Kozinnikova E. —
State of exception as special legal regime (experience of analysis of the normative acts and works of police scientists of the Russian Empire of the end of XIX – beginning of the XX century)
// Genesis: Historical research. – 2017. – ¹ 11.
– P. 87 - 95.
DOI: 10.25136/2409-868X.2017.11.22543
URL: https://en.e-notabene.ru/hr/article_22543.html
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Abstract: The subject of this research is the special legal regime established in the Russian Empire in the end of XIX – beginning of the XX century that was entitled as the state of exception by the police scientists. The author analyzes the normative act, based on which was functioning the state of exception – “Ordinance on Measures for the Preservation of the State Order and Public Tranquility” of 14 August 1881. State of exception is characterized as the means of neutralization of the emergency sociopolitical situation and political preventative measures of revolutionary threat to the existing government structure. The article determines the contribution of the Russian police science into development of the theory of special regimes. The author provides characteristics to the legal norms that manifest as the foundation for imposing the state of exception in the Russian Empire of the indicated timeframe, as well as identifies the differences between the positions of increased security and special security. Attention is given to the analysis of the works of Russian police scientist V. M. Gessen, who provides characteristic to the essence and meaning of the state of exception, as well as assessment of the results of imposing the positions of increased security and special security in the Russian Empire. A conclusion is made that the long-term use of the special regime as the means of neutralization of the emergency sociopolitical situation and political preventative measures is not efficient.