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
ARTIFICIAL INTELLIGENCE, DIGITAL TECHNOLOGIES & DATA GOVERNANCE
Legal controversies pertaining to the use of copyrighted material in artificial intelligence training datasets have been fuelled by the fast development of large language models. The paper explores the complex legal issues resulting from data mining activities and possible copyright violations associated with the training of AI. The paper includes the technological perspective of data mining and training of AI models. Further, the paper deals with the legal challenges, scrutinising whether specific technological methods such as the use of unrecognisable examples, watermarking techniques, machine unlearning, dataset de-duplication, etc., thereby exploring how their application prevents copyright infringement. As original contributions, the paper analyses the theories related to copyright law and evaluates the effectiveness of the aforementioned technological method in fulfilling the objectives of these theories. The paper provides an original framework of assessment of copyright issues in AI training datasets, by contrasting systems in the EU, U.S., and India. It reveals regulatory loopholes in the copyright law in India and suggests a hybridized approach to Indian copyright law, the Fair Learning Doctrine that combines the concepts of transformative use and proportionality. The paper adopts a doctrinal and analytical approach, analysing case laws, statutory interpretation, and technological literature to assess the relationship between AI and copyright vis-à-vis training of AI model.
This article analyses the approaches of the European Union, the United States, and the Russian Federation to the legal regulation of the development and deployment of AI foundation models. Drawing on regulatory approaches reflected in the EU Artificial Intelligence Act, U.S. Executive Order 14110, the NIST AI Risk Management Framework, and relevant legal acts of the Russian Federation, it shows that legal regulation is primarily based on the classification of models according to their capabilities and associated risks.
Based on the findings derived from an analysis of the legal and ethical regulations in the Russian Federation, the study concludes that there are no specific rules dedicated to the development and deployment of foundation models.
To address this regulatory gap, the article formulates recommendations for policymakers in the Russian Federation. In particular, it proposes that foundation models be classified into two groups based on the computational resources required for their training. The first group includes models that do not pose significant risks, while the second group includes the most advanced models with potentially hazardous capabilities.
The proposed approach may contribute to the safe and secure development and deployment of foundation models in the Russian Federation by enabling a differentiated regulatory framework that takes into account their potential impact on human rights.
The paper is dedicated to the comparative analysis of legal regulations on the protection of personal data in the Republic of Azerbaijan, with reference to the European Union framework. The purpose of this research is to identify the gaps and shortcomings in the legislative framework of the Republic of Azerbaijan by comparatively analyzing the key concepts and principles in the field of personal data protection, the area of application of normative acts, the rights of data subjects, applicable administrative and legal sanctions for data protection breaches, and the effectiveness of institutional control mechanisms. For this purpose, formal legal and comparative analysis, as well as various scientific research methods, including the doctrinal method are used. The Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan “On Personal Data” and other related normative documents have been analyzed. By using this approach, the research achieved its principal goal, specifically to conduct a comparative analysis between the two legal systems. Although the normative framework for the protection of personal data in Azerbaijan meets modern requirements, reforms are needed to increase data subjects’ rights, deepen legal compliance, tighten sanctions, and establish a central control mechanism to enhance regulatory coherence with reference to the GDPR as a comprehensive and functionally developed regulatory framework. In this context, the paper emphasizes the obligation to ensure full compliance of the legislation on the protection of personal data in the Republic of Azerbaijan with the GDPR and presents recommendations and conclusions for its development by using the experience of the European Union. The proposals prepared based on the results obtained have practical importance for increasing the effectiveness of the personal data protection mechanism.
The development of digital justice is a global trend. At the initial stage of introducing digital technologies, States demonstrated noticeable restraint due to the specific nature of the administration of justice. However, over time, these technologies have proven their reliability and are now being actively integrated into law enforcement practice. The complexity of digitalizing criminal proceedings lies in the need for a comprehensive and systemic approach that takes into account technical, legal, organizational, and socio-humanitarian issues. This branch of law faces the greatest resistance to digital technologies, as it is here that fundamental human rights may be most significantly affected. Nevertheless, the gradual adaptation of society to the automation of legal matters is reducing distrust, transforming digital justice from an intimidating unknown into a comprehensible tool for ensuring legal certainty. Within the professional legal community and among participants in the judicial process, a generational shift is taking place: a new generation, accustomed to digitalization, is replacing those used to paper-based bureaucracy. It must be acknowledged that the digitalization of criminal proceedings is inevitable; however, technological progress is outpacing the doctrinal understanding of the changing nature of justice, creating a conflict between functional efficiency and classical procedural guarantees.
The object of the research is the social relations that arise during the application of digital technologies at the judicial stages of criminal proceedings. The subject of the research encompasses the norms of foreign and domestic legislation regulating electronic document management, remote participation in court sessions, and the use of artificial intelligence elements in judicial decision-making. The aim of this work is to conduct a comparative analysis of foreign experience in the digitalization of criminal proceedings at the judicial stages. The methodological basis of the study includes general scientific methods (analysis, synthesis, induction) and specific legal methods, primarily the comparative legal method, which allowed for a comparison of approaches to digitalization in 15 post-Soviet countries (as a group with a common Soviet legacy) and 18 leading countries in the development of e-government.
