author raises the question that any innovation, and legal innovation in particular, has its own life cycle, at the end of which it outlives itself, exhausts its potential for innovation. Although there are legal innovations that have transformed into legal axiomatics and traditional legal everyday tools. But in any case, we talk about legal innovations without disconnecting from time, from its flow, from the notches on its scale. The author declares the article as posing a scientific problem, but at the same time the author offers a conceptual answer to some of such questions.
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