DOI: 10.7256/2454-0692.2017.5.23718

Abstract: The research subject is the public law concept reflected in the works of Russian jurist-researchers of the 19th century – Vasilii Nikolaevich Leshkkov (1810 – 1881) and Mikhail Mikhailovich Shpilevsky (1837 – 1883). The fundamental provision of the concept is the thesis that society is the key independent subject of public administration; private individuals as members of social associations obtain wider opportunities to realize their interests. The research subject is the ideas of V.N. Leshkov and M.M. Shpilevsky about objects, subjects and the subject-matter of public law; the jurist-researchers’ estimation of the public law concept of the 19th century. The research methodology is based on general scientific (historical, system, functional) and specific (formal-legal, historical-legal and comparative-legal) research methods. The author uses the methods of interpretation of legal ideas and statutory acts. The author characterizes the public law concept reflected in the theoretical heritage of V.N. Leshkov and M.M. Shpilevsky, which hasn’t been studied thoroughly enough so far. Within the public law concept society if considered as the key subject of administration; families, communities, classes and various interstate associations and everything created by the public – as the objects of public law. The author estimates Leshkov’s conclusions that public law reflects the process of emergence and development of social regulators; allows defining the specificity of public regulation of social relations within particular historical epoch, helps study the evolution of the legal system of any state. Therefore, when making important managerial decisions, it is necessary to take into account the experience of development of the public law sphere in a certain state. The author concludes that in the context of formation of civil society in the Russia Federation, the public law concept is to be analyzed, and its importance for the transformation of state and legal reality in contemporary Russia is to be understood. 

DOI: 10.7256/2409-868X.2016.6.17909

Abstract: The subject of this research is the relevant part of the theoretical-legal heritages of the renowned Russian legal expert of the XIX century – Vasily Nikolaevich Leshkov (1810-1881); establishment and evolution of Leshkov’s state-legal views, as well as his theory of public law. The article gives characteristics to the scholar’s contribution into the development of the theory of police (administrative) law, views upon the peculiarities of the Russian national legal system, essence of the Russian foundations of law, and mechanism of regulation of public relations. The subject and method of research, as well as positioning of the research problem define the scientific novelty. The author makes an attempt of the problem-theoretical reconstruction and interpretation of the theoretical-legal heritage of the Russian police scientist V. N. Leshkov, focusing attention on his study of the questions regarding the role of society within the system of government administration. Until the present time Leshkov’s theoretical heritage did not undergo complex analysis, as the formulated by the scholar concepts did lose their relevance.