Legislative Work Research Articles

Passing the hot potato: a multinational study on public trust in the health policy process

Abstract Background Health data-sharing initiatives are central to European and national e-health strategies, aiming to improve healthcare quality, inform policymaking, and drive research. Public trust is crucial for their success, influencing public participation and policymakers’ legitimacy. This study investigates the role of public trust in the health policy process at both the European level and in Italy, France, and Switzerland to determine 1) if a common conceptual understanding of public trust across different countries and policy stages exists, and 2) if policymakers explicitly discuss and implement trust-building measures in their legislative work Methods A total of 60 interviews were conducted with 16 European, 15 Italian, 14 French, and 15 Swiss policymakers from the World Health Organization, the Council, Parliament, and Commission at the European level, along with representatives from the Ministry of Health, Parliament, regional councils, local health authorities, frontline staff, and relevant agencies at the national levels Results Preliminary results reveal that a common definition of public trust in health data sharing is missing. Associations to public trust are observed at the European level with citizens’ reassurance about their sensitive data being shared, and in Switzerland with data security. In France, public trust is connected to public engagement, while no distinct patterns were identified in Italy. Findings also reveal a consensus among interviewees on the central role public trust plays in health data-sharing initiatives; yet public trust is perceived as a vague concept, often addressed implicitly without a clear strategy Conclusions The study reveals widespread ambiguity among policymakers regarding the definition of public trust and its translation into policy. Practical guidance is crucial to effectively integrate elements of public trust into policymaking, thereby actively reinforcing trust in health data sharing through legislative efforts Key messages • While policymakers recognize the importance of public trust for data-driven health initiatives, they lack a common conceptual understanding on what trust is and how to build it. • Guidance is needed to help policymakers actively contributing building trust in health data sharing through their legislative work.

A JUDICIALIZAÇÃO DO DIREITO À SAÚDE: ANÁLISE DOS REQUISITOS PARA CONCESSÃO DE LIMINARES

This study focuses on the analysis of the judicialization of the right to health, emphasizing the legal and practical implications arising from the granting of injunctions within the public health domain. The right to health, enshrined in the 1988 Federal Constitution as a fundamental social right, guarantees all citizens universal and equitable access to health services, a direct outcome of the Sanitary Reform that culminated in the establishment of the Unified Health System (SUS). The analysis was conducted through a review of literature, legislation, jurisprudence, and academic works about the theme, highlighting the consequences of this judicial intervention, which include significant financial impacts, an increase in inequalities regarding access to health services, and an overburdened judiciary. Subsequently, the phenomenon of judicialization of the right to health, intensified over the past few decades, is discussed considering its implications and consequences. This right has increasingly become the subject of judicial scrutiny, prompting interventions by the judiciary to ensure access to treatments, medications, and procedures. The consequences of judicialization to the right to health are multifaceted and include substantial financial impacts on the public budget. While judicialization seeks to ensure the effectiveness of the right to health and to fully protect citizens, its effects can be detrimental to the equilibrium of public health policies, affecting both equity and the sustainability of the system. As a result of this work, it is indicated that, to mitigate negative impacts, it is essential for judicial decisions to be made based on rigorous technical criteria and to be supported by robust evidence, such as medical reports. Furthermore, the responsibility for the implementation of judicial decisions should be tripartite, involving the Federal Government, States, and Municipalities, with procedural efficiency being necessary to prevent harm to citizens' health, thereby safeguarding the sustainability of the Unified Health System (SUS).

Political-organisational aspects for the prevention of genetic diseases

The explosive advances in medical genetics are, as is well known, very recent, but they already constitute major references in the preparation of the new models of health action postulated by the establishment of the national health service. They have made possible and at the same time necessitated extensive legislative and organisational design work for the prevention, diagnosis and treatment of genetic diseases. Translated with DeepL.com (free version)

Fear, hesitation, and resistance: Georgia educators’ responses to divisive concepts legislation

Currently, attacks on CRT and neoliberal legislation work to undermine public education and democracy in the United States. Divisive concepts legislation restricts what teachers say and do, acting as a counterwave to implementation of diversity, equity, and inclusion initiatives. In this article, a collective of educators with diverse identities working in varied contexts engage in collaborative reflection on the impact of HB 1084 (a censorship policy in Georgia), on their educational practices. We generated vignettes and coded them for the degree to which we reacted with fear, hesitation, and/or resistance. Our responses existed within this set of reactions and were influenced by our identities, constraints/affordances of our contexts, and experiences. Our vignettes expose how the legislation subjected us to a surveillance state that sometimes produced fear and hesitation, especially for those in positions related to preservice teaching. However, resistance was also present in response to the legislation in almost every vignette. Implications emerging from this study include the importance of educators engaging student voices as a form of backup and the necessity of coalition building for critical teaching. Findings suggest policies like HB 1084 undermine culturally relevant, antiracist, justice-centered teaching and are fundamentally regressive to improving the public school system.

