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
EMERGING TECHNOLOGIES AND LAW
In 2023, the Russian Federation adopted the Concept for the Regulation of the Quantum Communications Industry until 2030. The authors of this article participated in its development. The document emphasizes the necessity of improving both legal and normative-technical regulatory frameworks for activities in this field. The development of an effective legal regulatory system for the quantum communications industry should be preceded by the establishment of a coherent system of technical regulation specific to the quantum sector. From a legal standpoint, key directions for the potential development of the quantum communications industry have been identified. To a large extent, further progress in this area will depend on the determination of a number of technological development trajectories within the sector. The study shows that the system of domestic standards in quantum communications is contradictory and mutually exclusive. Although several standards have been adopted in recent years, their coverage demonstrates the lack of a coordinated standardization plan to meet the priority needs of the industry. The standards for the quantum internet of things adopted in 2023 have not yet found their end users, and the backbone quantum communication lines created and functioning in our country remain without relevant standards. The analysis of foreign experience shows similar problems in other countries and a lack of unambiguous recommendations from international standardization bodies. This has made it possible to justify the need to adopt a roadmap for the standardization of quantum communications and additional domestic standards for quantum communication trunk lines. The article highlights the importance of the participation of domestic experts in the work of international standardization bodies on developing technical documents in the quantum communications field.
The paper examines the principle of transparency in artificial intelligence (AI) regulations in two legal frameworks, namely, the European Union (EU) and China. The study aims to explore how transparency, a key principle for ensuring accountability and fostering trust in AI technologies, is regulated in these two distinct geopolitical environments. Using a comparative legal analysis approach, the paper reviews primary legal documents, scholarly literature, and expert analyses to identify commonalities and divergences in AI transparency regulations. The findings indicate that the EU’s AI Act emphasizes a risk-based approach, categorizing AI systems into high-risk, limited-risk, and minimal-risk categories, with stringent transparency requirements for high-risk systems. These requirements include comprehensive documentation, human oversight, and explainability to ensure that AI systems operate within ethical and legal boundaries. However, the AI Act also holds challenges, particularly for smaller enterprises, in meeting these transparency demands, as well as the technical difficulties in achieving transparency in complex AI models. In contrast, China’s regulatory framework, while similarly focused on transparency, integrates socialist moral and ethical values. The Chinese approach categorizes AI systems based on risk and emphasizes the interpretability and explainability of AI systems to ensure compliance with state-sanctioned moral principles. The findings suggest that while both the EU and China recognize the importance of transparency, their regulatory frameworks reflect broader cultural and political differences. The study concludes that achieving harmonized global AI transparency standards will require ongoing technological innovation, legal refinement, and international cooperation.
ARBITRATION IN PROFESSIONAL SPORTS
This research paper examines the influence of the Court of Arbitration for Sport (CAS) on the structuring of players’ contracts within professional sports. It highlights how CAS rulings shape contractual norms and practices, impacting both players’ rights and clubs’ responsibilities. The analysis includes a review of landmark cases that have set precedents in contract disputes, illustrating the balance between the player autonomy and the club interests. The findings suggest that CAS decisions promote greater transparency and fairness in contract negotiations, also enforcing compliance with regulatory frameworks. Ultimately, the study underscores the evolving role of CAS in fostering a more equitable sporting environment, influencing contract terms related to transfers, salaries, and dispute resolution. This research contributes to a deeper understanding of the legal landscape in sports and its implications for contract management. The research further explores the implications of these rulings on the drafting of contracts, emphasizing the need for clubs to incorporate clearer terms regarding the player conduct, compliance with regulations, and dispute resolution mechanisms. Strategies for mitigating risks associated with contract breaches are also discussed, providing practical insights for clubs and agents. The paper concludes by advocating for an ongoing dialogue between stakeholders to enhance the integrity and effectiveness of contractual agreements in sports. By understanding the impact of CAS decisions, the sports industry can better navigate the complexities of player contracts in an evolving legal landscape.
PUBLIC INTERNATIONAL AND COMPARATIVE LAW
The recurring attacks on energy facilities during armed conflicts raise concerns about the effectiveness of their legal safeguards. The examples provided in the article of assaults on various types of energy infrastructure, including those employing modern means and methods of warfare, highlight the scale and multifaceted nature of this issue. The article identifies the norms of international humanitarian law (IHL) and other branches of international law that are applicable to the protection of energy facilities not only during armed, but also in peacetime. It also examines the rights and responsibilities of various actors under international legal standards in relation to these attacks. The authors have identified gaps and issues in the legal regulation of the protection of energy facilities, as well as proposed legal positions for the improvement of these norms. Key issues identified include the limited definition of “installations and structures containing dangerous forces,” as outlined in the 1977 Additional Protocols to the 1949 Geneva Conventions, the evolving nature of armed conflicts, the blurred lines between wartime and peacetime, the difficulties in applying the principle of distinction between civilian and military targets when planning and assessing attacks on energy facilities. The authors have demonstrated the need to improve the international legal regulation of the protection of energy facilities and have outlined directions for the codification and progressive development of international legal norms. These proposals encompass the expansion of the term “installations and structures containing dangerous forces” as defined in the 1977 Additional Protocols, the establishment of a comprehensive definition of “energy facility” within a universal convention on international energy security, the creation of mechanisms to investigate assaults on energy facilities, and the enforcement of accountability for illegal actions directed at these facilities.
