In the dissertation on the basis of the complex analysis of modern scientific domestic and foreign developments, the current national, international and foreign regulatory framework, the theoretical generalization and the new decision of problems of realization of the administrative and legal mechanism of bullying prevention is carried out, proposals and recommendations for improving the current legislation in this area.
It is determined that bullying is a socially negative phenomenon that manifests itself in the commission of systematic, intentional, abusive acts, externally expressed in action or inaction, one participant in the educational process (group of such persons) – bully (offender), in relation to another (group of such persons) – the injured party (victim), are negative in nature and are carried out for the purpose of physical, psychological, moral and economic pressure and are characterized by inequality of the parties. The signs of bullying with their division into general (mandatory) and additional are singled out.
It was found out that the administrative and legal mechanism of bullying prevention in Ukraine is a complex system consisting of a set of legal instruments (methods, forms and means) and procedures regulated by the norms of administrative law, by means of which the subjects of public administration carry out administrative and legal regulation of relations related to actions aimed at prevention and counteraction to bullying in Ukraine and bringing to justice those responsible for committing the relevant administrative offense, in order to ensure the rights, freedoms and legitimate interests of individuals (participants in the educational process), and as well as ensuring law and order and a safe educational environment.
Proposals and recommendations for the development of legal regulation of bullying prevention, which should be carried out at three levels (national, regional and local), within which a number of changes and additions to current legislation governing the administrative and legal mechanism of bullying prevention in Ukraine. In particular, at the national level it is necessary: to develop and adopt a profile Law of Ukraine «On prevention and counteraction to bullying»; to develop and adopt the Standard Regulations of the educational institution on the prevention and counteraction to bullying; provide for the obligation of the Ministry of Education and Science of Ukraine to update and revise the Action Plan aimed at preventing and combating bullying in educational institutions every five years; to introduce the position of the Commissioner for prevention and counteraction to bullying; to develop a domestic comprehensive Internet resource for combating and preventing bullying; develop a special free anti-bullying mobile app. At the regional level, it is necessary: to strengthen the preventive activities of the subjects of preventing and combating bullying; to develop a unified Plan for the coordination of bullying prevention entities, the provisions of which should be integrated into the Plans to prevent and combat bullying in specific educational institutions. At the local level, it is expedient: to enshrine at the legislative level effective administrative procedures to combat bullying in educational institutions, to provide for the possibility of mediation between the bully and the victim; to improve the existing system of self-government in educational institutions in Ukraine, primarily by involving students in the process of preventing and combating bullying.
Keywords: administrative and legal mechanism, administrative and legal regulation, bullying, prevention of bullying, counteraction of bullying, normative and legal mechanism, organizational and institutional mechanism.