Lived Experiences of School Heads in School-Based Management (SBM) Implementation

This study explored the lived experiences of school heads in SBM implementation using Collaizi’s phenomenological approach with transcribed semi-structured face-to-face interviews among nine participants who were school heads in the Schools Division of Siargao. Selected through the snowball sampling technique, these participants graciously shared their lived experiences, including the challenges and best practices through SBM implementation. This study was anchored on RA 9155: Governance of Basic Education Act of 2001 and DepEd Order No. 1, s. of 2003 (Implementing Rules and Regulations of Republic Act 9155) as supporting legislative works. Moreover, this study was also in line with Pluralism, Social Cognitive, and Functionalism Theories. Six emergent themes were derived from the study: (1) unified support from stakeholders; (2) pressure; (3) community linkages; (4) transparency and responsibility; (5) challenging journey; and (6) development. The emergent themes comprehensively explained an understanding of the participants’ thoughts about SBM, the perceived challenges and opportunities, best practices, and achievements in collaboration with the internal and external stakeholders. To ensure the aim of this study, it was crucial to develop meaningful programs as recommendations for enhancing quality assurance, particularly within the realm of school-based management across the entire division. Moreover, empowerment not only among internal but also external stakeholders must be established, in order to keep empowering communities and foster unity in diversity for the benefit of enhanced SBM implementation in schools.

The Venice Charter – the foundation of heritage protection or the burden of the past? An answer through the Greek experience

In the 60 years since its adoption, the Venice Charter has become a foremost point of reference in the conservation agenda of numerous countries around the globe, especially in Europe. The celebrated document’s relation with Greece in particular started upon its very conception; one of the contributors to its compilation came from Greece, namely architect Efstathios Stikas. Yet despite this early connection, the charter’s influence in Greek conservation matters was initially minimal, and only after 1974, became substantial. Based on bibliographic and archival research, coupled with personal experience from related duties, the present paper seeks to review and appraise the development of the usefulness of the charter in the Greek context, with emphasis on its post-1974 contribution in four major fields of related action: legislation, judicial affairs, specialized education, and conservation and restoration works. This assessment provides the basis for a conclusive remark as to the acclaimed document’s culminating function, along with proposals for an optimization of its future contribution.

RESPONSIBILITY OF MEMBERS OF SELF-REGULATING ORGANIZATIONS: PECULIARITIES AND PROBLEMS OF REGULATION IN THE REPUBLIC OF KAZAKHSTAN

In the scientific literature, the understanding of the legal nature of the responsibility of members of self-regulating organizations causes conceptual discrepancies. This liability is considered as a separate type of legal liability based on civil law principles. In the laws regulating issues of self-regulation with mandatory participation, the concept of disciplinary misconduct is used, which leads to the use of the name of this responsibility as «disciplinary». Nevertheless, the special grounds for the liability of members of a self-regulating organization, the subject composition and the nature of legal relations make it possible not to identify the responsibility in question with disciplinary liability in labor and administrative law. The Law on Self-Regulation and legislative acts concerning mandatory self-regulation contain the basics of regulating liability issues, but these norms need to eliminate contradictions. In addition, it is necessary to provide for the definition of the concept of responsibility of members of self-regulating organizations and its elements (misconduct, penalties). The study of internal documents of self-regulating organizations in terms of the responsibility of their members revealed the inconsistency of the content of the documents with certain requirements of the Law on Self-Regulation. Based on the results of this work, the specifics of the responsibility of members of self-regulating organizations are noted, the features and shortcomings of the regulatory regulation of this institution in the Republic of Kazakhstan are identified, facts of violations of legal norms in law enforcement practice are revealed, and differences in the approaches of organizations to choosing the procedure for bringing to responsibility and determining liability measures are established. Solutions are proposed for the identified shortcomings. The conclusions obtained in the course of this study can be used in scientific research and legislative work.