The paper analyzes dispute-resolution practice for European patents and evaluates mechanisms to ensure its uniformity, with emphasis on the functioning of the European Union. The European patent dispute system is complex and involves multiple adjudicative bodies — national courts of contracting states to the European Patent Convention, the European Patent Office’s Boards of Appeal, the Unified Patent Court, and the Court of Justice of the EU — which creates a need for tools to harmonize case law and consolidate European patent law. Using comparative legal analysis and statistical data on Eurasian patent disputes, the study assesses the applicability of European harmonization mechanisms to the Eurasian patent system and concludes that establishing a specialized supranational court for Eurasian patents would currently be premature. The analysis draws on foreign and Russian scholarly literature, national court practice across Europe, and decisions of the Court of Justice of the European Union (CJEU), the European Patent Organization (EPO) and the Court of Intellectual Property Rights.
The article is devoted to the impact of the idealistic concepts of the Antiquity made on the development of concepts of public law dogmatics during European law emergence. The current research is topical both for science (it helps to understand the conceptual framework as well as the way of thinking of those who specialize in public law) and application: the perception of the ideological grounds of public law dogma not only strengthens the relevant institutes of law regulating the public authority, but can also consolidate the legal community as the bearer of a relatively autonomous professional tradition important for the society. As in the early stages of its development dogmatics was mostly private law, the structure of public law in many ways was made of civil constructs and concepts. A new public law identity was shaped only at the end of the 19th century and the fundamental public law borrowings could be avoidable. The article attempts to find out the way the idealistic methodology influences the perception of public law pioneers of the main elements of legal reality, considering the dichotomy of idealistic and material, private and public, positive and natural law. Special attention is paid to the interpretation of the concept of “State” by J. Bluntschli, K. Gerber, O. Gierke and various conceptual approaches to the State (as a mechanism, system, legal entity, construct, etc.) in the theory of public law and order. It is noted that as compared to the representatives of a later developed legal positivism German lawyers trace down “ethical and spiritual contents” of law. The final part of the article is dedicated to the interpretation of legal dogmas as viewed in objective idealism. To solve the tasks set in the article, historical and legal, logical, hermeneutical, dialectical, formal and legal, sociological, theoretical and predictive as well as other methods of cognition are used.
CROSS-BORDER AND DOMESTIC LEGAL CHALLENGES
The paper outlines the prospects and problems surrounding the application of English contract law in Russia in light of the recent development in the social economic environment in Russia. This development has been predominantly influenced by the beginning of the Special Military Operation (the SMO) in February 2022 and by the Western sanction policy that was implemented thereafter. Since the collapse of the Soviet Union in 1991, Russian contract law has been significantly reformed. This has been achieved by the introduction of the principle of freedom of contract and autonomy of will into the Russian legal system in an explicit and detailed manner. As a result, parties to international contracts have widely used the right to choose any national law as applicable to their arrangements. For decades, it has been a common business practice in Russia to subject international contracts, specifically financial deals as well as mergers and acquisition transactions, to English law. This happened because of the unique instruments of English law which did not have any equivalent in Russian law. Due to the high demand for these instruments from the business community, certain amendments were introduced in the Russian Civil Code in 2015. These amendments implemented some contract law instruments which have their origin in English law. Consequently, Russian contract law has become more business oriented. Many international contracts concluded before February 2022, and some contracts concluded thereafter are still regulated by English law. Russian judicial practice proves that application of English law to contracts does not entail application of foreign sanctions and Russian counter-sanctions to the respective contractual relations. These sanctions and counter-measures are not regarded as a part of contract law applicable to contracts. Furthermore, English contract law allows aggrieved parties to successfully protect their interests in cases where their counterparts committed a breach of contract as a result of voluntarily following the sanction policy.
