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Kutafin University Law Review

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Vol 7, No 1 (2020)
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PHILOSOPHY AND THEORY OF LAW 

2-25 56
Abstract

Not only is the religion a spiritual belief, but also a general way of life. Traditional religions are questioned for lack of authenticity, and the death of God inevitably leads to the collapse of religion and its value system, which continues to weaken or even dissolve the meaning of the world and the meaning of life, etc. The secularization of religion is characterized by the separation of the transcendental elements of religion from the human knowledge structure or moral system. However, the removing process of religious factors may harm the morality itself. A feasible way is to translate moral elements by means of scientific language and to set the roots of morality within human reason or nature, that is, to find out the rational alternatives of religious ideas that carry morality for a long time. Law is the key element of post-religious society, and the overflow and migration of religious ethics to law will be conductive to create a new perfect order.

THEORETICAL AND APPLIED PROBLEMS OF THE BRANCHES OF LEGAL KNOWLEDGE 

26-44 375
Abstract

In Vietnam, principles for conducting legal proceedings against juveniles, stipulated in the Criminal Procedure Code, are defined as the core idea throughout the whole process of creation and application of criminal procedures against juveniles. These principles help complete criminal procedures to guarantee juveniles' lawful rights and interests; correct limitations of courts as well as ensure compatibility with UNCRC and Law on child protection, care and education. However, in order to implement these principles properly, Vietnam still needs to revise its criminal procedures against juveniles, standardize qualifications of officials and enhance collaboration between its authorities.

MANAGEMENT, POLITICS AND LAW 

45-66 231
Abstract

Extenuating circumstances administrative liability in Vietnamese law are understood as such circumstances related to the determination of sanctioning and the extent of responsibilities towards individuals, organizations which violated administrative law. These circumstances are to alleviate the extent of danger for the society of the violations; therefore, when these circumstances are applied, individuals, organizations violating the administrative law will incur lower legal consequences than normal cases. The paper analyzes the theoretical issues of extenuating circumstances administrative liability in Vietnamese law, points out some shortcomings and provides proposals for improvement.

67-78 82
Abstract

This paper is based on the analysis of transport, counterterrorism and public oversight statues law and common practice, examines legal points of using public oversight for the convenience of the transport counterterrorism safety precautions. Terrorism on transport networks is a problem which may hardly be combated beyond  transport  security,  which,  in  turn,  is  constitutionally and legally grounded in the Russian Federation due to its high importance. For example, Article 71 of the Constitution of the Russian Federation classifies economic development, federal transport and rail transport, defense and security as falling under the jurisdiction of the Russian Federation. Public security protection, social security, environmental security, emergency prevention and response, including in transport services, are classified pursuant to Article 72 of the Constitution as falling under the shared jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

AT THE FOREFRONT OF LEGAL RESEARCH 

79-95 82
Abstract

This paper is a research on using a big data analysis for lawyers, attorneys and law firms. Big data is a new gold — has been noticed in media and many conferences. Today big data is driven by digital transformation. It helps to analyze a huge amount of data, creates opportunities for increasing performance and gets competitive advantage for private and public sector.

A legal regulation of big data is still under the question in many countries. The main aspect and confusion are privacy concerns. Meanwhile, big data analysis actively used by governments, private and public market players. The market offers different legal tech innovations,  software  for  analyzing  big  data  and  methods  that we  review  in  the  article.  Interestingly,  there  are  different  tools and application of big data for lawyers; and this what each legal professional must know.

In this paper we are observing some aspects of using big data analysis for legal ndustry and discussing issues of legal regulation. We provide some practical ways on application of big data analysis for legal professionals. Some insights in this article adopted from author’s previous research made during the study in the Maastricht School of Management based in the Netherlands. The research is partly published in the Second Edition of Global Legal Insights AI, Machine Learning & Big Data in 2020.

96-107 856
Abstract

This paper studies how sport jurisdiction bodies encounter doping cases when they are called upon, hear the parties involved, and decide in the first or second instance on the sanctions imposed. In any case, the attitude of the sports authorities plays a crucial role not only in the implementation of the regulations, the issuance of decisions and therefore the creation of Lex Sportiva, but also in the attitude of the sports community towards doping. The present study is based on the use of interpretive and jurisprudential review as the core of the methodological approach. Then, there is a comparison between the decisions of the National and International Federations, the WADA (World Anti-doping Agency) and the decisions of the CAS. (Arbitration Court for Sports). The research showed how the attitude of the bodies differs not only in the severity of the crises but also in the imposed sanctions. Through CAS decisions, it is clear that as the authority of the bodies increases, so does the rigor they display. In particular, WADA always appears stricter in doping cases and often brings them before CAS demanding stricter sanctions than those already in place. On the other hand, the International Federations often appear less strict, while the national federations often show the most lenient attitude. Furthermore, there is a difference in the decisions and argumentation of CAS, which comes either from the different legal culture of the referees or from the more tolerant interpretation concerning the athlete objective responsibility. In short, it is observed that the treatment of doping cases lacks stability.

108-123 269
Abstract

International cooperation can be understood as competent bodies of the Social Republic of Vietnam and other countries coordinating, supporting each other in investigation, prosecution, adjudication and execution of criminal cases. International cooperation in criminal procedure includes mutual legal assistance in criminal, extradition, receipt and transfer of prisoners and other activities as stipulated in Criminal Procedure Code 2015, international laws on mutual legal assistance and conventions of which the Social Republic of Vietnam is a member.

Child sexual abuse cases in Vietnam and other countries in the world, especially in ASEAN region, have become increasingly complicated. Many Vietnamese children were and have been victims of sex trafficking to foreign countries, a lot of them were fooled by job opportunities and then were sold into prostitution near the border of China, Cambodia, Laos and other Asian countries, namely Malaysia, Korea, Singapore, Taiwan and Thailand... Therefore, prevention of child sexual abuse is an integral task and a top priority of Vietnam currently. Solving child sexual abuse cases consisting of international factors requires Vietnam to have close international cooperation with other countries.

This article focuses on the analysis of the provisions of criminal procedure law and the practical implementation of mutual legal assistance in the process of solving child sexual abuse cases. In addition, the article provides solutions to improve the effectiveness of mutual legal assistance in solving child sexual abuse cases.

HUMAN BEING, SOCIETY, LAW 

124-139 48
Abstract

Buchanan believes that the modern government operates between the Leviathan model and the democracy model, and the role of the Democratic restriction mechanism trusted by the public is increasingly weak. Therefore, a new form of political technology and democracy is required to control the spread of bureaucracy. Hence, Buchanan proposed to put “constitutionalism” before “democracy” and combine “rule restriction” with “non-rule restriction” to realize his constitutional proposition. Buchanan’s constitutional economics is composed of methodological individualism, contractualism and the principle of consensus. This paradigm has standardized and renovated the existing theories of law and politics.

SCIENTIFIC LIFE 



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ISSN 2313-5395 (Print)
ISSN 2410-2059 (Online)