Governance

Experimental Legal Regime (ELR)

Time‑limited legal regime for testing digital innovations.

How the laws define this

All four instruments establish that an experimental legal regime is a temporary, special regulatory framework permitting controlled exemptions, adaptations, or deviations from standard legal norms to test, develop, and implement new digital technologies that existing laws inadequately cover. These frameworks systematically remove legal barriers to assess novel solutions under modified rules. However, the instruments diverge on technology focus and geographic constraints. Federal Law N 123-FZ limits its scope specifically to artificial intelligence technologies for participants within Moscow. In contrast, Federal Law No. 258-FZ and Federal Law N 169-FZ encompass digital innovations generally, while the Tatarstan Autonomous Vehicle ELR Program applies Federal Law No. 258-FZ to autonomous vehicle testing. Geographically, Federal Law No. 258-FZ, Federal Law N 123-FZ, and the Tatarstan program explicitly mandate a defined territory, whereas Federal Law N 169-FZ defines the regime as a regulatory sandbox to gather practical experience without explicitly specifying territorial limits.

Synthesised from the 4 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
RussiaFederal Law on Experimental Legal Regimes in the Sphere of Digital Innovations (Federal Law No. 258-FZ)In Force (Amended)Emphasizes territorial and temporal limits, eligible participants, safeguards, monitoring, and extension/termination conditions, providing a comprehensive framework for ELRs.
Moscow, RussiaFederal Law No. 123-FZ of April 24, 2020 "On carrying out experiment on establishment of special regulation for the purpose of creation of necessary conditions for development and deployment of technologies of artificial intelligence in the subject of the Russian Federation - the federal city of Moscow, about features of processing of personal data when forming regional structures of data and provisions of access to regional structures of data and introduction of amendments to articles 6 and 10 of the Federal law 'About Personal Data'"In Force (Amended)Focuses on AI technologies specifically in Moscow, with adaptations for personal data processing during the experiment.
Tatarstan, RussiaTatarstan Autonomous Vehicle Experimental Legal Regime (ELR) ProgramIn ForceApplies to autonomous vehicles in Tatarstan, highlighting a specific use case under the federal framework.
RussiaFederal Law No. 169-FZ of July 8, 2024 "On Amendments to the Federal Law "On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation""In ForceIntroduces mandatory civil liability insurance and incident handling rules for AI in ELRs, streamlining approvals.

Definitions (4)

A special, time-limited legal regime established for a defined territory that permits participants to develop, deploy, or sell goods, services, or technologies under temporary exemptions from specific regulatory requirements to enable testing of innovations not adequately covered by existing law. ELRs specify geographic and temporal scope, eligible participants, required safeguards, monitoring obligations, and conditions for extension or termination.

A temporary, specially tailored regulatory regime applied during the experiment to participants within Moscow for the purpose of creating conditions for development, testing, and deployment of AI technologies and for possible subsequent use of results; it permits specific regulatory adaptations and exemptions for the experiment's duration.

A special regulatory environment established for a defined period and territory, allowing for the development, testing, and implementation of digital innovations under specific, often relaxed or modified, legal norms, as per Federal Law No. 258-FZ. This concept is designed to overcome regulatory barriers that might otherwise impede the rapid progress of new technologies.

An experimental legal regime is a temporary regulatory sandbox established to facilitate the testing and implementation of new digital technologies and services that might otherwise be hindered by existing legal frameworks. It permits controlled deviations from standard legal norms to gather practical experience and assess the impact of novel digital solutions.

Not to be confused with

Special Regulation

Special regulation refers to the modified norms within ELRs, whereas ELR is the overarching temporary regime enabling such deviations.

Innovation Sandbox

Innovation sandbox is a broader term for testing environments, while ELR is specifically a time-limited legal regime under Russian law.

Questions and answers

What is required for an ELR in Russia?

ELRs involve a time-limited regime with defined territory, exemptions from regulations, eligible participants, safeguards, monitoring, and conditions for extension or termination, as per Federal Law No. 258-FZ.

Does the Moscow AI ELR affect data processing?

Yes, it modifies personal data processing rules for AI development, testing, and deployment in Moscow.

What new rules apply to AI ELRs after 2024 amendments?

Mandates civil liability insurance, incident handling, and streamlined approvals for digital innovations.