Vol 21, No 1 (2017)

Trying situation in U.S law system characterized of searching responsibility of U.S. Supreme Court for modern signs of crisis. The role of interpretation strengthening continuously and are research’s object. The value of this theme is in investigation of U.S. Supreme Court judicial review too. In this article author are considered interpretation as a function but not official power in accordance with text of U.S. Constitution. Practice and court opinions also investigated. Author of this article researches normative basis for interpretation: constitutional principles and other constitutional text, with amendments, constitutional precedents, and sources out of law (moral, policy, economic etc.) In the 20-th century interpretation function always provided development of American law and accommodation to new social and economic conditions too as first method. Now “extualism” and “originalism” and “judicial restraints” as main interpretivism conceptions dominated amidst of current Justices as new method. On the one side the contradiction between the two methods is danger of stability American law. On the other side two different views to interpretation is permanent long-term attribute. To speak more generally and in accordance the author’s opinion to review and change the results of historic interpretation is impossible.

Author analyzes the legal status of “Bukharans”, i.e. immigrants to Russia from the Central Asia who took out citizenship of the Russian Empire or constantly arrived for trading, This category of population began to form already at the first half of the 17th c. And during the 18th-19th cc. they had numerous advantages and privileges as were the principal mediators in relations of Russia with Central Asian states. So, they had tax immunity, liberation from the military service and other duties, right to establish own municipal structures (city councils and districts - volosty ). Also they had own courts acted on the base of Islamic and customary law and were put on imperial trial only in special cases. Bukharans also were not forced to convert to Christianity although this action was welcomed by Russian authorities and there were not any limitations because their Islamic religion. Some privileges were established also for Bukharans who traveled to Russia as traders (using Russian guards for caravans, possibility to marry Russian subjects and take them to Bukhara, etc.). Then the importance of Bukharans in relations of Russia and Central Asia decreased and it was reflected on diminution of their privileges: the taxes were levied upon them and, at last, Bukharans were equated to non-Russian imperial subjects ( inorodtsy ) with all their rights and obligations. But this policy was gradual and all measures of the Russian authorities were explained for Bukharans in special legal acts. The policy of imperial authorities towards Bukharans is analyzed on the base of the Complete Collection of the Laws of the Russian Empire.

At present moment many ideas on improvement of the activities of mechanisms of universal human rights system are put forward. The creation of the world court of human rights is regarded as one of the most ambitious among these ideas. It is supposed that the establishment of this judicial body would solve difficulties facing this system, including its main component - human rights treaty body system. However, it seems that this suggestion should be taken carefully, since it is crucial to avoid decrease in the effectiveness of the work of the universal human rights system in the result of the changes that would be brought to its activities by the creation of world court of human rights. In this respect in frames of this article the author analyses the proposal of creation of world court of human rights in order to determine its advantages and disadvantages in terms of its capability to enhance effectiveness of functioning of universal human rights system, including human rights treaty bodies. The author identifies key stages in the history of formation of this idea, paying special attention to its development in the context of the process of strengthening the human rights treaty body system as well as determines and critically analyses the main arguments justifying the necessity and effectiveness of creation of world court of human rights. On the basis of the analysis, the author, using arguments of conceptual and practical character, justifies the futility of this initiative at present stage of development of universal human rights system. Considering that the non-amendment of the legal foundations of the functioning of the human rights treaty bodies constitutes the basic requirement of the ongoing treaty body strengthening process, a more effective, than the creation of world court of human rights, mechanism of improving the human rights treaty body system is proposed. This mechanism provides the adoption of measures targeted at strengthening the procedures of the human rights treaty bodies, improving the quality of their recommendations in terms of argumentation and legal clarity. Such an approach is more flexible and has chances to get more support on the side of the treaty bodies themselves, who consider the issues of their competence being most sensitive, as well as on the side of the States Parties.

The present paper is devoted to a study of the legal regulation of the relations in the gas industry of India and RSA. In the first instance the author represents the overall survey of the state of the gas industry in these countries and perspectives of its development. He finds out that they have a lot in common. Both do not have considerable gas reserves, at the same time the demand for the resource is higher than production in the State. However, the Governments endeavor to develop proper production and not to import the gas, to which end the reforms of the legal regulation were undertaken. The present research is accented on the legal sources of regulation in that domain and the role of the international law. In the article the detailed analysis is made on legal regulation of activities of exploration, production of natural gas, on its transportation, distribution, commercialization, import-export activity in India and in RSA. In conclusion the author resumes the results of the comparative legal analysis, estimating the models of regulation, pointing out their weaknesses and possible treatment for its correction. The researcher comes to conclusion that in RSA the clear, comprehensible, codified legislation was elaborated. In the meantime, in India it is not the legislation which was changed but the sub legislative acts. In both States the special regulators were established. Notwithstanding the proclamed policy of deregulation of gas industry in India no unbundling measures were undertaken. The legislation of RSA in its turn foresee the measures of restriction of the abuse of dominant position by vertically integrated companies: the activity should be undertaken with the usage of separate bank accounts, the cross subsidization is forebeeden. If in India in the domain of the gas production the supple form - product sharing agreements is used, in RSA - the license. In both countries there is a State regulation of tarifs, transportation, storage, distribution and gas supply are perfomed in virtue of license. In India the right to acces to transport system is secured only in respect of the one third of the transport capacities. In spite of unsystematicity of indian approach to the regulation unlike RSA this State has reached more significant results: more explorations works were undertaken, more gas is produced.

After many years of deadlock, the local government is looking for further development in the Russian Federation. Some results have been achieved on the development of local government in more than twenties years under Russian conditions. However, there is some controversy of public policy for local government and also there is the mixed approach of realization of public policy at all levels of public authority. In this case the State policy must be built on the understanding that the local government is the basis for creation of civil society in Russia and it is a “locomotive” of the democratic and legal development. The article analyses the issue of improvement of the local government and proposes systematic tools of its development through the policies of the government. Improving the legal framework for local government in the 2014-2016. It has made certain adjustments to the solution of practical problems of municipal practices. The legal basis of local self-government at both the federal and regional levels are characterized by sufficiently developed and in general allow us to solve the challenges facing local government. In order to ensure stability of legislation, further changes should be primarily competence in nature. Particular attention should be given to further clarify the powers of local authorities in sectoral legislation, such as the exclusion of functions unusual for local authorities, the coordination of local government powers to local issues, the list of issues of local importance of rural settlements, taking into account emerging in the regions of the Russian Federation, sustainable approaches to their complement ), as well as the operating time of the positive powers of redistribution practices. Of particular note is the problem of citizen participation in local government, where the key potential has territorial self-government. Despite the unevenness of development in different regions, TOS is an effective tool for engaging citizens in local self-government, improve the activity of the inhabitants. However, in the long term in the legislative resolution of other issues need arising at a local level and are part of the state policy in the sphere of local self-government in terms of further transformation of Russia's political system.

The present paper is the review of the monograph “Constitutional reform in today's context” written by Academician of the Russian Academy of Science, Vice-President of the Russian Academy of Science, Doctor of Law, Professor, Director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Honored Lawyer of the Russian Federation Talia Y. Khabrieva. This monograph has appeared in 2016, it sets out to dedicate to the modern lessons learned in the constitutional reform area. The review contains a high level assessment of the relevance and research in the monograph. In the opinion of the author of the present review, the monograph should be viewed as a theoretical foundation for comparative legal research in various fields of science of public law.