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
NEW FIELDS OF LEGAL REGULATION
The outer space legal acts adopted by the USA and by Luxembourg provide for the rights of natural and juridical persons to use natural resources of celestial bodies. These acts are considered in the context of applicable rules of international law with references to the relevant teachings. General scientific methods of cognition and methods of legal sciences are used. The USA and Luxembourg space legal acts in many aspects correspond to the applicable international law while in some do not. The two States have suggested a new legal approach to the future development of international outer space law that further exacerbates the interstate competition for a more favorable legal environment for private persons to invest in economic activities in outer space. The legal regime of such activities have long been regarded as regulated exclusively on the basis of five general multilateral treaties elaborated within the UN the core of which is the Outer Space Treaty of 1967. The situation has now changed with the separate legal regime of outer space activities promoted by the USA and Luxembourg. Such a “parallel” legal regime while creating a favorable environment for investments by individuals and non-governmental entities in the development of the natural resources of celestial bodies, has at the same time negative legal consequences for the community of States as a whole: the USA and Luxembourg pursue a separate policy aimed at revising the universal international outer space law according to which the exploration and use of celestial bodies are the “province of all mankind”.
Contemporary geopolitical and economic transformations necessitate the establishment of alternative payment systems as a critical issue on the international agenda. The modern challenges arising in international trade and economic relations encourage discussions regarding the feasibility of adopting new payment methods, including the use of cryptocurrencies and digital financial assets in cross-border transactions. In this regard, payment systems play a pivotal infrastructural role, ensuring the stability of international economic relations in cross-border transactions. Furthermore, the legal frameworks governing the operation of any international payment system must take into account the nuances of the national legislation of the participating States, especially with respect to permissible payment methods, means of payment, and the payment systems administration. A concerted initiative to align the legal systems of BRICS Member States, as well as the regulatory frameworks essential for the functioning of payment systems and cross-border settlements within BRICS, should be pursued simultaneously with, if not prior to, the technological and infrastructural developments associated with the implementation of these systems. Following a thorough analysis of the legal framework surrounding international payment systems, financial information exchange systems, and the risks linked to the establishment of the BRICS payment system — including direct competition among BRICS member economies and varying “sanction” statuses — the author concludes that it is prudent to formulate a comprehensive international agreement that considers the essential requirements of the national legal systems of the participating countries. Furthermore, the author argues that particular attention should be paid to the issues surrounding the potential use of cryptocurrency (either existing or specifically created for the purposes of BRICS Pay). The author provides a rationale for the endorsement of a treaty that would authorize cryptocurrency transactions within the BRICS Pay framework, subject to the regulation of the central banks of the Member States.
This article provides an overview of AI and its application in law. Artificial intelligence is revolutionising various sectors, including the legal industry. As AI becomes increasingly sophisticated and autonomous, questions arise regarding the future of the criminal justice system in the midst of these machina sapiens (intelligent machines) and homo sapiens (human beings). This article addresses such questions and tries to provide an overview of AI and its use within the law. This article deals with the intersection of human beings, law, and technology for the administration of justice. It also explores the benefits and challenges of using AI in law and discusses the legal and ethical implications of AI adoption in the legal system. Additionally, it looks at possible AI-enabled crime in the future and closely explores the national and international responses to it. It also offers suggestions for researchers, lawyers, and legislators on how to minimise the hazards associated with AI while maximising its potential. Finally, this article concludes by examining how artificial intelligence (AI) will continue to influence and change the legal sector.
MODERN TRENDS IN REGULATING JUDICIAL ACTIVITIES: RUSSIAN EXPERIENCE
The paper analyzes the notions “court protection effectiveness” and “access to justice” in civil cases, as well as the balance between them. The study established that court protection accessibility is the key for effective justice; however, the accessibility does not guarantee effectiveness. Moreover, there were revealed objective and subjective circumstances influencing achieving civil litigation goals in the context of justice effectiveness. Subjective factors encumbering receipt of the court protection of violated rights are circumstances depending on the plaintiff. In some instances, a goal of judicial recourse cannot be achieved because of plaintiff’s bona fide ignorance. Objective preclusions do not depend on the plaintiff though sometimes are created by courts. The authors studied indicators, conditions, assessment criteria, guarantees of court protection effectiveness, alongside with characteristics of the latter. There was made a conclusion that the most significant characteristics of court protection are the following: timely case consideration; rationality of procedural activities by the court and interested persons; procedural economy; validity, relevancy, equitableness of a trial court decision; its stability and consistency with higher courts position within the principle of legal certainty; court decision enforceability. There have been worked out ways to improve legislation that are aimed at optimizing implementation of the right to judicial recourse and receiving effective court protection. Some of the most significant ways are stimulation of mediation through offering relief for the payment of state duty, implementing criteria for admissibility of complaints, as well as criteria for admissibility of limitation of the right to judicial recourse.
