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Kutafin Law Review

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Since 2021, the title of the journal has been changed for “Kutafin Law Review”, although its acronym has been retained (KuLawR).

Kutafin Law Review (KULawR) is an academic peer-reviewed law journal published by Kutafin Moscow State Law University (MSAL). KULawR was established in March 2014 and is currently published four times a year.

We are particularly committed to publishing the academic work, in English, of Academics and Practitioners, for whom English is their non-native language.  The development of skills to work in English in the legal sphere is critical for the modern lawyer.  KuLawR is dedicated to supporting anyone who wishes to develop this.  You will find a positive and warm welcome from our Editorial Team - who will support and guide you through to publication.

We have three types of submissions which we invite you to share with us - full details of which can be found on our Submissions page.  These are full articles, case reports, and book reviews - offering authors three different types of scholarship and three different quantities of material to suit their stage of development in Legal English. 

We very much hope that this message encourages you to get in touch with us, and become one of our esteemed and honoured contributers!  We will be delighted to hear from you.

With every kind wish from all of us at KuLawR and Kutafin Moscow State Law University (MSAL)

Current issue

Vol 12, No 1 (2025)
View or download the full issue PDF

ADDRESSING NEW CHALLENGES

1-18 9
Abstract

Based on the analysis of the main normative documents defining the directions of ensuring national security and development of Russia, the authors substantiate the need to form a strategic program and target document in this area, integrating the tasks of implementing demographic security and family policy of the State. The authors provide their understanding of the content of demographic security, which the authors consider as one of the components of the national security of the Russian Federation. The authors substantiate the conclusion that the main goal of demographic security in the context of modern challenges is to improve demographic indicators through the reproduction of indigenous population of Russia, reflecting an increase in fertility and a decrease in mortality. Russia’s solution to the problem of depopulation is possible only through the implementation of systemic activities aimed at solving the problems of ensuring demographic security, by developing a unified demographic policy aimed at stabilizing the processes of natural reproduction of the population at the expense of the indigenous population, where the family is the basic subject.

19-38 8
Abstract

This paper looks at the influence of the developments in technology on the evolution of the legal map of the world and the individual elements thereof through the prism of the philosophy of law, general theory of law, and comparative law. The analysis is based on the comparative legal and comparative historical methods. The author comes to the conclusion that the maxims of the Fourth Industrial Revolution have led to the emergence of a new legal tradition, and outlines the key characteristics of this tradition. The analysis of the aforementioned tradition is preceded by a look at the legal traditions already explored in the history of legal thought, the key position among which is occupied by the Western legal tradition. The “symptoms” of the new legal tradition described in the paper represent not only a certain stage in the development of global jurisprudence (albeit being at an initial phase), but also an element of the civilizational evolution of a universal social order. Like any previously non-actualized phenomenon, the new legal tradition does not only give new attributes and characteristics to the legal world, but also generates discussions about further paths of its own development. The final section of the paper deals with the problematic areas of the evolution of the new legal tradition.

PROSECUTING INTERNATIONAL CRIMES AND WHITE COLLAR CRIMES

39-62 6
Abstract

The Prosecutor v. Thomas Lubanga’s case remains a notable decision that gave rise to the first reparative justice regime of the Trial Chambers of the International Criminal Court (ICC) on war crimes of child soldiering. In line with the provisions of Art. 75(1) of Rome Statute of International Criminal Court (ICC), this work notes that ICC established several relevant principles related to reparations along with its application. It examines the implications of the evolved principles developed by ICC with respect to their implementation in International Criminal Law (ICL). The article touches on the impediments affecting the court as it relates to the enforcement of the emerged principles. The work argues amongst others that the legal consequences of the slow development of reparations principles under the ICL architecture through case-by-case analysis, unclear definition of collective reparation, large number of victims, unsettled view on causation, large beneficiary factors, financial constraints of the convicted persons, are some challenges facing the development of reparations regime of the ICC. Significantly, the work identified the existing gaps that affect the reparations process. It concludes by making recommendations capable of enhancing the growth of reparations principles in ICL.

63-87 4
Abstract

The study aims to demonstrate that white collar crimes can be prevented by limiting organizational opportunities for such crimes. By employing a situational approach to crime prevention, the research seeks to highlight practical measures businesses can adopt to reduce these opportunities. It explores the 25 techniques proposed by Cornish and Clarke, discussing their implementation within the context of organizational crime prevention. The findings reveal that while situational crime prevention measures are effective in controlling white collar crime, they cannot eradicate it entirely. These measures help to maintain white collar crime within an acceptable range, as complete elimination is unattainable due to the complexity and organized nature of these crimes. This research underscores the importance of a situational approach in white collar crime prevention, providing a systematic framework for reducing crime opportunities. It emphasizes the need for businesses to adopt comprehensive internal controls, ethical guidelines, and awareness programs to mitigate the risk of white collar crimes, contributing to both academic discourse and practical crime prevention strategies in corporate settings.

