Analysis of the Legal Risk in Innovative Experimental Activity

Abstract

Technical progress is associated with innovative experimental activities that can carry a legal risk. It can be either an innovative risk, without which there is no progress, or the usual type of risk, which is associated with the operation of new machines, the use of new technologies, or a new approach to solving the problem. The aim of the study is to analyze the risk issues in innovative activities based on existing legal acts and the scientific papers in this area. The research covered the risk category in the course of experimental innovation activities and related criminal liability. Particular attention has been paid to the risk of innovation. In addition, the author points out the difficulties associated with the determining the boundary of the innovative activities where the boundary is in accordance with the legal order. After the analysis, the author shows that it is reasonable to introduce an optional institution of extraordinary leniency or to waive the imposition of a penalty against a perpetrator who exceeds the limits of innovation risk, especially when the overrun is not large. The issue of the risk of innovation in the context of the responsibility of collective entities was also analyzed.