The principle of ensuring the right to appellate review of a case and, in cases determined by law, to cassation appeal of a court decision as a fundamental (constitutional) principle of Ukrainian justice

This publication is aimed at studying the principle of ensuring the right to appellate review of a case and, in cases specied by law, to cassation appeal as a fundamental constitutional principle of Ukrainian judicial procedure, and at identifying the issues of its interpretation and implementation within the framework of civil proceedings, and at formulating conclusions and proposals aimed at resolving the identied issues and contributing to the improvement of judicial practice. The paper 1-rst denes the signicance of this principle for achieving the tasks of civil procedure and analyzes its place in the system of other principles of civil procedure. It is found that the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal does not compete with other principles of civil procedure, but organically complements them, allowing to correct judicial errors made, thereby guaranteeing the principles of legality, objective truth and others. The analysis of the name of the studied principle revealed a legislative narrowing of its content, used by the indication of the possibility of appealing a «court decision», while other legislative provisions and the practice of civil procedure indicate the possibility of appealing rulings and orders of the court. The e-ectiveness of the legislative approach to the comprehensive nature of the appeal is substantiated, with the exclusivity and extraordinary nature of the cassation review of court decisions that have entered into legal force and the e-ectiveness of existing mechanisms for implementing this provision (a wide range of subjects of the appeal, limitation of the cassation appeal for certain categories of cases, mandatory preliminary appeal of the court decision, etc.). A certain problem was revealed during the analysis of the civil procedure law norm regarding the denition of the objects of appeal in the aspect of its content presentation through the prism of its consistency with the constitutional norm (64 of the Constitution of Ukraine), according to which the limitation of constitutional rights and freedoms of a person and citizen should be provided for by legal norms, therefore, through the prism of consistency with this provision, it would be more logical to establish a prohibition on appeal in relation to each individual judicial act. Legislative work aimed at eliminating certain imperfections in the legal regulation will contribute to a more e-ective implementation of the principle of ensuring the right to appeal a case and, in cases dened by law, to cassation appeal in the practice of civil proceedings.

Механизм функционирования гражданского оборота

The work is devoted to identifying the ‘set’ of means through which the action of civil circulation occurs, in their unity forming the mechanism for the functioning of the latter as a legally significant sphere of society. It is noted that the understanding of this mechanism determines the effective legal regulation of this area, including ensuring its stability. Among such means, the following are highlighted: putting objects into circulation; actions of subjects of circulation to change the owners of objects; legitimation — acquisition of the status of independent participants in circulation by artificially created subjects (individual entrepreneurs, legal entities, public legal entities); primary identification as the registration of a specific subject in a certain information system (in the case of a circulation functioning partially or completely in the digital space). Taking this into account, the main popular areas of legislative work in terms of legal regulation of civil circulation are indicated.

Designing movement space for elderly and disabled people in the construction law in selected countries.

Building law regulations determine designing the built environment recognising the needs of users of different ages and psychophysical abilities. Seniors and their spatial needs are covered there to a limited extent. The benchmark for design are wheelchair users. Their spatial requirements are greater in relation to independent walkers, including most older people. This makes it difficult to adapt the whole built environment to the needs of people with less mobility dysfunction. This can be considered in terms of spatial design and investment costs. The paper analyses the building regulations of 3 countries in terms of legal conditions to shape the architectural movement space of older people and disabled people. Analytical and comparative methods are used. Such research is becoming relevant and necessary. The analyses are conducted in the context of ageing populations. They are justified by statistical data on the age groups of Polish society. This is followed by design analyses of the legal requirements in the wheelchair movement space and proposals for alternatives, e.g., people walking with canes (case study). Their aim is to indicate methods to limit excessive communication spaces in buildings while maintaining functional values for all users. Research may show the possibility of greater diversification of regulations and alternatives to current laws. They are dedicated to participants in investment processes to shape accessible buildings. They can also be used in legislative work on amendments to the construction law. Changes in building regulations and a detailed approach to the mobility needs of older and disabled people (walking independently) are proposed. These decisions can provide benefits (spatial and economic savings). They fall into the "design for all" trend and sustainability of the built environment. These demands are based on no longer valid normative regulations. Med Pr Work Health Saf. 2024;75(3):189-197.

