Конституційно-правові засади функціонування і формування поняття «демократія братерства» в Україні

The article is devoted to the problems of the constitutional and legal principles of the functioning and formation of “democracy of fraternity” in Ukraine. At the same time, since democracy needs to be improved, the appeal to the slogan proclaimed by the French Republic: «Liberty, Equality, Fraternity» and, on this basis, the analysis of the basic parameters of «democracy of fraternity» is of a relevant nature. Therefore, the purpose of this article is to study the constitutional and legal foundations of the functioning and formation of «democracy of fraternity» in Ukraine. The implementation of this goal requires the fulfillment of a number of scientific tasks. The article substantiates that if the 18th century. became the last century of the “Era of Revolutions”, during which the transition from an agrarian to an industrial society began, which in the economic sphere was embodied in capitalism, and in the ideological sphere – in liberalism, which, at the conceptual level, began to appeal to the idea of freedom. It is found out that, today, there are two dimensions of democracy: the democracy of freedom, which is considered liberal, and the democracy of equality, which is defined as social. It is proved that a “democracy of fraternity” began to form in Ukraine, the basis of which is a powerful civil society. The article concludes that the domestic patriotic civil society currently consists of three strata (volunteer soldiers, volunteers and ordinary patriots), each of which becomes an important element of the “democracy of fraternity”. It is emphasized that even the existence of Orthodox brotherhoods and the Zaporozhian Army could not finally form the basic principles of “democracy of fraternity” in Ukraine, since the main thing was missing – the presence of a fully functioning state that effectively interacts with civil society. At the same time, it is noted that the basic principles of interaction between the state and civil society, which, in a developed state, lays the basic institutions of “democracy of fraternity” were formulated both at the constitutional level and at the legislative and by-law levels. It is found out that “democracy of fraternity” schematically represents a system that assumes the existence of two strata, the first of which is formed by the leading strata that initiate and organize the adoption of socially important decisions (analogous to the “elder brother”), and the second is formed by the strata that support and ensure (including financially) the implementation of these decisions (analogous to the “younger brother”). The practical value of the work lies in the need to create the basic principles of a new type of democracy in the context of a powerful transformation of democracy in the world.