The aim of the study is to demonstrate that the digital transformation of society and the state affects the legal mechanism that ensures the independence and impartiality of the jury, while the internal elements of this mechanism largely lose their effectiveness. The legal mechanism for ensuring the independence and impartiality of jurors includes internal (implemented within the procedural framework of the consideration of a criminal case) and external (implemented outside the framework of the consideration of a criminal case) elements. The internal elements of this mechanism include: the possibility of changing the territorial jurisdiction of a criminal case; questioning potential jurors during voir dire; the possibility to declare the bias of the jury, etc. External elements of the legal mechanism ensuring the independence and impartiality of the jury include: maintaining the secrecy of jurors’ personal data; a complicated form of bringing jurors to criminal liability and applying criminal procedural coercion measures to them; the existence of criminal liability for threats and violence against jurors; the possibility of applying state protection measures to jurors. Under the influence of digital transformation a number of problems appear in the jury trial, that provoke risks for the independence and impartiality of jurors: digital “surveillance” of jurors; digital “investigation” of the case by jurors; digital influence on the jury and the expression of opinions by jurors in the digital environment. The paper considers approaches to solving these problems and offers recommendations for changing legislative regulation and adjusting judicial practice.
NATIONAL PROBLEMS OF LEGAL REGULATION
The c onstitutionalism movement aims to organize a society under the rule of law to protect the human person. For that purpose, constitutions usually establish several mechanisms of checks and balances. However, contemporary authoritarian tendencies refrain from resorting to disruptive institutional changes. Latin American autocrats, in general, no longer seek to implement a constitutional design that aligns with their agenda or aspirations to remain in power. Instead, they aim to use the institutional forms of liberal constitutionalism to undermine the core of democracy. Those autocratic tendencies perform their powers as wolves in sheep’s clothing. This kind of manoeuvre has come to be known as “abusive constitutionalism” and is probably one of the greatest threats to the democratic consolidation of the region. In this article, we will examine three cases of abusive constitutionalism — Argentina, Venezuela, and Peru — where some of the three branches of government respected institutional procedures but undermined one of the core foundations of constitutional democracy: judicial independence.
The research paper examines the pervasive issue of corruption in public procurement in Albania, highlighting its detrimental impact on the economy and the integrity of state institutions. Through a comprehensive analysis, the study identifies various forms of corruption prevalent in public procurement, including manipulated offers, bribery, and favoritism, and quantifies the economic losses attributed to these illegal practices. The paper delves into the legal framework governing public procurement, particularly focusing on the criminal offenses outlined in the Albanian Criminal Code, including Art. 258, which addresses the violation of equality among participants in tenders and public auctions. The study elucidates the role of the Special Structure against Corruption (SPAK) in combating corruption and the challenges faced in effectively prosecuting these offenses. The findings underscore the need for robust strategies to enhance transparency, accountability, and enforcement mechanisms within the procurement sector. Furthermore, the research proposes several recommendations aimed at improving the legal framework, increasing auditing capabilities, and fostering collaboration between enforcement authorities and civil society to curb corruption in public procurement. Ultimately, the study emphasizes the necessity for ongoing reforms to ensure the integrity and effectiveness of Albania’s public procurement system in alignment with European Union standards.
Climate change is a pressing global issue with profound consequences for life, health, and livelihoods. Its impacts — ranging from floods and droughts to saltwater intrusion — have displaced countless individuals, intensified geopolitical conflicts, and underscored the urgent need for nations to ensure equitable and efficient management of shared resources. At the same time, efforts must focus on mitigating climate change adverse effects and safeguarding human rights, particularly for vulnerable populations.
This study focuses on the Mekong River Basin (MRB), a region significantly impacted by climate change and human-induced pressures. It critically evaluates gaps in international legal frameworks designed to protect human rights within the basin and identifies key shortcomings in addressing the needs of vulnerable groups, including marginalized communities and displaced populations.