INTERNATIONAL INVESTMENT, OVER-THE-COUNTER DERIVATIVES & RESOLUTION OF ECONOMIC DISPUTES
Bilateral Investment Treaties (BITs) serve as a crucial foundation for investment protection; however, the rapid expansion of maritime investments presents a complex challenge to this established framework. When investors choose to engage in maritime ventures, a thorough understanding of existing investment protection mechanisms particularly through relevant BITs is imperative. It raises a fundamental inquiry: do current BITs effectively establish a coherent and robust protective regime for maritime investments? On the one hand, the current system exhibits a fragmented structure that necessitates examination across four distinct branches of public international law: international investment law, the law of the sea, international environmental law, and international energy law. On the other hand, it is essential to recognize that investment protection must be pursued with due regard for the public interests of the sea. In this study, we conduct a qualitative and quantitative analysis of all BITs concluded by the Russian Federation and Qatar. Our findings indicate that the existing BIT framework is insufficient to address the unique and dual nature of maritime investments that are characterized by both their scattered legal foundations and the necessity for mutual respect between investment interests and maritime benefits. To address these limitations, current paper proposes the creation of a new category of agreements, termed Bilateral Maritime Investment Treaties (BMITs). These treaties would be designed specifically to cater to the intricate dynamics of maritime investments, thereby providing a more comprehensive protective system.
Derivatives are complex financial contracts widely used in today’s securities and commodities markets. Alongside promising speculative gains, they allow exporters, importers, lenders, borrowers and other commercial actors to hedge a range of risks they face in the course of their day-to-day operations. Equally, international commercial arbitration has become a preferred method of dispute resolution among legal entities and businessmen involved in international trade and commerce. Although being present in on-exchange rules of derivatives trading, arbitration clauses have been in fact neglected by derivative traders for decades. The article argues that this tendency has changed. Derivative traders embraced arbitration to resolve the disputes taking place in the interbank market as well as those occurring between traders and their clients. To justify that claim, the article considers recommendations published by International Swaps and Derivatives Association (ISDA), a private industry organization and a driving force in derivative markets. In addition to harmonization instruments published by ISDA, we also pay attention to standard master agreements proposed by European Banking Federation (EBF). The paper dwells upon a variety of arbitration clauses promoted by ISDA and EBF to maintain that arbitration currently has matched the status that litigation had over the years. The paper also considers the sanctions-related aspects of dispute resolution domain. It argues that arbitration will remain preferred method of dispute resolution despite the introduction of massive sanctions against the Russian Federation.
GOVERNANCE, CONSTITUTIONALISM & PUBLIC POLICY REFORM
The relocation of the state capital to Nusantara Capital City (IKN) raises concerns about political representation. The IKN Authority, which operates at the ministerial level, performs local government functions without a Regional People’s Representative Council (DPRD). This normative legal research analyzes the regulations regarding citizen representation as outlined in Law No. 3 of 2022 and compares these regulations with models from other special regions in Indonesia, as well as the capitals of other countries. The findings indicate that the current institutional design of the IKN is highly centralized under the oversight of the central government, which risks undermining democratic legitimacy. Comparative studies of Canberra and Brussels highlight the necessity for representative mechanisms, both full legislative and semi-legislative, to effectively articulate public aspirations. This study recommends adopting a hybrid model that integrates the supervisory functions of provincial DPRDs or local representative bodies with central authority through structured coordination. This approach aims to establish special regional governance that is adaptive, accountable, and consistent with the principles of constitutional democracy.
Vietnam’s rapid economic development since the 1986 Doi Moi reforms has been shadowed by a persistent and severe air pollution crisis. This review systematically analyzes the nexus between the evolution of Vietnam’s environmental legal framework and corresponding air quality trends over three decades. Despite the progressive development of a comprehensive legislative architecture, culminating in the Law on Environmental Protection 2020, this study reveals a profound disconnect between policy ambition and environmental outcomes. Ambient concentrations of key pollutants, particularly fine particulate matter (PM2.5), remain dangerously high, consistently exceeding both national standards and World Health Organization guidelines by a significant margin, thereby imposing substantial public health and economic burdens. The temporary air quality improvements during Covid-19 lockdowns starkly demonstrated that pollution levels are dictated more by the intensity of economic activity than by the efficacy of existing regulations. This review argues that the central problem is a critical implementation gap, originating not from inadequate laws but from deep-seated, systemic challenges. These include fragmented institutional governance, a de facto prioritization of economic growth over environmental protection, chronically weak enforcement mechanisms, and a constrained space for civil society to ensure accountability. The pattern of repeatedly revising legislation without addressing these foundational issues has created a “legislative treadmill,” giving an illusion of progress while failing to achieve tangible improvements. The analysis concludes that a fundamental paradigm shift from policy formulation to a resolute focus on robust enforcement, institutional reform, and data transparency is imperative for Vietnam to mitigate this environmental crisis and realize its sustainable development goals.
HUMAN TRAFFICKING AS A TRANSNATIONAL CRIME
Human trafficking is an international crime perpetrated by the traffickers for unlawful gain through the heinous act of sex trafficking, forced labor, begging, pornography, forced marriage, removal of organ, etc. Traffickers are using the information technology and online services to facilitate trafficking and to promote sex industry and sex slavery. Several laws and policies have been framed but failed to address the root cause of this menace. This study revisits the existing legal system to unfold the changing dimensions of Human Trafficking, focusing on the conditions of victims in South Asian Countries. The issues like changing pattern of slavery with changing attitude towards sexuality and gender, growing inequality, economic depressions, migration, sex tourism, etc. has been critically analyzed to address the challenges before the existing legal system coupled with human right responses with legal arguments. The above study is based on analytical study with an empirical insight by incorporating secondary data and advocates in favor of collaborative governance. This paper, drawing on available scientific evidence, validates the hypothesis that the issue must be addressed through a human rights centered approach within a comparative legal framework. It argues that states in the South Asian region have failed to assume the necessary responsibilities and that, since the Covid-19 pandemic, the global polity has been experiencing an unprecedented human crisis. In this context, the social work profession must intensify awareness programs and help ensure the welfare of affected individuals.
ISSN 2713-0533 (Online)





