Cross-border insolvency remains one of the most significant yet unresolved challenges within India’s insolvency framework. Despite increasing globalization and India’s expanding integration into the global economy, the country still lacks a comprehensive statutory framework to deal with insolvency cases involving debtors, creditors, and assets across multiple jurisdictions. Currently, India depends mainly on ad hoc measures — most notably the cross-border insolvency protocol approved by the National Company Law Appellate Tribunal (NCLAT) in the 2019 Jet Airways case. While such protocols provide temporary, case-specific relief, they are often time-consuming, costly, and fail to ensure predictability or uniformity. To address the lacunae in the 2016 Insolvency and Bankruptcy Code (IBC), and to regulate cross-border insolvency in India, the Insolvency and Bankruptcy Code (Amendment) Bill (2025) has been introduced in the Lok Sabha (the lower house of Parliament). However, instead of laying down substantive regulatory provisions, the proposed amendment merely delegates the power to the Central Government to frame rules at a later stage, thus leaving this critical gap unresolved. The study addresses these shortcomings by tracing the evolution of cross-border insolvency frameworks and critically examining India’s legislative and judicial approaches both before and after the enactment of the IBC. Through this analysis, the paper identifies the major challenges that hinder India’s adoption of an effective framework, including the limitations of “soft law,” inconsistent international practices, the lack of regional cooperation, and sovereignty concerns. The findings of this article recommend that India adopt a uniform, predictable, and enforceable framework for cross-border insolvency, drawing on the principles of the UNCITRAL Model Law on Cross-Border Insolvency (1997) with necessary modifications to address public-policy concerns. The establishment of such a framework would help mitigate transaction costs, reduce the burden on the judiciary, and at the same time foster greater certainty, procedural efficiency, and confidence among stakeholders. In conclusion, the paper maintains that establishing a stable cross-border insolvency regime is essential for strengthening India’s insolvency framework and positioning the country as a credible player in the global financial system.
The paper presents a comprehensive study of the role of the administrative-legal mechanism in countering corruption within the system of public-law protection of the internal state sovereignty of the Russian Federation. At present, the issues of combating corruption in public administration remain highly relevant and require further research from the perspectives of various legal disciplines. Today, different mechanisms for countering corruption are recognized in the contexts of constitutional law, criminal law, administrative law, civil law, international law, etc. However, the authors argue that in the face of new challenges and threats, the administrative-legal mechanism for countering corruption holds a central role in ensuring the internal state sovereignty of the Russian Federation. It not only predominates among legal mechanisms for preventing corrupt practices within state institutions, but also establishes the necessary conditions for public authorities to successfully carry out the tasks and functions assigned to them to strengthen Russian statehood. The study substantiates the conclusion that the administrative-legal anti-corruption mechanism is most clearly manifested in specialized anti-corruption management forms and methods employed by specially authorized public authorities and officials. The authors emphasize the need for further refinement of this mechanism through a qualitative transformation of anti-corruption forms and methods at both the federal and regional levels of the Russian Federation. Special attention is given to the inherent connection between the administrative-legal anti-corruption mechanism and the public law protection of Russia’s internal state sovereignty. It is impossible to achieve an adequate level of legal protection of national sovereignty under public law without effective functioning of this mechanism.
The study aims to explain a new type of justice in the framework of the attributional approach, which combines the logic of the attribution and the logic of the material preference of the legislator while making a balance between this type and the traditional type — disputed justice that is achieved when applying the national attributive rule of a mechanical nature with rigid and neutral application. Until the use of the concept of objective justice as a corrective means of Iraqi national dispute rules by considering it as an attributive goal, the basis of attributive justice aims not only to reach out to a framework of engaging the legal relationship with a legal system, but also to search for the best result that can be applied to resolve the dispute. Accordingly, this study aims to establish the necessary reform rules from which the legislator will start in the field of Iraqi attributive rules. Therefore, we recommend the Iraqi legislator include the rule of the harmful act as evaluation means, which is one of the most trusted laws, by making several amendments including Art. 19, 22, and 27 of the Civil Code to avoid any legal issues during the trials in the Iraqi courts.
CONSTITUTIONAL LAW REVIEW
Constitutions are dynamic instruments that adapt to changes in society. A family plays a key role in social stability, generation continuity and national development. Worldwide, the constitutions increasingly recognize the family as a particular legal institution that needs state protection. The aim of the review is to make a comparative study of the concept of the family and its protection and support in the national constitutions of seventy countries. The author analyzes how different legal systems define, regulate and implement the right to family life. By means of comparative analysis, the study distinguishes three family models: traditional (marriage-centric), dynamic (with different types of family units) and neutral (protection through universal human rights). This shows that, despite consensus on the balance between traditional values and changing social conditions, there are still significant differences in the legal interpretation of the right to family. The review notes progress in recognizing the right to family life in the constitutions, but the practical implementation also depends on national legislation and legal mechanisms to ensure the family protection and support.
ISSN 2713-0533 (Online)





















