Model of legal regulation of clusters in the Russian Federation

• Published in: Russian Journal of Economics and Law 2024-03, Vol.18 (1), p.121-133
• Main Author: Gromova, E. A.
• Format: Article
• Language: English
• Subjects: cluster policy; clusters; digital economy; entrepreneurial activity; innovation clusters; special economic zones
• ISSN: 2782-2923
• DOI: 10.21202/2782-2923.2024.1.121-133

Objective: to create a model of legal regulation of clusters in the Russian Federation. Methods: historical method, formal-legal analysis, statistical and sociological methods, systematization, comparative-legal method, methods of legal modeling and forecasting. Results: based on the analysis of scientific literature, Russian and foreign legislation and legal practice, the paper formulates the definition of a “cluster” concept (a group of business entities (suppliers, manufacturers, etc.) located on the territory of a special economic zone, operating in a certain sphere, producing and/or carrying out complementary goods, works, services), defines its features and types, and identifies the models of incentive legal regimes: (a) “model of derogations” – EPR model; b) “model of guarantees” – model of a legal regime stimulating entrepreneurial activity in the field of digital innovations and technologies in the PPP (MPP) framework; c) “model of support” – model of a legal regime stimulating entrepreneurial activity of SMEs in the field of digital innovations and technologies; d) “model of preferences” – model of a legal regime stimulating entrepreneurial activity within the boundaries of territories and entities with high innovation potential. The author proposes to create a unified legal regime of cluster and cluster activity in the Russian Federation by developing and adopting a relevant federal law and amending the legislation on special economic zones. Scientific novelty: the article is the first to carry out a comprehensive comparative legal analysis of clusters and cluster policy, their legal regulation in Russia and foreign countries. Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the legal regulation of clusters and cluster policy in Russia and foreign countries, as well as legal regimes stimulating entrepreneurial activity in the field of digital innovation and technology.