Criminal-Legal Characterization and Problems of Qualification of the Facts of Committing Bullying

Relevance: The relevance of the study is due to the fact that currently only administrative responsibility is provided for bullying (cyberbullying). However, the facts of bullying, which entailed serious consequences, require qualification according to the elements of crimes provided for by criminal law, which in practice causes certain difficulties. Purpose: The purpose of this article is to consider the normative legal norms establishing the legal consequences of harassment, to present its criminal legal characteristics and to analyze the characteristics of the qualification of the facts of its commission. Methodology: In the course of the study, the formal legal method and the method of analysis and synthesis were used, which made it possible to achieve the purpose of the study. Results: The result of the study was the study of the main legislative novelties concerning bullying (bullying), as well as the presentation of a theoretical criminal law model of the phenomenon under consideration. The main problems faced by the domestic law enforcement officer in qualifying the fact of bullying are highlighted and possible solutions are presented. Conclusions: The practical significance of the study lies in the fact that it is the scientific study of such a phenomenon as bullying (cyberbullying) that will contribute to solving the issue of its criminalization. The establishment of clear scientific criteria for criminalization of acts should become reliable guidelines for the research process.

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Publication Details

Journal
Journal of Lifestyle and SDGs Review
Published
2025-02-04
DOI
https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe03828
Primary Topic
Stalking, Cyberstalking, and Harassment
Type
article
Field-Weighted Citation Impact
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article

Criminal-Legal Characterization and Problems of Qualification of the Facts of Committing Bullying

Aleksandr G. Kan, Yeleusizova Gulmira Kaztayevna, Aiya Irmenova, Andrey Brylevskiy et al.
Journal of Lifestyle and SDGs Review
Stalking, Cyberstalking, and Harassment
article

Criminal-Legal Characterization and Problems of Qualification of the Facts of Committing Bullying

Aleksandr G. Kan, Yeleusizova Gulmira Kaztayevna, Aiya Irmenova, Andrey Brylevskiy, Serik Yedressov
article en

Abstract

Relevance: The relevance of the study is due to the fact that currently only administrative responsibility is provided for bullying (cyberbullying). However, the facts of bullying, which entailed serious consequences, require qualification according to the elements of crimes provided for by criminal law, which in practice causes certain difficulties. Purpose: The purpose of this article is to consider the normative legal norms establishing the legal consequences of harassment, to present its criminal legal characteristics and to analyze the characteristics of the qualification of the facts of its commission. Methodology: In the course of the study, the formal legal method and the method of analysis and synthesis were used, which made it possible to achieve the purpose of the study. Results: The result of the study was the study of the main legislative novelties concerning bullying (bullying), as well as the presentation of a theoretical criminal law model of the phenomenon under consideration. The main problems faced by the domestic law enforcement officer in qualifying the fact of bullying are highlighted and possible solutions are presented. Conclusions: The practical significance of the study lies in the fact that it is the scientific study of such a phenomenon as bullying (cyberbullying) that will contribute to solving the issue of its criminalization. The establishment of clear scientific criteria for criminalization of acts should become reliable guidelines for the research process.

Journal of Lifestyle and SDGs ReviewVol. 5(2)
Supélec (FR)
Openalex Percentile: Top 97%
Stalking, Cyberstalking, and Harassment
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