Affiliation:
1. V. N. Karazin Kharkiv National University, Kharkiv, Ukraine
Abstract
The article substantiates the expediency of applying the neoinstitutional approach to the study of legal institutionalization processes under the conditions
of social changes, defines the role of legal institutionalization in public governance considering
some factors promoting or, on the contrary, hinder effectiveness of legal institutions.
The neo-institutional approach is a relevant methodological basis for the study of the
development of the legal system under the conditions of social transformations and reforming of
state administration. In the concept of formal institutionalization, legal institutionalization means
the formation of new legal institutions, the formalization of certain social relations and social ties.
However, revealing the essence of legal institutionalization from the formal side is far from the only
approach related to the perception of institutionalization as a law-making phenomenon. In opposition
to the concept of formalization, ideas about the decisive role of the substantive component in the
institutional process are put forward. According to this theory, the creation of legal institutions does
not depend on their formal recognition by the legislator. This actually means that legal institutions
are formed and developed in parallel with regulative legal acts, but the form of law is not perceived
as an indicator of the existence of one or another institution. The basis of institutionalization
is the legal relation itself which is combined into certain types based on systemic features In connection to the expansion of the essence of legal regulation, the purpose of legal
institutionalization has changed. As a result, it is possible to explain the emergence of numerous
institutions which do not have any formal legal consolidation. In order to understand the nature and
logic of the development of institutions, it is necessary to study the factors that guide society, citizens,
and social groups in their actions, that is, to study institutions. The success of institutionalization
mainly depends on national specifics and the state of socio-economic development of the country.
The article has a theoretical-methodological character, and the material presented in it can
be the basis for the study of legal institutionalization in various spheres of public administration.
Publisher
V. N. Karazin Kharkiv National University
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