俄罗斯帝国警察法的形成与发展(上)

Roman Bramontov
{"title":"俄罗斯帝国警察法的形成与发展(上)","authors":"Roman Bramontov","doi":"10.17721/2227-796x.2021.2.02","DOIUrl":null,"url":null,"abstract":"The purpose of this article is to comprehend the historical stages for the formation and developmentof police law of the Russian Empire. Achievement of the set purpose involves studying the sourcesof police law, analyzing their content and significance for further development of the researchedbranch. The methodological basis of the work is general scientific methods of cognition, as wellas retrospective and comparative legal analysis. The article consists of three independent parts,where each is focused on a separate stage in the development of police law. The basis of theperiodization suggested by the author is the volume and quality of standards, specifications andguidelines that regulate policing.The first part of the article is focused on the stage of police law formation, which began in 1718with the creation of the Chief Police Executive Office and the approval of the position of the Chiefof Police. Peter the Great published “Guidelines for the Chief of Police in the St. Petersburg” inthe same year, which became the first source of police law in its classical sense. The content ofthe Guidelines was specified in the Decrees of the Senate and the Chief of Police. Instruction tothe Moscow Head Police Master Grekov was issued in 1721 by the analogy with the Guidelines,which differed from the Guidelines by the more detailed normative regulation of public relationsin the researched field.The conducted analysis of the sources of police law makes it possible to single out a number of keyfeatures of the normative regulation of policing at the stage of its formation, which should includemany functions that are not characteristic for the police in the classical sense, broad discretionarypowers with the absence of clear mechanisms of departmental and public control, involvement ofthe population to solve the problems facing by the police. The stage of formation of police law is also characterized by unsystematic presentation of legal material and the absence of the actualRussian doctrine of police law, which was not formed at that stage.Unsystematic specialized legislation, excessive multifunctionality of the police, the lack of thedoctrine of police law significantly reduced the effectiveness of policing. The mechanism of legalregulation, created at the stage of the formation of police law, needed serious reforms. In thisregard, the search for the ways to further improvement of the legal system of the Russian Empirein general and legal regulation of policing, in particular began in the second half of the XVIIIcentury on the initiative of Catherine II. The Charter of the Deanery or Police was approved in1782, which brought the legislative regulation of policing to a qualitatively new, codified level.The stage of the formation of police law with its approval in tsarist Russia should be consideredcompleted.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"35 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"FORMATION AND DEVELOPMENT OF POLICE LAW OF THE RUSSIAN EMPIRE (PART ONE)\",\"authors\":\"Roman Bramontov\",\"doi\":\"10.17721/2227-796x.2021.2.02\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The purpose of this article is to comprehend the historical stages for the formation and developmentof police law of the Russian Empire. Achievement of the set purpose involves studying the sourcesof police law, analyzing their content and significance for further development of the researchedbranch. The methodological basis of the work is general scientific methods of cognition, as wellas retrospective and comparative legal analysis. The article consists of three independent parts,where each is focused on a separate stage in the development of police law. The basis of theperiodization suggested by the author is the volume and quality of standards, specifications andguidelines that regulate policing.The first part of the article is focused on the stage of police law formation, which began in 1718with the creation of the Chief Police Executive Office and the approval of the position of the Chiefof Police. Peter the Great published “Guidelines for the Chief of Police in the St. Petersburg” inthe same year, which became the first source of police law in its classical sense. The content ofthe Guidelines was specified in the Decrees of the Senate and the Chief of Police. Instruction tothe Moscow Head Police Master Grekov was issued in 1721 by the analogy with the Guidelines,which differed from the Guidelines by the more detailed normative regulation of public relationsin the researched field.The conducted analysis of the sources of police law makes it possible to single out a number of keyfeatures of the normative regulation of policing at the stage of its formation, which should includemany functions that are not characteristic for the police in the classical sense, broad discretionarypowers with the absence of clear mechanisms of departmental and public control, involvement ofthe population to solve the problems facing by the police. The