Theoretical and legal foundations of participatory democracy: a modern concept

Abstract

The dissertation is an independent completed scientific work, which provides a theoretical generalization and proposes a solution to an important scientific problem by developing new doctrinal provisions regarding the essence and functioning of participatory democracy as a legal phenomenon, as well as determining strategic directions for its development in Ukraine, taking into account national characteristics and international standards.
The dissertation provides a comprehensive conceptualization of participatory democracy as a legal phenomenon, which contributed to the formalization of its essential features, the justification of its autonomy from other forms of democracy, the isolation of legal, social and philosophical principles of functioning, the structuring of forms of implementation as mechanisms of civic participation, as well as the definition of its role in the transformation of democracy and the development of the methodology of legal science.
A modern concept of participatory democracy has been developed, the essence of which lies in its understanding as a separate form of democracy based on systematic civic participation, which involves partnership between the state and civil society, a wide range of legal forms of implementation, public monitoring and control over the activities of government bodies, as well as the formation of a legally aware position of citizens as active and responsible participants in democratic processes.
The feasibility of building a methodology for studying participatory democracy as a legal phenomenon based on a synthesis of general philosophical, general scientific and special legal methods involving modern interdisciplinary approaches, principles of relativism, plurality, nonlinearity, inclusiveness, alternativeness, communicability, conceptualism and polyvariance of hypotheses, taking into account national and international contexts and combining theoretical analysis with empirical observations, is substantiated.
The effectiveness of using various scientific approaches to revealing the essence of participatory democracy is confirmed, in particular: attributive, which considers it as a system of essential features that form its content; activity, which studies it through the prism of civic participation practices; and functional, which focuses on specific functions aimed at ensuring the interaction of the state and civil society. The combination of these approaches allowed to form a methodological basis for a comprehensive scientific understanding of participatory democracy as a legal phenomenon.
It is proved that the recognition of the principle of the priority of human rights and freedoms over the interests of the state became a key factor in the evolution of the idea of participatory democracy, which was formed within the framework of the third stage of democratization (1960s - early 21st century) under the influence of the request for the expansion of political participation, the crisis of representation and the activation of civil society, and further developed due to the decentralization and digitalization of the interaction of the state with citizens.
The autonomous nature of participatory democracy is substantiated, which is manifested in its specific features: recognition of civil participation as a fundamental element; regularity of citizen involvement in decision-making processes; diversity of legal forms of implementation; partnership between the state and civil society; institutionalization of public monitoring and control; formation of legal awareness and legal culture of citizens as factors of responsible participation.