Ziborov O.V. Analysis of the emergency legislation in the works of Professor V.M. Hessen: «normal police powers»

Abstract: The subject of the article is a historical and legal analysis of the "emergency law". The author analyzes the so-called "normal police powers" outlined by Professor V. M. Hessen in the monograph "Exceptional situation". The object of the article is a comparative legal analysis of the emergency legislation of the early 20th century and contemporary Russian legislation.The article provides the historical background of V.M. Hessen's study of emergency legislation, and explains such a negative attitude of the author to this problem. The author uses his method of study of administrative coercive measures used by the police, both in everyday conditions and in conditions of martial law.The methodology of the research contains the recent achievements of epistemology. The author uses general philosophical, theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation), traditional legal methods and the methods used in the concrete sociological research.On the base of the research the author compares the regimes of "enhanced protection" and "emergency protection" provided by the Regulations of 1881. The author analyzes the police administrative coercive measures which in the conditions of martial law can be significantly expanded: police supervision, administrative detention, administrative expulsion and exile, the use of firearms. The novelty of the article is determined by those proposals that are developed in the course of the study. In particular, the author makes a conclusion about the inadmissibility of the transfer of powers of state authorities from the category of emergency powers to the category of normal and everyday. 

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