Kutafin Law Review

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Vol 7, No 2 (2020)
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147-182 580

The paper provides an overview of different legal approaches to structuring contractual relations based on blockchain technology. The author considers the USA experience of building blockchainoriented contractual relations to be cutting-edge legal solutions. The paper introduces the concept of a Simple Agreement for Future Tokens (SAFT). American investment lawyers invented this specific type of contract. SAFT shows the unique contractual solution that allows investors and inventors to form legal, contractual obligations that contradict neither American nor Russian contract law. The complexity of SAFT is also analyzed on the example of several recent blockchain projects and legal cases. The paper provides several approaches to optimizing Russian law and legal doctrine to new technological solutions. Among those are franchise, license, and loan agreements. The emphasis is made on the necessity of the implementation of new technology in the contract formation and amendment. The brief overview of COVID-19 challenges concerning the contract law doctrines of force majeure, hardship, frustration of contract are also analyzed in the scope of the paper’s central hypothesis, namely: blockchain solutions.

183-197 212

This paper is dedicated to the analysis of some problems small business entities face with in the field of public procurement. The field is regulated by laws made by the State. A lot of laws exist that regulate the functioning of small business entities. The laws made by the State to regulate the field of functioning of small business entities and their performance in the field of public procurement are numerous. Made laws are characterized as legal norms that do not comply with each other. The paper contains examples of such rules and shows negative effects for small business entities when they implement the right under consideration in the field of public procurement. The author classifies the issues according to the sector of public procurement and provides case studies concerning such issues including cases from the author’s legal practice. The author makes practical recommendations in the conclusion of the paper.

198-213 160

The paper deals with topical issues of the Russian State System for Prevention and Response to Emergencies in the context of the COVID-19 coronavirus pandemic. Some aspects of a possible legislation reform in the field of protection of the population and territories in emergencies caused by the spread of dangerous infectious diseases are investigated. The authors consider the issues of limiting the constitutional rights and freedoms of citizens in high-alert and emergency situations. Activities to protect the rights and freedoms of citizens in the context of a pandemic are based on article 55 of the Constitution, according to which the rights can be restricted by law only to the extent necessary to protect the health of citizens. Based on the analysis of changes in legislation in this area, the authors substantiate proposals for improving activities in the field of protection of the population and territories in emergencies, as well as expanding the functions of the Security Council of the Russian Federation.

214-244 139

The paper reveals the methodology of conducting a sociological study of the distance learning institutionalization in a law school, describes the main conclusions of an applied study on the effectiveness of implementing digital distance learning technologies in the educational process, traces the relationship between various educational strategies and the success of using digital technologies in new learning environments. The study reveals the factors of successful adaptation of technologies to the needs of students and teachers, analyzes the barriers to institutionalization, and provides recommendations for effective expansion of the use of distance learning technologies. The accuracy of the results of the sociological research is justified by a large sample of the survey, which included more than 1200 respondents, and the typology of respondents into three clusters: teachers, students, and support staff. In each cluster, a typology was carried out, which made it possible to identify different practices of using digital technologies during distance learning. The empirical material was collected in August 2020, which determines the relevance of the conclusions.


245-268 199

In sanctioning administrative violations, the correct adoption of sanctioning forms and remedial measures against administrative violations is strategically vital. There have currently been wide ranges of overlap in the sanctioning forms and remedial measures for the acts “offending the honor and dignity.” This paper analyses the overlap and inconsistency in the sanctioning forms and remedial measures among the decrees concerning the acts “offending the honor and dignity.”

269-292 345

The term “Head of State” means the highest leader of a country. As a result of the difference in political regimes, organizational models and operation of supreme state power, this position is flexibly referred to as President, State President, King, Emperor, or Queen in different countries. In Vietnam, the Head of State is the President. This article analyzes Vietnam’s legal regulations concerning the office of the President.

293-320 229

Sanctioning of administrative violations is considered an effective solution in the struggle and prevention of administrative violations; it includes application of sanction forms, remedial measures with respect to individuals and organizations committing acts of administrative violations which are implemented by the competent persons. Among the sanctions imposed for administrative violations, warning is a special form of sanctions and is commonly applied in the fields of state management. The paper analyzes the theoretical and legal issues about the form of warning sanction in accordance with the Vietnamese law, shows some shortcomings on the regulation of this sanction and makes proposals for improvement.


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ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)