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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 8, No 4 (2021)
View or download the full issue PDF
 
517-518 20

RESEARCH ARTICLES 

519-545 44
Abstract

Experiential learning approach in legal education is a global influential trend. Legal clinics is one of the most obvious examples of including experiential learning approach into the educational curriculum for law students. The main educational value of legal clinics is a providing training opportunity for students to apply their legal knowledge and skills in professional simulations like role plays of interviewing, counselling, negotiations, mock trials (first instance hearing) and moot courts (appeal hearing). These type of training programs allow law students to test their ability to client-oriented and problem-solving. The Russian legal clinics community has been actively developing since the mid of 1990s for more than 30 years. More than 100 Law Schools over Russia have own legal clinics. Clinicians overview their experience and share this experience between clinicians community. At the same time only relevantly small part of law students have access to effective training of legal skills because of various reasons, but mostly because of relevantly small number of legal educators who use the experiential-learning approach. Transition of experiential-learning best practices into online format is a good tool of scaling the number of students who could be trained in legal skills significantly. The paper describes the collection of unsupervised online learning modules devoted to legal skills, including case strategy, interviewing, counselling, legal writing and trial skills. These unsupervised online learning modules are developed based on modern instructional approaches to developing of online educational courses. The piloting of the unsupervised online learning modules demonstrates that these modules might be used as a supplementary educational tool and as a part of main educational curriculum for law students.

546-572 44
Abstract

This article presents theoretical and practical aspects of the use of modern technologies to promote the rights of persons with disabilities as participants in criminal proceedings. In this context, modern technologies are considered as means of compensatory nature. These technologies help persons with disabilities to become active participants in criminal procedural legal relations and independently exercise their rights and perform duties in the field of criminal proceedings. Through the use of modern technologies, persons with disabilities can level their position in relation to other participants in criminal proceedings who are active subjects of criminal procedural legal relations, and can independently exercise their rights and perform their duties. This is part of the compensatory approach that should be implemented in criminal proceedings in order to compensate persons with disabilities for the restrictions that they have due to circumstances beyond their control. The social vulnerability of individual members of society should be compensated by the state in the person of the legislator and further implemented by state bodies such as law enforcement officers. This is the essence of the compensatory approach. One can note the importance of this approach for observing human rights and building the rule of law and a welfare state in countries that view themselves as democratic. This is also important for improving the quality of international legal acts that introduce a standard for all States, members of the world community. In this connection, it is proposed to develop at the international level the direction of using the achievements of modern science and technology as means of compensatory nature, to equalize the legal status of persons with disabilities participating in criminal proceedings. As a general conclusion, a proposal is made to extend the compensatory approach not only to the field of criminal procedure, but also to the entire legal sphere, both in the norms of international law and national legislation.

573-601 91
Abstract

This article provides a comparative analysis of the legal regulation of labor migration in regional integration organizations: the European Communities (ECs) and the Eurasian Economic Union (EAEU). Methodologically, we argue that a synchronous comparison of the European Union (EU) in its current shape and the EAEU is rather inadequate and draw on a diachronic comparison of labor migration regulation in the EAEU and the ECs. On the one hand, we identify a number of important differences. We show, in particular, that while regulatory mechanisms in the EEC aimed at stimulating new migration flows, in the post-Soviet space mechanisms of regional migration governance provide the existing migration flows with an appropriate normative framework. We also show that in the case of the EAEU, the founding Treaty provided for a number of essential social rights for workers from EAEU Member States, whereas in the EEC these rights appeared at a much later stage. Regulation of labor migration in the EEC and the EAEU also differs in terms of distribution of competencies in this area between national and Community / Union levels. On the other hand, we also find a number of similarities, which hint at dynamics of policy learning. This is, in particular, evident in the development of mechanisms aimed at protection of migrants’ rights. This is also the case of the Agreement on pensions for workers of the EAEU member states, which seems to borrow from the EU experience opting for coordination of Member States’ retirement systems instead of their unification. Overall, some of EEC/EU ‘best practices’ have contributed to important positive developments in the regulation of intra-Union labor migration in the EAEU.

ARTICLES 

602-625 49
Abstract

The paper research is on free movement of people at the Eurasian Economic Union (EAEU). It introduces the main components of the EAEU’s free mobility regime, its promises and challenges. The author argues that the free movement of people regimes are not similar and respond to different needs and origins. Trying to answer, if free movement of people in the EAEU Treaty is the EU Model, the author discovers that in fact, the EAEU’s scheme finds its roots in regional treaties signed and developed in the post-Soviet space in the 1990s. The paper has a discussion on the challenges of implementation and interpretation and situates them within a larger global panorama of regional free mobility schemes beyond the EU. Conclusions are made with some thoughts and suggestions for future research, also in light of the general closure of borders during the COVID-19 pandemic. This paper offers different insights on the free movement of workers at EAEU level. It has identified how the EU cannot really be considered as a model on several key aspects, notably the absence of the principle of non-discrimination enshrined in the Treaty and the lack of a secure residence status beyond the conclusion of an employment agreement. Researchers will need to continue to measure and investigate its implementation and the effects the free movement regime has in the inclusion of EAEU workers. More research will also be needed in light of the closure of borders during the pandemic and the effects that might have in the near future on the EAEU’s free movement regime.

