Qualifications, protocol and evidence in bullying cases

The article analyses the peculiarities of bringing to administrative liability for bullying (harassment) within the educational process. The author focuses on the application of Article 173-4 of the Code of Administrative Offences in the judicial practice of 2020-2025, which demonstrates a significant percentage of closed cases. The author systematises typical mistakes in law enforcement: incorrect qualification of an offence, in particular, due to incorrect identification of the subject of liability; formal approach to drawing up protocols, as well as lack of proper evidence. The author analyses the difficulties of determining the age limit for persons who commit acts with signs of bullying, given that children under 16 cannot be subjects of administrative liability. At the same time, it is noted that parents should be held liable in cases where a child commits acts with signs of bullying, even under the age of 14. The author substantiates the expediency of appointing an expert examination in cases where there are doubts as to whether a child is aware of the significance of his or her actions. Particular attention is paid to the content of protocols on administrative offences, which often do not meet the requirements of Art. 256 of the Code of Administrative Offences and Art. 173-4 of the Code of Administrative Offences. Some examples of judicial practice illustrating typical mistakes in drafting the plot of the protocol are considered: the systematic nature of actions, the type of violence, specific dates, time, place of commission of the act and the damage caused are not indicated. The author emphasises the need to establish uniform criteria for determining the systematic nature of bullying, similar to domestic violence, which has already been established by the Supreme Court. It is noted that the collection of evidence in bullying cases should be based on a combination of written statements, explanations, audio, video, photos and other materials, etc. It is important to document at least three episodes of bullying, indicating the date, time, place and type of violence to confirm the systematic nature of the violence, as well as to indicate what harm was or could have been caused. On the basis of the scientific research, the author proposes to improve the structure of Article 173-4 of the Code of Administrative Offences and to amend Article 184 of the Code of Administrative Offences in order to establish systematicity and regulate the subjects of responsibility for the offence.