ON THE PROBLEM OF IMPROVING THE LEGAL SYSTEM FOR COMBATING BULLYING

Abstract

Purpose. To investigate scientific psychological, pedagogical and legal approaches to identifying signs and formulating a definition of bullying, on the basis of which to determine ways to improve the regulatory and legal support for combating this negative social phenomenon. Methods. The study used general scientific methods of analysis, synthesis and generalization of scientific sources and regulatory and legal acts, as well as scientific forecasting of possible consequences of reforming the legislative framework for combating bullying. Results. An important aspect of the deployment of a system of regulatory and legal support for combating bullying is the determination of its typical signs, which can be used as the formation of relevant definitions of both a socio-psychological and regulatory and legal nature and become the basis for improving regulatory and law enforcement support. The most significant signs of bullying are its social danger, violent nature, committed against a minor or underage person or by such a person with the aim of causing moral, physical or other harm or emotional humiliation, the presence of direct intent, systematicity or repetition, aggressiveness and the presence of parties, which is accompanied by an imbalance of their physical strength and social status. The definition of bullying in the legislative field is proposed by the Code of Ukraine on Administrative Offenses and the Law of Ukraine “On the Protection of Childhood”. At the same time, the interpretations proposed by the specified regulatory legal acts contain contradictions, which primarily consist in the inconsistency of limiting the circle of participants in bullying only to participants in the educational process or extending it to participants in all children’s institutions. The specified collision makes it impossible to inevitably hold accountable for such an act. Conclusions. Analysis and generalization of research on the issue of bullying allows us to determine that it is considered a socially dangerous phenomenon, which consists in violence committed against a minor or underage person or by such a person with the aim of causing moral, physical or other harm or emotional humiliation and involves the presence of direct intent, systematicity or repetition, aggressiveness and the presence of parties, which is accompanied by an imbalance in their physical strength and social status. The measures taken to improve the legal mechanism for combating bullying require improvement, primarily in terms of overcoming existing legal conflicts and providing it with systematicity and coordination.