Combating Bullying in European Countries: Criminal Legal Aspects

Abstract

The article analyzes the statistical indicators of bullying and cyberbullying, examines the theoretical and legal issues of their definition and modern understanding in different European countries. It was found that bullying is not characterized by the specificity of the act, but by the peculiarities of the Mens Rea.The article highlights the features of anti-bullying policy of different European countries, presents their general provisions. It was found that in all European countries, criminal liability for bullying is not provided, but some of its manifestations lead to criminal liability, forming a component of other offenses such as stalking; harassment; physical violence; incitement to suicide; incitement to violence and discrimination based on racial, ethnic, religious or national characteristics, so-called "hate crimes"; sl; computer crimes; sexual violence against minors, crimes against property, etc. However, based on socio-cultural circumstances, anti-bullying laws are constantly changing and supplemented by new provisions. The article presents the experience of Great Britain, France, Spain, Italy, which shows the existence of criminal law on combating grooming, "hate crimes", personification, invasion of privacy, which addresses the issue of criminal liability for acts that have signs of bullying. The general modern European tendencies concerning responsibility of minors for commission of acts which have signs of bullying are established. The synthesis of foreign experience allowed to identify general patterns and see a comprehensive approach to solving the problem of bullying among foreign countries, which allowed to identify weaknesses in domestic legislation. Against this background, the state of criminal law regulation of bullying in Ukraine is briefly analyzed and proposals for harmonization of national legislation on combating bullying are formulated.