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Development of the Theory of Security Measures in Russia and Abroad: Historical and Legal Analysis
- Authors: Fomin A.А.1
-
Affiliations:
- North-West Branch, Russian State University of Justice
- Issue: No 1 (2025)
- Pages: 17-27
- Section: Theoretical and historical legal studies
- URL: https://medbiosci.ru/2072-909X/article/view/364440
- DOI: https://doi.org/10.37399/issn2072-909X.2025.1.17-27
- ID: 364440
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Abstract
In domestic and foreign legal science, there is still no unity in ideas about the subject and properties of such means of state legal regulation as security measures. The process of formation of the theory of security measures in law and their reflection in legislation is in an active phase of development. Since the formation of a generally accepted legal concept of security measures, understandable to the legislator and law enforcement agencies, has not yet been completed, it is of scientific and practical importance to solve the problem of differentiating security measures from the concepts of “protective measures”, “punitive measures”, “preventive measures” and a number of other related categories that have already been established in legislation and developed in detail in science.
First of all, comparative and historical-legal methods of analyzing the source base, legislation and administrative practice abroad and in Russia during the XIX–XX centuries are used as a methodological basis for understanding the scientific task. Based on a comparative analysis of the most significant historical, philosophical and theoretical legal doctrines, the article attempts to present a holistic picture of the evolution of the legal theory of security measures and identify the main stages of the development of legislative regulation of security measures.
Despite the fact that certain de facto security measures appeared together with law and existed inextricably with it throughout the history of civilization, only a sufficiently developed level of legal doctrine in the XIX and especially in the XX century made it possible to allocate security measures to a special group of means of legal influence, actualized the need for research on the philosophical and legal essence, permissibility the limits of the use of legal means of ensuring security and other instrumental and applied aspects of the theory of security measures in law.
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About the authors
Alexey А. Fomin
North-West Branch, Russian State University of Justice
Author for correspondence.
Email: fominpenza@mail.ru
ORCID iD: 0000-0002-6207-5214
Doctor of Science (Law), Professor, Professor of the Public Law Disciplines Department.
Russian Federation, St. PetersburgReferences
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