DOI: 10.25136/2409-868X.2018.6.25489

Abstract: The subject of this research is the actualized part of theoretical-legal heritage of the prominent Russian lawyer of the late XIX – early XX century Ivan Trofimovich Tarasov (1849-1929); his representations of the specificities of realization of social function of the state; correlation of the police, legal, and social states; concept of the social state; potential government intervention and its limits into the various spheres of public life in solution of the socially important issues; as well as maintenance of the balance between exercising the social function and ensuring the human rights and freedoms. The methods of interpretation of the legal ideas and normative legal acts were used in the course of this work. The contemporary legal science has not yet performed a comprehensive problem-theoretical reconstruction of the theoretical-legal heritage of I. T. Tarasov. Leaning on the achievements of the Western European and Russian police-legal theory, I. T. Tarasov determined the circle of paramount issues that are subjected to solution in terms of establishment of the social state and execution of social functions. I. T. Tarasov was one of the first national police scientists who raised a question about the reasonable limitation of government intervention into the public life, as well as the need for determination of the mechanism of such intervention and its legislative consolidation. Such ideas proposed by I. T. Tarasov were revolutionary for his time.

DOI: 10.25136/2409-868X.2017.11.23738

Abstract: The subject of this study is the actualized part of theoretical and legal heritage of the prominent Russian lawyer of the end of XIX – beginning of the XX century – Ivan Trofimovich Tarasov (1849-1929); his representations on the essence of special legal regime as the means of protection of public safety; the provided by him characteristic of the state of emergency or martial law as the political preventative measures of prevention and methods for preserving the political system. The article discusses I. T. Tarasov’s idea regarding the possibility of ensuring public safety through the implementation of the special legal regime. The comprehensive problem-theoretical reconstruction and interpretation of theoretical legal heritage of I. T. Tarasov is realized in the modern legal science for the first time. The article discusses the views of I. T. Tarasov upon the capability of the special legal regime to ensure the public safety. The author characterizes the scholar’s ideas concerning the implementaiton, operation and termination of the state of exception and martial law, as well as analyzes his views on the questions of using the weapons by police agencies and administration in terms of the special legal regime. Conclusion is made that I. T. Tarasov insisted on the need for legislative regulation of the special legal status, within the framework which takes place the limitation of rights and freedoms , and expands the government interference in social life. Tarasov developed the theory of restriction of state intervention into the social processes and determined that the law must be the basic measure of restriction, including the implementation of the special legal regime. He argued the need to establish the boundaries of police activity and guarantees of the political and civil freedoms of an individual. The ideas of I. T. Tarasova pertinent to the special legal regime as the means for protection of public safety, found their reflection and development in the Russian theoretical-legal science and practice of legislative consolidation of the relations in the conditions of the state of emergency in modern Russia.