Airikh V.A. —
The peculiarities of organizational, legal and financial provision of the police service work in Germany
// Legal Studies. – 2015. – ¹ 5.
– P. 1 - 23.
DOI: 10.7256/2409-7136.2015.5.14679
URL: https://en.e-notabene.ru/lr/article_14679.html
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Abstract: The subject of the study includes the typical features of organisational, legal and financial provision of the police service work in Germany. The author considers the issues of administrative and legal institution of reimbursement of expenses related to the activities of the police aimed at the preventive maintenance of public order and safety. The author examines the regional police legislation in order to show particular types of these expenses. The article considers various approaches to assessment of the police levies legality. The methodology of this research is based on the general and special methods: the dialectical method, the system approach, the comparative-legal method, analysis and synthesis. The special contribution of the author consists in the novelty of the study, determined by the fact that the studies devoted to the police work haven't considered the issues of the police levies yet. Negative tendencies of the recent economic development of the country dictate the necessity to focus on the problems of modernization and enhancement of organizational, legal and financial provision of the police service work.
Airikh V.A. —
Creation of the Science of Police Law: New Touch-ups to the Old Portrait
// Legal Studies. – 2014. – ¹ 10.
– P. 38 - 73.
DOI: 10.7256/2305-9699.2014.10.1327
URL: https://en.e-notabene.ru/lr/article_13275.html
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Abstract: This article attempts an additional review of the history of creation of police law as a legal science and a branch of jurisprudence which was originally created in Germany at the end of the 18th century. It delineates the police science from the police law. The article reviews certain individual provisions of the police manual of the city of Augsburg as amended in 1683 being the most typical example of legal documents which served as the source of the police law. It cites draft police codes of the Russian Empire and similar legal documents of German states of the 19th century. The article takes a note of the similarity between the problems related to the application of the above documents. The main method of the work performed is the source study and analysis of the police law documents and of the works on the police science and the police law written in the 16th - 19th centuries.
Currently, it has become necessary to correct certain well-establish notions of the history of police science and police law due to the expansion of the source base and inclusion in it of the works which were not mentioned earlier in Russian literature or which did not get the attention they deserve from scientists. The analysis of such papers makes it possible to talk about the original division of the police law from the police science.
The work of H. U. Ditmar published in 1731 should be viewed as one of the first scientific rationales for the police science, despite the commonly accepted opinion. The work of I. Goiman which came out in 1757 should be considered the first attempt at establishing the scientific foundation for the police law. In Russia, the first work on the subject of police law was the paper written by L. H. Iakob published in 1809 in Kharkov. The first police code of the Russian Empire was drafted by H. E. Globig in 1815.
Airikh V.A. —
The relationship betwen public safety and crime prevention in the police law of Germany
// Security Issues. – 2013. – ¹ 1.
– P. 254 - 289.
DOI: 10.7256/2306-0417.2013.1.312
URL: https://en.e-notabene.ru/nb/article_312.html
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Abstract: This article analyzes the historical and theoretical aspects of public safety and crime prevention in relation to police legislation of the federal states of Germany, on the basis of the formation of the Prussian and southern German police systems which were first expressed normatively in the Code of Police Punishments of Baden and Württemberg. It comments on the common problems in the practical application of German and Russian regulations on preventive policing in the second half of the nineteenth century and details various positions relating to the doctrine of preventive policing, as developed by R.Molem. The article also considers the governmental approaches to the understanding of the role and importance of security, being a subjective public right to police protection. It highlights a range of positions extracted from the decisions of the Federal Constitutional Court of Germany on the issue. It states the fundamental differences between the legal provisions dealing with sanctions and those dealing with a preventive approach. Lastly, it considers the various elements which underpin "public safety" - the rule of law, individual and collective legal benefits. It notes that there is a tendency to subjectivise modern police law.
Airikh V.A. —
// National Security. – 2012. – ¹ 10.
DOI: 10.7256/2454-0668.2012.10.6701
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