Code of Democracy: Need for Adoption and General Shapes

Abstract

The article discusses the principles and grounds for regulating democracy as the most important social practice. For the authors, the crisis of democratic institutions and the existence of challenges to democracy that this complex and often idealized social phenomenon faces are obvious. It is reasonable to ask how the State can and should regulate social practices. Can objective law play a useful role in this process? The authors believe that the last question can be answered in the affirmative, but without understanding the structure of democratic practice and without understanding the structure of general statutory regulation, this cannot be done. The authors believe that it is fundamental that a society organized in a state should create a system of norms, form a normative and legal model of democratic practice through the institution of a referendum, which is democratic in nature. Legal self-regulation and individual normative legal regulation of democratic practice are considered. The role of implementing the provisions of the law and the principles of law in democratic practice is shown. The structure of legal regulation of democratic practice is analyzed. Legal conflicts and their regulation are considered. The role of monitoring legal implementation and legal interpretation for democratic practice is indicated. Actual problems of the general normative legal regulation of democratic practice are revealed. The authors are convinced that taking into account the social and state significance of democratic practice, it is necessary to consolidate the regulatory norms in the form of a Code of Democracy. A theoretical basis for the development of the Code concept is proposed, which includes fundamental problems of practice, reflecting the regularities of its functioning and development. In particular, we analyze the practice-forming, practice-destroying, and practice-missing elements of democracy. The classification of practice-forming phenomena, relations, and processes that are included in the subject of general regulatory and legal regulation of democratic practice is given.