LINGUISTIC ERRORS IN LEGAL TEXTS

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

LINGUISTIC ERRORS IN LEGAL TEXTSNurkiz Arysbekovna Nurbayeva

The language of the law encompasses lexical, syntactic, and stylistic elements that shape the text of a law or other normative legal act. Requirements for the language of the law are considered during the drafting of a bill. However, in the process of legislative work, complete elimination of linguistic errors from the text is not always achievable. Such errors often include lexical and stylistic inaccuracies. The subject of the article is certain legal texts analyzed from a linguistic standpoint as part of fundamental and applied research on the topic "Monitoring Compliance with Content and Style Requirements in the Laws of the Republic of Kazakhstan." The relevance of the article lies in identifying and rectifying errors in the text of current legislation, determining gaps that lead to a distortion of the meaning of the main legal norms, and exploring ways to prevent such distortions. The author presents specific examples of typical linguistic errors of lexical, grammatical, and stylistic nature, as well as others found in the texts of current legislation. An analysis is conducted of regulatory proposals and legal norms to assess their conformity with the norms and rules of modern Kazakh literary language. While examining the texts of current laws, the author believes it is necessary to conduct comprehensive monitoring of current legislation to ensure high-quality content of legal acts; to develop a compendium of rules for the use of legal terminology to standardize terms; to create conditions for the development of research on legal technology across various legal domains; and to introduce into the educational process of universities the study of relevant legal and linguistic disciplines such as "Language and Law" and "Legislative Technique" in the form of courses or specialized courses.

Противодействие сотрудниками правоохранительных органов незаконному обороту наркотиков и ограничение неприкосновенности жилища

This work examines the issues of the legal definition of the concept of “home”, reveals the meaning and legal significance of the inviolability of the home, including when carrying out activities within the framework of combating drug trafficking. The article examines the issues of classifying such places as a home: a tent, a ship's cabin, a garage. The purpose of the article is to analyze the organization and implementation of measures to combat drug trafficking, with a focus on issues related to ensuring the inviolability of the home. The main purpose is to identify the theoretical and practical aspects of an effective strategy in the fight against drug crime and at the same time ensuring the protection of the personal home of citizens. Methodology: the study is based on a comprehensive methodological approach. Methods of comparative analysis of legislation are used, as well as some statistical data to identify the effectiveness of measures and trends in the field of combating drug crime and protecting the integrity of the home. Conclusions: the results of the study emphasize the need to harmonize measures to combat drug activity while ensuring the protection of citizens' rights to the inviolability of their home. Problems in the application of legislation have been identified that require careful consideration and correction to more effectively resolve these issues. Scientific and practical significance: the article has scientific significance, providing a comprehensive overview of current problems in the context of combating drug crime and ensuring home safety. The practical significance lies in the proposal of strategies based on modern theories that can serve as a basis for improving legislation and practical work of law enforcement agencies. Thus, the article aims to comprehensively address and address the challenges of countering drug trafficking, with an emphasis on ensuring the integrity of the home, offering views on theoretical and practical aspects, and raising questions for subsequent research in this area.

UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT)

This article is dedicated to a scientific-practical analysis of the provisions of the Law of Ukraine dated August 24, 2023, No. 3354-IX "On Legislative Activity" (hereinafter referred to as the Law), which regulates social relations in the sphere of legislative activity in Ukraine in the context of Eurointegration. Specifically, it addresses activities and regulation related to planning, development, adoption (issuance), application of normative legal acts, and legal monitoring. The article provides an analysis of individual provisions of the law, legal and organizational principles of legislative activity, methods, and the sequence of its implementation, as well as the elimination of gaps and conflicts in normative legal acts. The study's main findings reveal that the Law establishes the framework for legislative activity in Ukraine "from beginning to end," including the delineation of stages in developing draft laws. Specifically, it stipulates that a draft legislative act should be developed based on the concept of the legislative act project. This concept reflects a fundamental approach to regulating social relations, the purpose and objectives of legal regulation, new rights and obligations of legal participants, as well as anticipated socio-economic and other consequences of its implementation upon adoption (issuance) of the legislative act, etc. The departure from the Soviet principle of monopoly on legislative activity entails expanding the circle of subjects who, in accordance with the Constitution and laws of Ukraine, have the right to adopt legislative acts. This also necessitates public oversight of the aforementioned process, requiring a conceptual reconsideration of legal practice in the legislative activity process in Ukraine. Problems related to organizational and legal support have a negative impact on human rights and freedoms, the efficiency of legislative subjects' work, and the overall perfection of the legislative system. This underscores the urgent need for legislative regulation of legislative activity in Ukraine to avoid negative consequences for society and ensure the effective functioning of the country's legal system.

