Российская полицеистика конца XIX – начала XX века об основаниях и пределах применения мер государственного принуждения

Abstract

The relevance of the topic is due to the scientific and practical importance of issues related to the search for effective means and mechanisms of building a legal state in the Russian Federation. The questions relating to the grounds and limits of the use of state coercion measures, which were the subject of the domestic police-legal theory are considered in article. At the late XIX – early XX century in the Russian police science actively discussed the role of state coercion in the system of public administration, the compatibility of state coercion and the desire to ensure the rights and freedoms of the individual. Understanding of these issues is reflected in the works of N. A. Griftsov, A. E. Nazimov, M. N. Palibin, Y. S. Stepanov, Ya. Felser, which to date in modern historical and legal science have not received a proper assessment. The works of these police scientists became the subject of this research. The aim of the study is to analyze the theoretical and legal heritage of policemen. Methodological basis of the research: General scientific (historical, system, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research. The method of interpretation of legal ideas was used. As a result of the analysis of the main provisions of the works of Russian police scientists, it was concluded that state coercion was considered by jurists as an element of domestic activity. Russian police scientists in the face of state seen the guarantor is able to ensure the security of citizens, therefore, recognized the possibility of using the state power of coercion. But at the same time, the police stressed the importance of determining the grounds and limits of the use of measures of state coercion.