M.M. SPERANSKY AS FOUNDER THE PRINCIPLE OF DIVISION OF THE AUTHORITIES IN RUSSIA (HISTORICAL AND LEGAL ANALYSIS)

Authors

  • Ainur Gilmullin
  • Eduard Krasnov

DOI:

https://doi.org/10.32461/2226-3209.1.2018.178196

Abstract

Abstract. This article is dedicated to the outstanding Russian statesman Mikhail Mikhailovich Speransky and his legal views. The paper focuses on the consideration of the principle of division of the authorities in the papers of Speransky. Of course, being the cornerstone of the rule of law, the principle of division of the authorities is of great practical importance for the modern Russian state. Mikhail Speransky, being one of the founders of the selection of this principle in Russian science, left a deep imprint on science. Considering the classical three-tier structure of principle division, the scientist and statesman Speransky worked out in detail the interaction mechanism of one governmental bodies with others. Unfortunately, most of his progressive ideas have not found a response in the circles of state power, however, they have not lost their relevance and value to this day. The value of Speransky's ideas was also in the scientist's desire to create a truly effective model of the rule of law. As an outstanding reformer, Speransky gave great importance to the role of civil society for the rule of law. The article also attempts to reveal the scientist's views from
the point of view of modern knowledge of the rule of law and its principles.
Key words: rule of law, civil society, principles of the rule of law, principle of division of the authorities,
system of checks and balances.

References

Friendly Letters of Count M. M. Speransky to G. Masalsky, Written from 1798 to 1819, with Historical Explanations

Compiled by K. P. Masalsky, and Some Works of the First Youth of Count M. M. Speransky. St. Petersburg, 1962. P. 4-

Rae, John. Life of Adam Smith. — New York City: Macmillan Publishers, 1895.

Welcker К.Т. Die letzten Griinde von Recht, Staat und Strafe. Giesen, 1813. S. 25, 71 u.a.; Mohl R. Die

Polizeiwissenschaft nach den Grundsatzen des Rechtsstaates. Bd.l—2. Tubingen, 1832—1833.

Kassikhina V.E. M.M. Speransky, His Role in the Development and Formation of the Russian State and Law // State

and Law in the XXI Century. ― 2017. ― 2. ― P. 4-13.

Montesquieu, De l’esprit des lois, I, 1–2.

State Charter of the Russian Empire // Schilder, N. K. Emperor Alexander the First. His Life and Reign / N. K.

Schilder. – St. Petersburg, 1905. – V. IV. – P. 499-526.

The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (taking into account the

amendments introduced by the Laws of the Russian Federation on Amendments to the Constitution of the Russian

Federation No. 6-FKZ dated December 30, 2008, No. 7-FKZ dated December 30, 2008, No. 2-FKZ dated February 5,

, No. 11-FKZ dated July 21, 2014).

Locke J. Two Treatises of Government // The works. – London, 1751. – V. II. – P. 103–238.

A.R. Gilmullin. On the Impact of Legal Doctrine on the Principles of Organization and Cctivity of the Mechanism of

the Russian State / World of Jurisprudence. ― 2017. ― No. 3. P. 18-53.

Bluntschli Johann Kaspar. The theory of state // Batoche Books, 2000. — 491 p.

Speransky М.М. Legal Works. Educational and Practical Manual. - М.: Zertsalo, 2008. - P. 281-284.

I. V. Ryzhitskaya. Codification Projects of Emperor Alexander I as an Integral Part of his Political Reforms / Power,

Society, Army. ― 2013. ― P. 130-139.

Formation of the State Council // Russian Legislation in the 10th – 20th Centuries. V. 6. М., 1988. P. 61.

Gilmullin Ainur, Krasnov Eduard, LEGAL DOCTRINE AS A SCIENTIFIC-THEORETICAL SYSTEM OF THE

STATE OF LAW//NATIONAL ACADEMY OF MANAGERIAL STAFF OF CULTURE AND ARTS HERALD. -

- Vol., Is.4. - P.329-332.

Downloads

Issue

Section

Мистецтвознавство