Ministry of Police of the Russian Empire: implementation of the project by M.M. Speransky

N. L. Fedneva
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Abstract

We consider the views of M.M. Speransky on the sphere of the police department, which were not previously the object of special research, as well as the implementation features of his project for the creation of the Ministry of Police of the Russian Empire, designed, according to the creator's plan, to ensure not only order and security, but also oversee the legality of the administration’s activities on the ground. We draw conclusions: firstly, the formation of Speransky’s views took place under the influence of internal needs to strengthen power and maintain order that arose in the Russian Em-pire at the beginning of the 19th century; secondly, Speransky was influenced by the last representative of the European school of Roman law, the ideologue of the Enlightened absolutism J. Dom, who was the first in Europe to see the police as a universal instrument for maintaining order based on the norms of public law, and the lawyer-policeist N. Delamare, who systematized the French police legislation. The Ministry of Police of the Russian Empire, created according to Speransky’s project, was supposed to ensure compliance with the rule of law on the basis of public law and on behalf of the state, as well as protect and, if necessary, restore the rights of subjects as private individuals. The solution of this problem within the framework of the theoretical concept proposed by Speransky, which reflected the needs of the development of Russian society, required a long-term perspective and included a gradual restructuring of police activities, the development of appropriate legal, ideological and personnel support and, in fact, meant a transition to the rule of law. We emphasize the contribution of the Ministry of Police to ensuring victory in the Patriotic War of 1812 and suggest the reasons for its inclusion in the Ministry of Internal Affairs in 1819.
俄罗斯帝国警察部:M.M. Speransky项目的实施
我们考虑M.M. Speransky在警察部门领域的观点,这以前不是专门研究的对象,以及他创建俄罗斯帝国警察部的项目的实施特点,根据创建者的计划,不仅要确保秩序和安全,还要监督地面上行政活动的合法性。我们得出结论:第一,斯佩兰斯基的观点是在19世纪初俄罗斯帝国内部加强权力和维持秩序的需要的影响下形成的;其次,斯佩兰斯基受到了欧洲罗马法学派的最后一位代表人物、开明专制主义理论家j·多姆(J. Dom)的影响。多姆是欧洲第一个把警察看作是维持基于公法规范的秩序的普遍工具的人,而律师-警察学家n·德拉马尔(N. Delamare)则使法国警察立法系统化。根据斯佩兰斯基的计划建立的俄罗斯帝国警察部,应该在公法的基础上,代表国家,确保遵守法治,并在必要时保护和恢复作为个人的主体的权利。在斯佩兰斯基提出的反映俄罗斯社会发展需要的理论概念框架内解决这一问题,需要有长远的眼光,包括逐步改组警察活动,发展适当的法律、思想和人员支持,实际上意味着向法治过渡。我们强调警察部为确保1812年卫国战争胜利所作的贡献,并建议在1819年将其纳入内务部的原因。
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