Korkunov Nikolai Mikhailovich

(1853 - 1904)
. He graduated from the course at the Faculty of St. Petersburg University, read an encyclopedia right at the Alexander Lyceum and St. Petersburg University,, . public right of foreign powers and international law - in the military legal academy after the death of aq,
. Gradovsky took the chair of state law in St. Petersburg University, received a master's degree for "course of the Russian state law, the degree of doctor - for his thesis:" Ordinance and Law ". He worked in the department and its codification in the commission, codified Finnish laws. The most famous are his courses "General Theory of Law" (translated into several foreign languages) and the Russian state law "(seven publications); posthumous publication of" Course "edited and supplemented by: the general part - Gorenbergom, . Sokolov and Avalov, . special part - Gorenbergom (1909 - 1913),
. "General Theory of Law" is still the most complete and coherent course encyclopedia rights; Korkunov serves her pupil Goering, significantly complementing the theory of his teacher. Right, . to the teachings Korkunov, . there is no protection, . and distinction of interests, legal rules delineate the interests of legal subjects, . in contrast to the technical standards, . giving the means to achieve goals; moral standards assess the interests and actions of the subject, . Unlike law, . on relations between actors,
. Differentiation of interest law occurs in two ways: the division of object use and adapting it to general use, this idea is based on the distinction between private and public law. In the "General Theory of Law" had been substantiated and the principal of Korkunov in the field of general state law, more developed in his two theses. State, . to the teachings Korkunov, . is a legal relationship between the reigning and the servants, state power is not so much the will, . much power, . which citizens are obliged to obey, . but to obey consciously only able to create a conscious subordination of the rule of law,
. This theory the author himself called subjective realism, if the state - a legal relationship, the actors are all members of this relationship, from the monarch to the last citizen, but an object - the state power. This basic theory Korkunov now completely abandoned (see. Dyakonov, . "The new political doctrine", . "Journal of the Ministry of National Education", . 1894, . September; Alekseev, . "On the doctrine of the legal nature of the state and state power", . "Russian Thought", . 1894, . II; S., . "The new doctrine of public law", . "Journal of the Ministry of Justice", . 1894; response Korkunov ibid, . 1895, . 2),
. Korkunov not created the school, despite their talent. The reason for this can be seen in the political nature of his teachings, he was the ideologist of "legal autocracy". One of the most important means to justifying autocratic political system, he felt the need for precise delineation of the concepts of law and decree, in both cases establishes the general legal rules, but in significantly different forms. On this theory Korkunov built the separation of powers, as the various functions of the public dominion. Political guarantee legal system, in his opinion, could be the only judicial review of state and government acts, not by parliament or popular representation, and the court must verify the validity of these acts. No history, . neither the practice of foreign countries do not justify these views Korkunov, under the rule of absolutism never managed to establish judicial independence, in the absolute monarchy of course impossible to draw a distinction between law and decree, . as the source of all legal norms is the monarch, . which can not hamper any form of manifestation of his will,
. In the Russian law Korkunov substantiated the concept of law on the need to participate in its edition of the Council of State (in contrast to Gradovsky, . who considered, . that the sign of the differences of the law of the decree is the signature of the monarch), all other manifestations of the will of the monarch Korkunov thought decrees,
. At present, Russian science is firmly established the falsity of this view. Other works Korkunov: "History of Philosophy of Law" (1 st edition, . St.Petersburg, . 1908), . "Public value right" (Saint-Petersburg, . 1890), . Comparative essay public right of foreign powers "(St.-Petersburg, . 1890), . "Proportional representation" and a number of articles in "Legal Chronicle, . "Journal of civil and criminal law", . "Journal of the Ministry of Justice and other,
. These articles were published in 1898 in "Collection of articles 1877 - 1897 period, with the application complete bibliography of works Korkunov. SA. Korf.