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Abstract

<jats:p>The article analyses the peculiarities of legal regulation and judicial consideration of cases related to bullying in the educational environment. It examines the legal basis for bringing administrative liability for bullying under Ukrainian law and analyses certain aspects of judicial practice in applying the relevant legal norms. The procedural features of the consideration of bullying cases are examined, in particular the issues of evidence, the formation of the evidence base and the requirements for drawing up a protocol on an administrative offence. The role of evidence in establishing the fact of an offence is determined, in particular the explanations of participants in the educational process, witness testimony, written and electronic materials, as well as other factual data that may confirm or refute the circumstances of the case. The importance of proper procedural formalisation of materials is emphasised, since shortcomings in the drafting of the report or insufficient evidence may make it impossible to bring a person to administrative responsibility. It was noted that bullying cases are considered in accordance with the general principles of judicial proceedings, in particular legality, fairness of judicial proceedings, legal certainty, adversarial proceedings and equality of the parties. The need for clear formulation of charges, ensuring the right to defence and compliance with fair trial standards in accordance with national legislation and the practice of the European Court of Human Rights was emphasised. It was concluded that effective counteraction to bullying in the educational environment requires a comprehensive approach, which includes proper regulatory and legal regulation, timely response of educational institutions to reports of bullying, as well as proper procedural support for the consideration of relevant cases. It has been established that important conditions for the effective protection of the rights of participants in the educational process are the proper collection and evaluation of evidence, compliance with the principles of fair trial, and timely notification of the competent authorities about cases of bullying. Keywords: bullying, administrative liability, educational environment, evidence, judicial practice, protection of children’s rights, administrative proceedings.</jats:p>

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Keywords

bullying educational evidence legal judicial

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