The origins and work of the Scottish Law Commission, and the problem of the codification of Scottish private law

The subject covered in the paper is the origins, structure and workings of the Scottish Law Commission created, along with its English counterpart, under the Law Commissions Act of 1965. The author of the article outlines the course of conceptual and legislative work to constitute the new commission, the extent of its relationship with and dependence on public authorities, as well as the key differences between the legal position of the two commissions, symbolically highlighted by the English commission’s gaining a stronger mandate under the 2009 Law Commission Act. The final part of the paper is devoted to an attempt to assess the achievements of the Commission to date, the reasons for the failure of the premise of the grand codification endeavour, and the successes that the Commission claim in terms of reforming specific institutions and branches of law.

JUDICIAL ASPECTS OF LEGALIZING MEDICAL CANNABIS IN UKRAINE AND THE EXPERIENCE OF GERMANY

In this article, the author discusses the Ukraine's Draft Law No. 7457 on the legalization of the use of medical cannabis for patients suffering from severe ailments. As a positive example of such regulation, the author observes the German law of March 6, 2017 as well as relevant case law, namely the cases of the Land Social Court of Baden-Württemberg, and the Federal Supreme Social Court. Within the prism of jurisprudence, the author researches of how does the adopted legislation work in relation to supply of medical cannabis to the patients suffering from severe ailments. The findings of the author are that this administrative procedure is in fact quite difficult to fulfill and has got a number of precautions: the patient has to prove he or she suffers from a severe disease, and no alternative means of treatment are either available, or are unacceptable for a concrete case. Hence, in case the dispute arrives to the court, it is the patient’s task to fulfill the provisions of Art. 31 (6) of the Fifth Book of the Social Code of 1988 by proving the severity of the condition and the lack or alternative therapy, or its insufficiency by appropriate medical records and certificates of physicians. The existing case law shows that courts consider this evidence with a large scrutiny and it may be very complicated for a patient to prove that a medical cannabis-based therapy is the only means of treatment that is available. The cases, discussed in the article, are commented in much detail, so the reader may acquaint himself or herself of how do disputes in this field of social law proceed, and whether patients are able to prove the necessity of a medical cannabis-based therapy to them.

On the issue specificity of criminal proceedings concerning minors

The article is devoted to the study of the specifics of criminal proceedings involving minors, in the context of the norms of national legislation and certain scientific works. It has been determined that the special procedural position of children in criminal proceedings is determined by the age peculiarities of these субʼєктів. The actual international standards concerning the procedure of criminal procedural activity in proceedings involving minors are considered. It is noted that at the national level, the specificity of proceedings in cases of minors is represented primarily in the isolation of the legislative regulation of criminal procedural relations with the participation of these individuals, as evidenced by the provisions of Chapter 38 of the Criminal Procedure Code of Ukraine «Criminal proceedings against minors.».
 During the study, the opinions of domestic scientists on the most problematic issues related to the procedural features of criminal proceedings against persons who have not reached the age of majority were analyzed. As a result of a comprehensive analysis of the legal norms of criminal procedural legislation, it was proved that certain procedures and rules of criminal proceedings are adapted specifically to the needs of minors, although their basis are general legal norms. In particular, this fact is evidenced by the dualistic representation of the interests of the juvenile suspect and the accused, the special субʼєктний composition of the participants in criminal proceedings against minors and certain specific aspects both at the stage of pre-trial investigation of juvenile crimes and during subsequent court proceedings. The article also identified a number of problematic aspects related to the implementation of these provisions at the practical level, in the context of which it is proposed to introduce certain additions and changes to the Criminal Procedure Code of Ukraine.
 It is considered necessary to consolidate the special principles of criminal proceedings against minors at the legislative level in the form of a separate article. The conclusion focuses on the fact that despite the existence of certain shortcomings in the legal regulation of proceedings in cases of minors, the criminal procedure legislation of Ukraine is developing in the right direction.