ESTABLISHING CIVIL LIABILITY AND EQUALITY OF CREDITORS

88-116 4
Abstract

The concept of liability is a key one in jurisprudence. Its universal significance in civil law lies in the ability to monetize negative property results and impose financial consequences on the party involved. In criminal law, it is used to punish the offender. This paper analyzes fault as the most important element of the said legal institution and discusses the role of cause-and-effect relationship. The aim of this publication is to draw a sectoral comparison between important conditions of liability. The developing economic turnover in the Russian Federation requires to ensure the reproduction and multiplication of monetary values. The effectiveness of legal techniques, particularly in establishing fault, constitutes an initial condition for civil liability and cause-and-effect relationship between misconduct and an offence still determines the use of the full range of opportunities provided by law. In criminal law, the fault is a necessary basis for any criminal sanction, including a fine. The paper elucidates the concepts of fault and cause- and-effect relationship as a separate, stand-alone issues important for imposing criminal punishment, and showing the significant difference between these legal categories in civil and criminal law.

117-143 7
Abstract

The paper is devoted to the nature of bankruptcy law as a mechanism for implementing the principle of equality of creditors. This principle assumes that creditors should bear the risk of insolvency of the debtor. This risk is expressed in the proportion of the claim that turns out to be unsatisfied. Bankruptcy law deals with the distribution of the corresponding risk to creditors of different classes. The essence of the relations of the creditors of an insolvent debtor with each other can be understood through the definition of: 1) the subject in relation to which such relations arise; 2) claims of creditors in respect of this subject matter. The subject of relations of creditors with each other is the bankruptcy estate of the debtor, which (and only which) will be used by each of the creditors to obtain satisfaction. The claim to the insolvent debtor to receive satisfaction under the obligation coexists with the claim to other creditors to receive part of the bankruptcy estate. The right of claim arising from the obligation and addressed to the debtor, in the event of the debtor’s insolvency, gives rise to the right to receive part of the bankruptcy estate, addressed to other creditors of the insolvent debtor. However, the lack of the right to claim against the debtor makes the right to a part of the estate addressed to the debtor’s creditors impossible.

THE ART OF ARGUMENTATION

144-169 5
Abstract

The desire to achieve truth is an important feature of the civilization that developed in the territories of the far and near Mediterranean in the 8th-2nd centuries BC and exists nowadays. Law, considered as a description of the essential properties of social reality, has been formed as a system of means that makes it possible to establish in a conflict situation the truth regarding the facts that are subject to assessment by the law enforcer (usually the court). Recently, however, the law’s focus on truth has been questioned as its achievability has been contested in philosophy and rhetoric. The lack of demand for true knowledge, its historicity, difficult achievability, fundamental nature of lies, and the dominance of pseudo-true knowledge are pointed out. It is noted that similar processes are reflected in the legal understanding of truth, which does not negate its fundamental significance for law. At the same time, statements about the impossibility of achieving truth in a dispute are often based on seemingly true, but in fact incorrect statements (so-called argumentative tricks); those can be overcome with the use of rhetoric. A typology of such tricks is given. It is pointed out that classifying tricks as acceptable is incorrect, since they constitute deception, although not prohibited by law. Tricks that go beyond the scope of discussion (tricks of appeal) are considered. Methods are proposed to counter them with rhetoric, which makes it possible to clearly demonstrate the fallacy of the relevant statements and maintain confidence in the possibility of establishing truth in the legal process, which, in turn, ensures the preservation of social justice.

BOOK REVIEW

ACADEMIC EVENTS

194-209 17
Abstract

On 28 November 2024, the First Russia-China Legal Forum was hosted by Kutafin Moscow State Law University (MSAL), marking a significant milestone in the collaboration between the educational and legal communities of Russia and China. The Forum was held under the auspices of 25th International Scientific and Practical Conference “Kutafin Readings” in partnership with 9 leading universities of China, Beijing Office of China Window Consulting Group, Commission on Financial Legislation of the Moscow Branch of the Association of Lawyers of Russia, bringing together prominent legal scholars, practitioners, and government officials from both countries. With the increasing geopolitical and economic interdependence between Russia and China, the need for a robust legal framework to facilitate bilateral educational efforts, trade and investment relationships, and technological advancements has become more pressing. The Forum served as a platform for discussing the legal challenges and opportunities arising from this partnership.



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