Shayakhmetova T.E. —
Legal regulation of execution of punishment in form of deprivation of freedom in the Russian Empire in XIX century
// Genesis: Historical research. – 2017. – ¹ 4.
– P. 83 - 90.
DOI: 10.7256/2409-868X.2017.4.18370
URL: https://en.e-notabene.ru/hr/article_18370.html
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Abstract:
Deprivation of freedom, as the preventative punishment and criminal sanction, has a lengthy history in the Russian legislation. Execution of punishment in form of the deprivation of freedom has not been determined as an independent branch, and manifested as the institution of police law. The subject of this research is the direction of legal regulation of police activity in the Russian empire of XIX century, associated with the implementation of provisions on the preliminary detention and realization of the correctional and criminal punishments. The main conclusion of the conducted research consists in the position that systematization of the police legislation that regulated restriction of freedom as the measure of suppression and deprivation of freedom as punishment, has been realized in the process of activity of the II department of His Imperial Majesty clerical office on systematization of the Russian legislation. It resulting in establishment of the first legislative act regarding the deprivation of freedom – “Digest of decrees about those detained in custody and exiled”, which became a part pf the XIV volume of the Code of Laws of the Russian Empire, as well as completed the institutionalization of police law in this sphere.
Shayakhmetova T.E. —
The police involved in the organization of public charity in the Russian Empire of the XIX century
// Genesis: Historical research. – 2015. – ¹ 6.
– P. 256 - 267.
DOI: 10.7256/2409-868X.2015.6.16694
URL: https://en.e-notabene.ru/hr/article_16694.html
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Abstract: Public charity in the Russian Empire, as a social activity, was a complex of legal and organizational measures aimed at social support and protection of vulnerable groups, creating conditions for the realization of their labor ability, and also measures of law enforcement, medical, religious and educational nature. The police involved in the field of public welfare was manifested in the efforts of state bodies in the sphere of public charity, primarily the Ministry of internal Affairs of the Russian Empire, which was responsible for its organization at Central and peripheral levels.Methodological basis of research is the dialectical-materialistic method of cognition of socio-legal phenomena, as well as historical and legal, system-structural, comparative legal, logical-theoretical and private scientific methods of study normative documents in combination with a systematic approach and analysis. The main conclusion of the conducted research was the provision that the police took an active part in the organization of public charity in the Russian Empire of the XIX century. The Ministry of internal Affairs practically since its formation in 1802, was entrusted to manage not only the orders of public charity, but most importantly the facility of all Affairs of the charity. It was an expression of the desire of the authorities to implement law enforcement and social functions by one Department. Performing a law enforcement function, the Ministry of internal Affairs have solved the problems of police surveillance and control the activities of charity societies and private persons, undertook measures for the prevention and suppression of vagrancy and begging.
Shayakhmetova T.E. —
Police legislation as an instrument of security of the Russian state (the XIX – beginning of XX centuries)
// Genesis: Historical research. – 2015. – ¹ 4.
– P. 120 - 139.
DOI: 10.7256/2409-868X.2015.4.15412
URL: https://en.e-notabene.ru/hr/article_15412.html
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Abstract: The determining factor in the success of the state in the sphere of security is its due legal support. Historical experience shows that the creation of legislative base in the sphere of internal security and policing, it is necessary not only to consider the current state of legal framework governing the functioning of law enforcement, but also to fully use the existing experience of formation and development of the police legislation in the pre-revolutionary period of Russia's development. The research subject is a police law: its formation, registration and development in the Russian Empire in the second quarter of the XIX – early XX centuries.Methodological basis of research is the dialectical-materialist method of cognition of socio-legal phenomena, and the legal history, systemic-structural, comparative legal, logical-theoretical and specific scientific methods of study regulatory documents in conjunction with a systematic approach and analysis. The main conclusion of the conducted research was the provision that the formation and development of the police legislation of the Russian state took place as the process of obtaining the basic institutions of the police legislation. Internal policy of the Russian state is reflected in this branch of law as a tool to ensure security in broad terms – from public to personal.
Shayakhmetova T.E. —
Police legislation in the control mechanism of migration of the population and ensure the passport regime in the Russian Empire in the XIX - early XX centuries
// Genesis: Historical research. – 2015. – ¹ 3.
– P. 367 - 391.
DOI: 10.7256/2409-868X.2015.3.14690
URL: https://en.e-notabene.ru/hr/article_14690.html
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Abstract: One form of security is the state control of population movement. The features of this control depends on many factors: the level of social production, social culture, legal culture of the population. All these phenomena develop over time, exerting a decisive influence on the characteristics of the state, including the oversight function. The subject of study is the history of the development of the police legislation in the control mechanism of migration of the population and ensure the passport regime in the Russian Empire in the XIX - early XX centuries Methodological basis of the research is dialectic-materialistic method of knowledge socio-legal phenomena, as well as legal, historical, systematic and structural, comparative, logical-theoretical and chastnonauchny methods of research of normative documents in combination with a systematic approach and analysis. The main conclusion of the conducted research was the provision that in the Russian Empire in the XIX - early XX centuries passport regime provided by the police and local authorities. During this period, for the first time in the history of the Russian police legislation was created a single legal act, consolidating the rule of law, which regulate immigration and passport control in the Russian Empire - the Code of regulations about passports and runaway, amounting to 3 part 7-the first book of the code of laws of the Russian Empire, included in volume XIV. Have removed most of the contradictions and gaps in the passport law. This was a significant step forward in the development of the police legislation in the sphere of security and facilitated the implementation of legal norms and the police.
Shayakhmetova T.E. —
Clearance and development of the police legislation in the area of
// Genesis: Historical research. – 2015. – ¹ 2.
– P. 152 - 169.
DOI: 10.7256/2409-868X.2015.2.14294
URL: https://en.e-notabene.ru/hr/article_14294.html
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Abstract: The subject of the research is the design and development of the police legislation in the area of "well-being" in the Russian Empire in the XIX. Police legislation in the Russian state was documented in two directions: to provide "security" and providing "well-being". This conclusion can be drawn by examining the Russian legalization of XVII-XIX centuries. Legislation providing "security" included the rules governing the system of control of population movements, the activities of public associations, press censorship, the system and the organization of criminal investigation, prevention and suppression of crime, the enforcement of sentences. Standards that provide "welfare", regulate the supervision of a physician and construction business, protection of natural resources, public charity the elderly and the poor, education and others. The methodological basis of the study is the dialectical materialist method of knowledge of the social and legal phenomena, as well as historical and legal, system -lattice, comparative legal, logical and theoretical research methods and chastnonauchnogo regulations, combined with a systematic approach and analysis. The main conclusion of the study was the position that in the course of the systematization of the Russian legislation, to complete the creation of laws and Complete Collection of the Laws of the Russian Empire was formed system of legal acts regulating the issues of ensuring national food, public charity and medical-care activities that in turn, creates a legal basis for the consolidation of the rule of law activities of the state apparatus as a whole and the government.