The concept of «smart regulation» in the context of ideas of the rule of law: controversial problems of modern development

The article is devoted to the study of debatable aspects of the relationship between the concept of «smart regulation» that is actively developing at the present time and the ideas of the rule of law. In this context, various aspects of the development of relevant views are explored, taking into account the socio-historical and political and legal features of the emergence and development of the ideas of «smart regulation», the differentiation of continental European and Anglo-American approaches to the interpretation of legal statehood (rule of law), as well as differences its formal and substantive concepts. Based on the results of the study, the author highlights the main problems of the theoretical compatibility of the ideas under consideration, draws conclusions about their possible practical consequences. At the same time, the paper also highlights the promising «points of contact» of «smart regulation» and a number of conceptual elements of the theory of the rule of law, further study of which, in the author's opinion, can lead to a synthesis of the relevant areas of political and legal thought.