DOI: 10.7256/2409-7136.2015.3.14339

Abstract: The subject of the study is the concept of risk as the most important element of German police law, similar in its importance to the concept of crime in criminal law. The author examines the various definitions of the police and legal concept of danger, its main types - the abstract and the concrete, as well as the objective and the subjective regulatory approaches to its understanding. The author studies the rules of land police law in order to show the particular types of aggravated danger and the resulting legal consequences. The author emphasizes the role of a concept of danger as a regulatory means of regulation and legitimation of decision making procedure of the police concerning the execution of preventive measures in the conditions of uncertainty. The methodology of this research is based on the general and the special methods: dialectical, system, comparative legal, analysis and synthesis. The special contribution of the author consists in the novelty of the present study determined by the fact that the example of the rules of German police law for the first time shows the central elements of a preventive mechanism of public safety and order provision which are absent in modern Russian legislation on police and still insufficiently studied in the domestic legal science.

DOI: 10.7256/2305-9699.2014.10.1327

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.

DOI: 10.7256/2306-0417.2013.1.312

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.

Abstract: