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Перспективы и ограничения использования технологии «подталкивания» (nudge) в правовом регулировании
The nudge technology is associated with the developments of behavioural economics and mainly with the attitude towards subjects (addressees of legal regulation) as irrational actors. Behavioural economists identify a number of cognitive errors that affect human behaviour: over-optimism, hindsight error, loss aversion, self-control problem, availability heuristic, etc. By exploiting these cognitive constraints, the law can affect behaviour of persons in the necessary direction by applying dispositive rather than coercive mechanisms (e. g. presumptions and discounts on payment of fines). However, the use of nudge in the system of legal regulation is currently not systematic and scientifically substantiated. Furthermore, the nudge technology has been criticised for being unethical, ineffective, politically untenable and violating the freedom of individuals. While the current criticism of nudge is valid, it does not provide sufficient grounds for rejecting the practice of nudge per se. It seems appropriate to use nudge in legal regulation as a tool that has proven to be effective.