DEMOCRATIC LEGITIMIZATION OF STATE IN THE MODERN WORLD

Abstract

Introduction. The most important principles for democratic state-building are the principle of legality and the principle of legitimacy. They both affect directly the modern legislation. They are also interconnected with principles of the electoral system. These principles are so fundamental for any law-based state, that they influence the mechanism of interaction between state and society. The article presents the analysis of these two principles as well as the new ones – democratic legitimacy and legitimatic legality. Materials and methods. The methodological basis of the research constitutes such general scientific methods as analysis and synthesis and special cognitive methods such as the formal-logical method and the method of comparative law. Results of the study. Results of the analysis reveal that many principles of the theory of state are similar and have common philosophical-conceptual sources of their formation. Discussion and conclusions: The author’s approach to the special way of the Russian legal system formation is substantiated. This conclusion is confirmed by the works of other Russian authors. In steadily developing societies the existence of a sufficient level of legitimacy of state authority and the exercise of power in strict accordance with the letter of law make the state authority fully empowered and the management mechanism – stable and effective.