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The article focuses on theoretical issues of the substance of mechanisms of im-plementation and defense of human rights in the Russian Federation. The author describes features, forms and structure of both mechanisms. Implementation of the human rights is considered as a form of juridical behavior of authorized persons with the aim to satisfy the human need in the legal order. The author demonstrates that legal relations are the basic element of implementation mechanism. Moreover, the constitutional human rights are the basis for the structure of both mechanisms. The article describes various forms of implementation and defense of rights. The author consecutively distinguishes between “mechanism of the implementation of human rights” and “mechanism of the defense of human rights”, although in some cases several similar futures are pointed out. The author concludes that the protection of rights mechanism is unique one, in which legal regulation, protection of rights, procedural and other mechanisms are integrated.

Keywords: human rights defense, implementation of human rights, forms of defense, implementation mechanism of human rights, defense mechanism of human rights.

The article considers transformation of the concept of national law in works of German thinkers in the period of Great French Revolution and Napoleonic wars. According to the author, the main line of this transformation is the completion of socialization of philosophy of law, as well as the claim of the empiric methodology of research and positivist understanding of law. In this context, the consistent dissociation of law from ethics, as well as distinguishing of national right as socially independent in law, is fundamentally important. The development of general teaching on the nation as leading direction of social philosophy in concrete historical conditions and political-philosophical character of these teaching is also highly valuable. The author points out that German thinkers of this period offered the successive typology of social-legal phenomena: socially individual (national-state law) – socially special (sphere of cooperation of national law orders, “cosmopolitan law”) – socially general (international law). The essential characteristic of this typology is non-transcendent, immanent character of socially special and general, as well as their formation based on cooperation of positive law orders. It allowed to complete pluralistic (by its nature) legal picture of the world, and social and positive model of the sphere of law as relatively autonomous subsystem of human being. The author also considers that empiricism of the new vision of the sphere of law founds its expression in comparativism. Based on the analysis, the author concludes that German thinkers of late XVIII – early of XIX century completed theoretical and methodological foundation of modern jurisprudence.

Keywords: history of legal science, empiricism, positivism, comparativism, classic German philosophy, social philosophy, social law, national law, typology of law, legal cooperation.