Keyword: «legal values»

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.

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.