ASEAN, which includes five MRB countries — Cambodia, Laos, Myanmar, Thailand, and Vietnam — is argued to play a pivotal role in facilitating dialogue on cross-border water management in the MRB. Through its regional partnership framework, ASEAN provides a platform for these countries and China, a major stakeholder in the basin, to engage in discussions aimed at achieving sustainable water resource governance. By fostering collaboration and mutual understanding, ASEAN helps to align national policies with regional objectives, promoting shared responsibility for equitable and efficient resource use.
This research offers strategies and actionable solutions to strengthen regional cooperation and foster inclusive policymaking. It advocates for an integrated approach to climate adaptation that prioritizes the rights and well-being of vulnerable groups. Ultimately, the findings highlight the urgency of addressing legal and institutional gaps to ensure a sustainable and equitable future for the MRB and its inhabitants.
ROLE OF RELIGIONS IN RESOLVING DISPUTES
With effective and informal crisis-management options like mediation emerging over time, nations around the globe have also adapted to it. Despite this, contemporary conflicts in a global setting are extremely layered and diplomatic encouragement is the key to resolving such disputes at the onset. This task requires a deep understanding of the versatility and nuances of how diverse each nation is. Whether it is a dispute between India and Pakistan or the US and China, putting together the pieces of such diversity reveals the cross-cultural differences within and between nations. These differences may pose a hindrance to preventive diplomacy and, in turn, to diplomatic mediation as well. Harmonizing such intercommunal relations requires tapping into the ancient wisdom popular to that nation. The way to do this is by tracing the origins of dispute resolution in ancient scriptures and consequently reaffirming its relevance in the modern day. Various scriptures, including the Bible, Quran, and Bhagavad Gita, reveal a common emphasis on peace and harmony as the solution to dispute resolution. This information from history can serve as a guide to effective diplomatic mediation in the present.
The paper examines the role of the Russian Orthodox Church in mediating marital and family disputes in pre-revolutionary Russia, emphasizing the perspective of canonists on reconciliation as the cornerstone of family stability. By exploring this transitional period in Russian history, the study reveals the Church’s influence on resolving familial conflicts prior to the advent of the Soviet regime. An analysis of archival documents from the State Archive of the Russian Federation (Fund R3431), particularly the minutes and transcripts of the 1918 Synod sessions addressing the grounds for dissolution of church marriages, highlights significant unresolved issues in church law regarding marriage and family matters during the pre-revolutionary period. With the rise of the Soviet regime, the previously strict legal framework allowed us to identify the key issues of marriage and family in the church law that were calling for a solution but received no relevant and timely response in the pre-revolutionary period. With the establishment of the Soviet regime, strict laws that viewed marriage as “one’s cross to bear” and family life as an “ordeal”, patriarchal traditions that negatively perceived the idea of marriage dissolution, were replaced in the Soviet period by freedom of both marriage and its dissolution. The author highlights that with the decline of religious foundations in traditional family structures, the role of mediation practices employed by Soviet courts in resolving marital and family disputes gained prominence. In particular, the study explores the social and ideological factors that influenced the evolution of mediation procedures within the context of family dispute resolution during the formative years of communist ideology and the establishment of the socialist family model. The introduction of previously inaccessible archival sources from the State Archive of the Russian Federation (Fund R9474) that provide a comprehensive analysis of the application of the Fundamentals of Legislation of the USSR and Union Republics on Marriage and Family has enabled the identification of distinctive characteristics of mediation practices during the Soviet period.
The paper is devoted to the analysis of the Kutafin Law Review (KuLawR) journal as a potentially significant resource for the library industry, which is experiencing a shortage of specialized academic legal publications. The paper examines the scientometric indicators of the KuLawR (indexing in Scopus, and Google Scholar), its thematic focus (digitalization of law, intellectual property, and open access) and their intersection with the problems of the library sector. Special attention is paid to the journal’s potential for publishing research at the intersection of jurisprudence and library science, which could contribute to the development of legal regulation of library activities. The analysis positions the Kutafin Law Review as a significant interdisciplinary platform that bridges legal and library sciences. Future research trajectories include a detailed webometric analysis of the Journal’s international audience, a systematic examination of review articles, and developing methodologies to assess the impact of publications on library practices. Overall, the Kutafin Law Review holds significant potential for advancing library science research, fostering dialogue between lawyers and librarians, and enhancing intellectual sovereignty through legal regulation of digital library resources.
ISSN 2713-0533 (Online)