626-646 59
Abstract

The article focuses on the need for the development of emotional intelligence as the most important quality of professional competence of a future legal specialist, manifested in personality-oriented activities. The authors provide an in-depth analysis of the literature on the topic and describe the results of their empirical research that reveals the level of emotional intelligence of law school students. The results obtained allow us to conclude that the development of emotional intelligence denotes the ability to be aware of one’s emotions, recognize the emotions of other people, manage their emotional states, allow a law student not only to successfully adapt to environmental conditions, constructively build interpersonal interaction, but also effectively manage difficult life situations, to successfully cope with various life difficulties. The listed qualities then become the basis of his successful professional activity. Current terms of remote study process and work create new challenges for testing the emotional intelligence. The authors suggest ways of solving the problem of emotional intelligence development in modern conditions.

647-667 35
Abstract

The paper deals with the problem of interrelation between two research programs — logic and jurisprudence — from antiquity to the present. Traditional logic has created and developed the Great Triad “Concept — Judgment — Inference” that has become an educational and methodological canon of humanitarian knowledge and education in general and legal knowledge and legal education in particular. The doctrine of the concept, the doctrine of judgment, the doctrine of inference (more precisely, the doctrine of proof) are essentially used in legal proceedings, law-making, and law enforcement. The author resorts to modern achievements of the theory and technology of scientific knowledge as a research methodology. Logical knowledge itself appears in the form of methodology. Under this approach, any science, both natural and humanitarian, necessarily defines its conceptual corpus. Any science, creating its own description of the subject area, uses theoretical provisions in the form of a set of theses and arguments expressed by judgments. Any science substantiates its vision of the world using a system of evidence. All these properties are subject to and correspond to the subject of logics taught in every law school in the context of legal logics or logics for lawyers. The place of logic in the framework of legal education is considered as a hierarchy of problems of the relation between the phenomena of “the logical” and “the legal” within the framework of the world-historical process, the relation between the phenomena of “the logical” and “the legal” within the framework of domestic history and domestic education system before 1917, i.e., before the overthrow of the monarchy and the establishment of the Soviet power, the relation between the phenomena of “the legal” and “the logical” in Soviet and post-Soviet history, creation of an education system, including legal education, in our country and the development of the logical science and logical education at Kutafin Moscow State Law University. The uniqueness of the study is associated with the use of the Transcript of the All-Soviet Meeting of Logic Teachers of Higher Educational Institutions held on June 21–26, 1948 in Moscow discovered and introduced into scientific circulation by the author of the paper. The result of the study proves the special importance of logic for lawyers as a reliable tool in situations of lawmaking, law enforcement and interpretation of legal norms.

668-689 32
Abstract

The paper analyzes the evolution and changes involving clinical legal education (CLE) in Belarus. The author tends to create a historical overview of the 22 years’ experience of clinical legal education in Belarus. It will be possible to answer some questions mostly based on the inside view and 12 years of clinical experience with goals to bring some inspiration in a global context and to leave a mark on history. It focused on the new role embraced by legal clinics in Belarus and contribution to the creation of a new formation of legal practitioners. Additionally, the author shares the technological insights about clinical legal education. Thinking about the future it is important to make an overview of achievements and opportunities of going forwards. There is a great number of opportunities to implement clinical methodology to both academic studies and professional training. The research problem addressed in this paper is to substantiate the most effective forms and methods of teaching law disciplines both in Russian and in English in a law school in the context of introduction of digital forms of learning into traditional educational environment of a law school. The author carries out an analytical review of law clinics in historical perspective and how the work of law clinics is implemented in both academic curricula and professional training in Belarus.

690-712 36
Abstract

The research problem addressed in this paper is to substantiate the most optimal forms and methods of teaching the law disciplines both in Russian and in English in a law school in the context of the introduction of digital forms of learning into traditional educational environment of a law school. The research applies the methods of the concept of professional training in advocacy. Professional training in advocacy is one of the practice-oriented areas of advocacy that includes the methodology of training students in a law school covering the statistical method, systematic method, historical and legal method, method of participatory observation, method of analysis and synthesis. The paper describes new areas of work and new opportunities that have become available to students in 2020–2021, including new master’s programs and additional in-person and online courses of students’ practice-oriented training. The paper examines how students of Kutafin Moscow State Law University (MSAL) can acquire necessary knowledge and practice skills in order to pass the qualification examination for the status of an advocate and be able to practice law in the Russian Federation and abroad. The authors of the paper believe that the development of digital technologies has made it possible to move to a qualitatively new level of teaching. Along with classical teaching methods, the faculty have started implementing digital technologies in the learning process, focusing on practice-oriented types of work, including practice-oriented projects. A partial transition to distance learning has contributed to creation and development of the common educational environment that will enable international cooperation in student education and development of other digital environments, such as an integrated information system for the Russian Advocacy as well.

713-730 43
Abstract

This paper aims to provide in-depth analysis of legal education in Bulgaria since it is of paramount significance for the creation of well-trained lawyers for the state, local authorities, as well as the judicial system. The historical method was used to examine the system of the Bulgarian legal education that has been developing for about 130 years and has gone through numerous difficulties.

The comparative and juxtaposition approach were utilsed in the research to help in making inferences about the present situation regarding legal education in Bulgaria. Now there are nine law schools that deepen international co-operation and adapt their curricula to respond to the changes in national and European legislation.

It takes five years to receive a legal education in Bulgaria and the process ends with a Master’s degree in Law (LLM). There is no Bachelor degree in Law (LLB in other European countries) in our country.

All in all, the main objective of this article is to look at the Bulgarian legal education in the past and nowadays. The paper attempts to show that legal education in Bulgaria is faced with diverse challenges of the new millennium. The process of globalization as well as the recent situation with COVID-19 make it necessary to add information technologies and distant learning forms to legal education.



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