Analysis of judicial practice in cases of bullying at the institutions of professional (vocational) education

O. H. Yushkevych

doi:10.32631/pb.2022.1.09

O. H. Yushkevych Kharkiv National University of Internal Affairs https://orcid.org/0000-0003-0024-6070

DOI: https://doi.org/10.32631/pb.2022.1.09

Keywords: bullying, judicial practice, professional education, applicants for education, minors.

Abstract

The article is devoted to the monitoring of court decisions rendered by courts in the period from 2019 to 2021. in cases of administrative offenses, the subject of which is the bullying of participants in the educational process at the institutions of professional (vocational) education. It is determined that the subjects of professional (vocational) education include applicants for professional (vocational) education and teachers who are potential parties to bullying: the offender (buller), the victim (victim of bullying), observers.
It is noted that bullying is a consequence of violation by subjects of professional (vocational) education of the rights of other subjects of professional (vocational) education and their responsibilities under general and specialized regulations.
It is established that the objective side of most cases is the actions of applicants for professional (vocational) education, which led to psychological and physical violence.
It is noted that in bringing juvenile applicants for professional (vocational) education to administrative responsibility on a general basis in most cases, the court imposed an administrative penalty in the form of community service.
Emphasis is placed on the fact that the court obliges applicants for professional (vocational) education to pay the court fee, but, given the property status of the minor, the court may release the latter from paying the court fee.

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Author Biography

O. H. Yushkevych, Kharkiv National University of Internal Affairs

Candidate (Ph.D.) of Law, Associate Professor.

References

Biswasab, T., Scott, J. G., Munirg, K., Thomas, H. J., Mamun Huda, M., Hasan, M., De Vries, T. D., Baxter, J., and Mamun, A. A. (2020). Global variation in the prevalence of bullying victimisation amongst adolescents: Role of peer and parental supports. Clinical Medicine, 20. https://doi.org/10.1016/j.eclinm.2020.100276.

Chapell, М., Casey, D., De la Cruz, C., Ferrell, J., Forman, J., Lipkin, R., Newsham, M., Sterling, M., and Whittaker, S. (2004). Bullying in college by students and teachers. Adolescence, 39(153), 53–64.

Cole, D., Lubarsky, S., Nick, E., Cho, G., Nunez, M., Suarez-Cano, G., Jacquez, F., Mick, C., Zhang, Y., Lovette, A., Ford, M., Lu, R., Gabruk, M., and Rodgers, J. (2020). The Peer Victimization in College Survey: Construction and validation. Psychological Assess, 32(9), 851-871. https://doi.org/10.1037/pas0000888.

Filonenko, S. S. (2018). Administrative and legal mechanism of preventing the bulling in domestic higher education institutions. Legal Horizons, 12(25), 48-53. http://www.doi.org/10.21272/legalhorizons.2018.i12.p48.

Hryb, V. V. (2021, November 22). Review of case law on bullying. Protocol. https://protocol.ua/ua/oglyad_sudovo_praktiki_shchodo_bulingu/.

Kravchenko, T. (2019). The fight against bullying: case law. Local Government, 7. https://i.factor.ua/ukr/journals/ms/2019/july/issue-7/article-45488.html.

Kulyk, T. O. (2021). Prevention of counteraction to violence in an educational institution [Conference presentation abstract]. Materials of the II All-Ukrainian Forum “Socio-psychological and legal aspects of combating violence in educational institutions”. Dnipro, Ukraine.

Lane, D. A. (1989). Bullying in School: The Need for an Integrated Approach. Professional Development Foundation, 10(3), 211-215. https://doi.org/10.1177/0143034389103007.

Olweus, D. (1993). Bullying at school: What we know and what we can do. Blackwell Publishing,

Pohorilets, O. V. (2020). Pedagogical Workers as Objects of Bullying. Law and Safety, 1(76), 139-145. https://doi.org/10.32631/pb.2020.1.20.

Skorbun, I., and Slobodian, T. (2020). Prevention of violence in educational institutions: a guide for teachers. Women’s Health and Family Planning Charitable Foundation.

Thornberg, R., Baraldsnes, D., and Saeverot, H. (2018). In search of a pedagogical perspective on school bullying. Nordic Studies in Education, 38(4), 289-301. https://doi.org/10.18261/issn.1891-2018-04-01.

Tomchyshyn, O. (2020). Features of administrative responsibility for bullying. Slideshare. https://www.slideshare.net/okcanatom/ss-234625674.

Ttofia, M. M., Farringtona, D. P., and Lösel, F. (2012). School bullying as a predictor of violence later in life: A systematic review and meta-analysis of prospective longitudinal studies. Aggression and Violent Behavior, 17(5), 405-418. https://doi.org/10.1016/j.avb.2012.05.002.

Zvarych, I. M. (2020). Parables in the students’ education at higher learning institutions of Ukraine and the United States. Youth&Market, 2(181), 36-41. https://doi.org/10.24919/2308-4634.2020.211799.