Is water replenishment an effective way to improve lake water quality? Case study in Lake Ulansuhai, China

Lakes are an important component of the global water cycle and aquatic ecosystem. Lake water quality improvement have always been a hot topic of concern both domestically and internationally. Noncompliant outflow water quality frequently occurs, especially for lakes that rely mainly on irrigation return flow as their water source. External water replenishment to improve the water quality of lakes is gradually being recognized as a promising method, which however, is also a controversial method. Lake managers, in the case of constant controversy, hesitate about the appropriateness of lake water replenishing. Thus, taking Lake Ulansuhai in China as an example, this study aimed to construct a lake hydrodynamic and water quality model, under the constraint of multiple boundary conditions, that has sufficient simulation accuracy, and to simulate and analyze the changes in COD (Chemical Oxygen Demand) and TN (Total Nitrogen) concentrations in the lake area before and after water replenishment, and explore whether water replenishment was an effective method for improving lake water quality. The results showed that when the roughness value of Lake Ulansuhai was 0.02, the TN degradation coefficient K was 0.005/d, and the COD degradation coefficient K was 0.01/d; the simulation and measured values had the best fit, and the built model is reasonable and reliable can be used to simulate lake water quality changes. By external water replenishment lasting 140 days in the water volume of 4.925 × 108 m³, the COD and TN concentrations in Lake Ulansuhai could be stabilized at the Class V water quality requirement, which helped improve the self-purification ability of the lake area. Water replenishment was proved to be an effective method for improving the water quality of the lake, but water replenishment is only an emergency measure. Lake water replenishment is more applicable to areas with abundant water resources. External source control and internal source reduction of lake pollution and protection of lake water ecology are the main ways to improve lake water quality for water-deficient areas under the rigid constraints of water resources. In the future, key technologies for reducing and controlling pollution in irrigation areas, construction of lake digital twin platforms, and active promotion of lake legislation work should be the main research direction for managing the lake water environment.

The Analysis of Ukrainian Policy in the Field of State-Religious Education: Secondary School

The article provides an overview of approaches to the organization of religious education in secondary schools of Ukraine during the period of its independence, which complements the European experience of studying this issue. Attention is paid both to the historical circumstances of the beginning of school religious education in the interaction of religious, state and educational institutions, and to modern issues related to the policy of introducing subjects of religious and moral orientation in Ukrainian schools. The current legislation in the field of religious education in a secular school, the real practice of its implementation, and the challenges that give an idea of ​​the specifics of Ukraine in this matter in the European space, are analyzed. The legislative work of Ukraine on ­resolving the issue of legal regulation of the possibility of establishing educational institutions of different levels of accreditation by religious organizations is generalized. Statistical data on the state of teaching religious and moral subjects in schools of Ukraine are analyzed. Prospects and possibilities of further teaching of religious education in the Ukrainian public school are considered.

Legal regulation of information processes within the framework of preventive SMART monitoring

The purpose of this study is to analyze the legal problems that arise during implementation of preventive SMART monitoring in the financial and budgetary sphere, identify conflicts and develop recommendations on the correct application of legal norms during preventive smart control. We will not consider the general requirements for state information systems and procedures for collecting and processing information established by financial legislation, legislation of the Russian Federation on information, information technology and information protection, legislation on security, legislation of the Russian Federation on state and other legally protected secrets. The study will focus on aspects of regulating the procedures for collecting and processing information used directly during the preventive SMART control. The subject of the study is both the current legal norms and legislative initiatives on amendments to the Budget Code of the Russian Federation, as well as the information procedures themselves that exist during SMART monitoring. To conduct the research, a methodology was used, including an analytical review of the regulatory legal framework, draft regulatory legal acts and scientific literature on the subject of research, generalization and systematization of data, and the formation of proposals to resolve the identified problems. The main conclusions of the conducted research are: basic information relations within the framework of the implementation of preventive SMART control procedures in the financial and budgetary sphere are currently regulated by legislation and do not need further improvement; legislative work is required to improve the legal mechanism governing information processes using artificial intelligence, big data processing, and the introduction of intelligent agents; all innovations are proposed to be implemented only after a comprehensive assessment of their regulatory impact; additional regulatory consolidation is required by the mechanism of openness of all elements and procedures related to preventive SMART monitoring.