Надмірна формалізація як патологія розвитку вітчизняної правової системи

Abstract

The formation of law as one of the most important functions of the state has been studied. Formalization has been discovered as the maximum reflection of social processes and phenomena in the law. Formalization of law has been defined in two ways: deepening of legal regulation, expanding access to legal means with a view to finding a compromise in resolving legal conflicts. The redundancy of the formalization of legal regulation has been reflected in the following forms: uncontrolled increase in the number of regulations, the quality of regulation is reduced, because in the excessive formalization process it is difficult to define the limits of legal regulation, bureaucratization of the regulation, resulting in irrational and uncontrolled expansion of the competence of public authorities. It has been pointed out that the reform of the legal system and its updating as well as its effectiveness are determined by qualitative rather than quantitative efficiency.