Analiza ryzyka prawnego w nowatorskiej działalności eksperymentalnej
Analysis of the Legal Risk in Innovative Experimental Activity

Summary/Abstract: Technical progress is associated with innovative experimental activities that can carry a legal risk. It can be both, an innovative risk, without which there is no progress, as well as the usual risks 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 activity on the basis of 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, it was pointed out the difficulties associated with the determination of the innovative activities area characterized by risk and in accordance with the legal order. After the analysis, it was shown that it is reasonable to introduce an optional institution of extraordinary leniency or to waive the imposition of a penalty against the perpetrator who exceeded the limits of innovation risk. Especially when the overrun will not be large. The issue of the risk of innovation in the context of the responsibility of collective entities was also analysed.

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