Democracy: Genesis, Development, International Legal Foundations

The article is dedicated to the analysis of the international legal foundations of democracy. The authors examined the genesis and stages of the development of democracy as a concept and phenomenon of social-legal reality. The authors consider various viewpoints on the concept of democracy in Russian and foreign scientific and educational literature. The article investigates specific models of democracy, which are classified based on various criteria. For example, depending on the form of public participation in its implementation, one can distinguish direct, plebiscitary, and representative democracies. The authors analyzed the signs and principles of democracy, its role in the development of society and the state, and formalizes and justifies the author's definition of democracy as a concept and as a phenomenon of social-legal reality. A number of scientific research methods are employed in the work: formal-logical, historical-legal, comparative-legal, method of analyzing specific legal situations, statistical, and sociological methods. It is noted that the process of embodying democracy as an ideal theoretical construct in the mechanism of organizing and functioning of society and the state implies the consolidation of its fundamental principles and forms in the system of normative legal acts. Since the end of the World War II and the establishment of the UN, all states on the planet are somehow involved in the system of international legal relations, international law norms occupy an important place in this system. In this regard, the authors analyzed democracy as a concept and phenomenon of social-legal reality at the international legal level. The system of international legal acts that enshrine the fundamental principles and forms of democracy is examined. The main viewpoints on democracy in international law are considered: as the foundation of a civilized international community and corresponding law; as the process of democratizing the international legal order; as forms of organizing public governance; and as an international legal regime. The author's definition of democracy as an international legal phenomenon is formalized and justified.