Marina Pantikina

The paper shows the difference between the interpretation of the law time as the legalization of the conditions of action of the different legal rules and legal understanding of time as a prerequisite for the emancipation of the legal consciousness. The latter interpretation is developing the mainstream phenomenological methodology, especially the constitutive analysis. As a result, the traditional view of legal time complemented by a characteristic of a temporality, which is found in the experience of justice. Thus passive syntheses using time perspective of the justice to find the reason the stability of the existence of I, its inclusion in the synchronization process and discipline produced the "official" legal time. Active synthesis focused on the constitution of the new and shaping of old meanings, "revolutionizing" of justice, and I experienced legal time is becoming ever more intense. Wherein legal I do not identify with the dominant stability, and with expectations actualization of its the existence. That is why I am committed to “modernize” that it is included in the prospects for the existence of the other people.

There paper attempts to resolve the traditional dispute between supporters of legal positivism and natural law about what axiological foundation of the law is dominant rectitude or law. The author analyzes the classical theories of the rectitude; offers a solution to the dilemma in line with non-classical understanding by phenomenology of the law. As a result, it is concluded that that justice is a way of being human that assigned himself obligation of a reasonable self-regulation. Unconditional recognition of the worth and the normal justice is estimated as more rigid imperative than the law as a collection of regulatory output.

The article is devoted to theoretical and practical problems of implementation of standards of the model law. The author states that the solution to these problems should be based on the description of contradic-tions and the establishment of differences in opportunities of application of the model law in individual states must be accompanied by the introduction of judicial interpretation with consideration of existing legal values.