The article examines the peculiarities of understanding the concept of «democratic control» in the context of the development of the legal system of the European Union, analyzes the problematic aspects of its functioning and develops general recommendations for its improvement in the conditions of the dynamics of modern transformations. It is noted that in the conditions of the rule of democracy, the exercise of control over the activities of public authorities is a relevant component of the principle of the rule of law, which ensures the solution of two important tasks – the protection and defense of human rights, as well as the legitimacy of the authorities themselves, which reflects the positive attitude of citizens of a certain state to its government institutions and the recognition of the legitimacy of the decisions they make. It has been established that the democratic nature of control in modern legal systems depends on several factors, in particular, on the independence of state authorities, the transparency of their actions and decisions, the availability of information about their activities, as well as on the real influence of society on the adoption of state and administrative decisions. Particular attention is paid to the principles of democratic governance, which are the basis for the development of the modern legal system of the European Union, are normatively enshrined in Section II «Provisions on democratic principles» of the Treaty on European Union (Articles 9–12) and are expressed in the priority of democratic procedures, transparency, citizen participation in governance, as well as the accountability of the institutions of the European Union. At the same time, attention is focused on the fact that the content of democratic control in the EU legal system is manifested primarily in the guaranteed ability of its citizens, their representative bodies and relevant civil society institutions to influence decision-making in the EU, the norms of which should be aimed at ensuring the comprehensive protection and defense of human rights and freedoms, their honor and dignity, inviolability and security. The issue of the «democratic deficit» in the European Union, as well as the problem of limited accountability of EU government institutions, is considered. It is concluded that the full implementation of democratic control in the legal system of the European Union requires the implementation and application of a comprehensive approach to its improvement, which should include, among other things, the implementation of appropriate educational and cultural influence on the legal awareness of EU citizens.
Anatolii Petrenko (Mon,) studied this question.