Kovbasiuk S. Institutional characteristics of a modern state: theoretical-legal research

The dissertation is devoted to a general theoretical study of the features of institutional characteristics of a modern state as a certain integrity, separated from the social environment and organized as a system of interrelated elements focused on ensuring proper conditions for the implementation and protection of rights and freedoms. The thesis consists of three sections, in which the genesis and methodological foundations of the institutional approach in the study of a modern state are analyzed, institutional foundations of the system of a modern society are defined and the institutional dimension of a modern state is characterized. While establishing the role and significance of the political, economic and legal components of the institutional theory in state studies, it was ascertained that these components of the institutional theory enable the comprehensive analysis of a modern state and its institutions – both from the point of view of their organization and functioning, and relationship with the environment. Institutional analysis of a modern state presupposes the consideration of a state as a certain institution of a society, therefore, it is impossible without characterizing the architecture of а modern society and main transformation processes that form the foundations of a modern state existence. The basis for constructing the concept of а modern society is the modernist paradigm; within its framework the process of a modern society formation is described by scientists in the categories of «traditional» and «modern» society. The distinctive feature of the architecture of a modern society is the significant role of virtual institutions. Communicative Internet technologies create the ability to search instantly the information you need. At present, almost any of the population strata uses (receives, analyzes, transmits) information that is in the public domain. The Internet creates unique conditions for communication (in time and space) between people. Thanks to Internet resources, people get the opportunity to work (online business, freelance), study, express political opinions and even take part in government (e-government). It is the existence of social institutions of the virtual space that is a distinctive feature of the institutional dimension of a modern state. Application of the institutional approach to the characteristics of a modern state enables us to distinguish the levels of institutional competition, namely: 1) the interstate level, at which the «market of institutions» is formed and institutional competition between states and international organizations is intensified; 2) the national level, at which a competitive environment is formed in relations between national and regional institutions. At this level institutional competition can be typical – competition between formal institutions, and atypical – competition between formal and informal institutions. These circumstances and general globalization trends have become the principles of institutionalization of suprastate and supranational institutions. Suprastatehood arises at the stage of realization of the goals and objectives of an international organization, established in the constituent agreement or other international treaties of the organization. Sovereign member states enshrine in their legislation provisions on the possibility of imposing state rights on an international organization. These supranational formations reflect the development of state processes in the modern period and, in fact, the consequences of a continuous process of institutionalization in the social sphere. The general characteristics of a modern state as a special institution of the political system of а society makes it possible to carry out further analysis of the institutional dimension by researching and classifying its institutions.