stage of formation of police law is also characterized by unsystematic presentation of legal material and the absence of the actualRussian doctrine of police law, which was not formed at that stage.Unsystematic specialized legislation, excessive multifunctionality of the police, the lack of thedoctrine of police law significantly reduced the effectiveness of policing. The mechanism of legalregulation, created at the stage of the formation of police law, needed serious reforms. In thisregard, the search for the ways to further improvement of the legal system of the Russian Empirein general and legal regulation of policing, in particular began in the second half of the XVIIIcentury on the initiative of Catherine II. The Charter of the Deanery or Police was approved in1782, which brought the legislative regulation of policing to a qualitatively new, codified level.The stage of the formation of police law with its approval in tsarist Russia should be consideredcompleted.\",\"PeriodicalId\":7222,\"journal\":{\"name\":\"Administrative law and process\",\"volume\":\"35 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Administrative law and process\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17721/2227-796x.2021.2.02\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Administrative law and process","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17721/2227-796x.2021.2.02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本文旨在了解俄罗斯帝国警察法形成和发展的历史阶段。为了达到既定的目的,研究了警察法的渊源,分析了警察法的内容及其对该研究学科进一步发展的意义。本文的方法论基础是一般科学的认知方法,以及回顾性和比较法律分析。本文由三个独立的部分组成,每个部分都侧重于警察法发展的一个单独阶段。作者建议的分期的基础是规范警务的标准、规范和指导方针的数量和质量。文章的第一部分重点讨论了警察法律形成的阶段,这一阶段始于1718年,当时警察总长办公室的设立和警察总长职位的批准。同年,彼得大帝出版了《圣彼得堡警察总长指南》,成为经典意义上的第一部警察法。《准则》的内容在参议院和警察局长的法令中有具体规定。《致莫斯科警察局长格列科夫的指示》是在1721年发布的,与《指导方针》类似,与《指导方针》不同的是,《指导方针》在研究领域对公共关系进行了更详细的规范规定。通过对警务法渊源的分析,可以梳理出警务规范性规制形成阶段的若干关键特征,包括许多传统意义上的警察所不具备的职能、广泛的自由裁量权但缺乏明确的部门和公众控制机制、民众参与解决警察面临的问题等。警察法律形成阶段的另一个特点是法律材料呈现不系统,没有形成真正的俄罗斯警察法律学说。不系统的专业化立法、警察过度的多职能化、警察法律理论的缺失,大大降低了警务工作的有效性。在《警察法》形成阶段形成的法律规制机制需要进行重大改革。在这方面,在叶卡捷琳娜二世的倡议下,在十八世纪下半叶开始寻求进一步改善俄罗斯帝国一般法律制度和警务法律法规的途径。1782年通过了《警察局长宪章》,这使警务的立法规定达到了一个质量上新的、成文的水平。在沙俄,经过批准的警察法的形成阶段应该算是完成了。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
FORMATION AND DEVELOPMENT OF POLICE LAW OF THE RUSSIAN EMPIRE (PART ONE)
The purpose of this article is to comprehend the historical stages for the formation and developmentof police law of the Russian Empire. Achievement of the set purpose involves studying the sourcesof police law, analyzing their content and significance for further development of the researchedbranch. The methodological basis of the work is general scientific methods of cognition, as wellas retrospective and comparative legal analysis. The article consists of three independent parts,where each is focused on a separate stage in the development of police law. The basis of theperiodization suggested by the author is the volume and quality of standards, specifications andguidelines that regulate policing.The first part of the article is focused on the stage of police law formation, which began in 1718with the creation of the Chief Police Executive Office and the approval of the position of the Chiefof Police. Peter the Great published “Guidelines for the Chief of Police in the St. Petersburg” inthe same year, which became the first source of police law in its classical sense. The content ofthe Guidelines was specified in the Decrees of the Senate and the Chief of Police. Instruction tothe Moscow Head Police Master Grekov was issued in 1721 by the analogy with the Guidelines,which differed from the Guidelines by the more detailed normative regulation of public relationsin the researched field.The conducted analysis of the sources of police law makes it possible to single out a number of keyfeatures of the normative regulation of policing at the stage of its formation, which should includemany functions that are not characteristic for the police in the classical sense, broad discretionarypowers with the absence of clear mechanisms of departmental and public control, involvement ofthe population to solve the problems facing by the police. The stage of formation of police law is also characterized by unsystematic presentation of legal material and the absence of the actualRussian doctrine of police law, which was not formed at that stage.Unsystematic specialized legislation, excessive multifunctionality of the police, the lack of thedoctrine of police law significantly reduced the effectiveness of policing. The mechanism of legalregulation, created at the stage of the formation of police law, needed serious reforms. In thisregard, the search for the ways to further improvement of the legal system of the Russian Empirein general and legal regulation of policing, in particular began in the second half of the XVIIIcentury on the initiative of Catherine II. The Charter of the Deanery or Police was approved in1782, which brought the legislative regulation of policing to a qualitatively new, codified level.The stage of the formation of police law with its approval in tsarist Russia should be consideredcompleted.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信