Abstract: The article deals with analysis of specifics of development of the Russian philosophy of law in comparison with the Western philosophical and legal tradition. Sources and nature of these the author finds in effect of Byzantine orthodoxy, causing system–centrist approach to understanding of law as dominant form of spiritual unity of people to individual. The Western philosophy of law uses human–centrist approach, which treats law as form of individual freedom of human being in social life. Attention is paid to attempts of domestic philosophy of law to synthesize these different traditions, having significance for realization of cultural identity by Russia.

Keywords: Russian philosophy of law, system–centrist approach to understanding of law, human rights, human–centrist approach to understanding of law, synthesis of law traditions

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Abstract: Using vast doctrinal material, the author studies formation and utilization of the methodology of comparative law in the historical aspect as well as origination of comparative law theory on it’s basis. The author allocates and describes a number of criteria of comparative law development.

Keywords: comparative law, theory of law, doctrine, criteria, methodology.

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Abstract: Creation of united political union is impossible without economic integration which in its turn requires legal formalization. Legal rapprochement is understood as elimination of differences in national regulation by agreements between the states–members, on the basis of such agreements the uniform conditions of use of various resources in all the states–members are being established. The measures of legal rapprochement are important both for development of the European integration and are an important factor of improvement of national legal systems.

Keywords: law of the European Union; state — members of the European Union; european law; convergence of legis

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Abstract: The method of comparative law as general comparative way of the legal elements examination based on an objective character of its identity and distinction is considered in the article. This method is realized through the comparative relation in the form of new knowledge» which has a possibility to be implement in the form of legal reception. The author analyses such objects as a comparison, the grounds of legal comparison and the conclusion made in the process of comparison. The article is oriented on the experts in the field of the theory and methodology of comparative legal science

Keywords: comparative law, method of comparison, comparative element, legal reception, the grounds of legal comparison, conclusion of comparison, objects of comparison, legal comparativistic

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Abstract: The problem of judicial discretion from the anglo–saxon and continental system of law position is considered in the artice. The concept of judicial discretion is formulated. The essence of judicial discretion in common law and continental law systems is disclosed. Comparative analysis of mentioned events is given

Keywords: judicial discretion; limits of judicial discretion; judicial precedent; interpretation precedent; An

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Abstract: The author highlights main periodizations of the comparative law development, presented in Ukrainian, European and American comparativistic literature. On the ground of their critical revision he argues own periodization, that mirrors so external conditions, political, economical and legal contexts of development of comparative law so its internal evolution, evolution of ideas, research fields, the establishment of scientific schools, institutialization etc.

Keywords: comparative law, comparative jurisprudence, comparative legislation, periodization, scientific school, legal thought, historical school of law, sociologic positivism, Kantian school, Hegel school, civilizationist approach, functionalist approach

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Abstract: The article examines the logical contradictions (aporias) of comparative law functionalism. Special merit of the modern French comparatist P. Legrand to identify these contradictions is emphasized. Significance and consequences of the logical inconsistency of functionalism for comparative–legal methodological discourse in genera is indicated

Keywords: methodology of comparative law, functionalism, aporia, legal thinking

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