Поліцейське право Російської імперії у працях юристів першої половини ХІХ століття

А. М. Піляй

Анотація


POLICE LAW OF RUSSIAN EMPIRE IN WORKS OF LAWYERS FIRST HALF NINETEENTH CENTURY

                                     А. М. PILIAI, PhD student

National University of Life and Environmental Sciences of Ukraine

 

The article aims to clarify the characteristics of police law and administrative functions of the state the first half of the nineteenth century, for a better understanding of modern administrative law Ukraine.

Administrative Law passed a long way to go before they formed the modern field of law, and clearly there are numerous tasks specified subject areas of law. Currently under administrative law as a branch of public law first understand the process of regulation of administrative relations in implementing public authority. However, at the beginning of its formation Administrative Law passed a number of major metamorphosis. At the initial stage of the way administrative law called police and was much wider than the present administrative.

At the time of the police law concept of «police» covered almost the entire area of the state, the subject of police law defined a set of state and public measures to promote the interests (material and spiritual) people. Too wide range of facilities and the uncertainty of the status of police law in categorical apparatus of contemporary jurisprudence long hindered its development.

By the nineteenth century appointment of a police state considered providing «happiness of citizens'» safety and beautification. Accordingly, the term «police» was identified internal control (except for financial management, which gradually became self-importance). Therefore, the literature on management called police science and was a kind of combination of presentation of specific administrative cases (cases incidents) and analyzes published in connection with the guidelines and practical instructions how to carry out administrative actions.

According to a study conducted in the article it is safe to note that all scholars inclined to common ideas with the aim to, first of all achieve the right (justice) and benefits (welfare), although seen their implementation differently. Also a big role to achieve justice and prosperity these had played welfare ways to achieve are seen differently by providing greater freedom for citizens of the direct economic incentives. It should be noted that a number of ideas to achieve the goals outlined by the aforementioned lawyers and statesmen were sold during the reforms carried out in the sixties of the nineteenth century. Primarily in the provincial, municipal, judicial and agrarian reform.

Judicial reform introduced magistrates courts, which judge and jury elected the population, and therefore the first time in the history of the Russian Empire is becoming a source of people judiciary. However, judicial reform had long-term consequences as quickly range of cases that were considered amicable courts is limited.

Thus, it has been made the main task, which set themselves scientists that time, namely welfare. In the future, the development of police law, the issue of welfare of the components will be deleted police law, leaving, thus, only the need to support the welfare state and support the rule of law.

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Посилання


Bytyak, Yu. P. (2005). Administratyvne pravo Ukrayiny [Administrative Law of Ukraine]. Kyiv: Yurinkom Inter.

Solomakha, A. H. (2015). Politseys'ke pravo u naukovykh pohlyadakh M. Bunhe [Police powers in the scientific views of M. Bunge]. Administratyvne pravo i protses, 2 (12), 348.

Starylov, Yu. N. (1999). Rossyyskoe polytseyskoe (admynystratyvnoe) pravo, konets ХІХ – nachalo ХХ veka [The Russian police (administrative) law in the end of the nineteenth and beginning of the twentieth century]. Voronezh, 624.

Rymarenko, Yu. I., Averyanov, V. B., Usenko, I. B. (2003). Antolohiya ukrayinskoyi yurydychnoyi dumky. Politseys'ke ta administratyvne pravo [Anthology of Ukrainian legal opinions]. Kyiv: Vydavnychyy dim «Yurydychna knyha», 600.

Sbornyk Imperatorskaho Rossyyskaho Istorycheskaho Obshchestva. (1894) [Collection of the Imperial Russian Historical Society]. Sankt-Peterburh, 640.

Platonov, I. V. (1856). Vstupytelnye ponyatyya v uchenye o blahoustroystve y blahochynyy hosudarstvennom [Opening of the concept in the doctrine of the accomplishment and the deanery state]. Kharkiv, 143.

Bilya vytokiv politseyskoho prava (do 200-richchya z dnya narodzhennya I. V. Platonova (Kholmohorova) [At the root of police law (the 200th anniversary of I. V. Platonov (Kholmogorov)]. Available at : http://yurincom.com/ua/yuridichnyi_visnyk_ukrainy/overview/?id=933.


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