
Issues of differentiation of judicial and disciplinary responsibility of civil servants in the theoretical legacy of I. T. Tarasov
Author(s) -
Nikita Egorov
Publication year - 2022
Publication title -
vestnik sankt-peterburgskogo universiteta mvd rossii
Language(s) - English
Resource type - Journals
eISSN - 2949-1150
pISSN - 2071-8284
DOI - 10.35750/2071-8284-2022-1-17-26
Subject(s) - principle of legality , relevance (law) , law , interpretation (philosophy) , jurisprudence , political science , institution , discipline , cornerstone , civil servants , sociology , philosophy , politics , art , visual arts , linguistics
The relevance of the reconstruction and interpretation of the views of the Russian lawyer Ivan Trofimovich Tarasov (1849-1929) is due to the theoretical and practical significance of the questions concerning the search for answers to acute questions of building a rule of law in modern Russia, in which ensuring the legality of the activities of state authorities is the cornerstone. Mechanisms for ensuring the legality of the activities of civil servants, which were formed in the process of the formation of the rule of law, cannot answer all the questions raised, and therefore, the search for ways to improve them is an urgent problem of theoretical and practical jurisprudence. Ideas that were formulated by Russian lawyers at the end of the XIX – beginning of the XX century, but have not yet received proper understanding, can make a significant contribution to solving the problems of our time. One of the authors of such ideas about the legal regulation of public relations was I. T. Tarasov. The article is devoted to the problem of differentiation of judicial and disciplinary responsibility of civil servants, which occupied an important place in the works of I. T. Tarasov, primarily because the institution of legal responsibility of civil servants is one of the main guarantees of ensuring the legality of the activities of public authorities. The main methods of scientific research were general scientific, namely: historical and systemic, as well as special: historical-legal and comparativelegal. The method of reconstruction and interpretation of legal ideas was used. As a result of the conducted research, it is concluded that in the absence of a unified approach to understanding the nature and model of the implementation of the institute of legal responsibility of civil servants in modern legal science, the works of the works of I. T. Tarasov are becoming increasingly relevant, namely the works in which a critical comparative analysis of the effectiveness of the implementation of measures of legal responsibility of civil servants in the late XIX – early XX century was carried out, the criteria for distinguishing judicial and disciplinary responsibility were defined, the main signs of disciplinary and judicial proceedings for bringing civil servants to responsibility were highlighted. The article attempts to systematize the views of I. T. Tarasov (1849–1929) on the institutions of judicial and disciplinary responsibility of civil servants.