LEGAL COMPOSITION OF AN ADMINISTRATIVE OFFENSE, THE RESPONSIBILITY FOR WHICH IS PROVIDED FOR ARTICLE 173-4 OF THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES

Abstract

In the article at the current stage of the state's development, the legal composition of an administrative offense is defined, the responsibility for which is provided for in Article 173-4 of the Code of Ukraine on Administrative Offenses: object, objective side, subject, subjective side. The author singles out the general, generic and direct object of bullying. The direct object includes social relations that arise during the educational process, health, honor and dignity of the participant in the educational process. It was found that the objective party is expressed both in action and inaction, depending on the part of Article 173-4 of the Code of Ukraine on Administrative Offenses, under which a person is held accountable. Attention is focused on such a mandatory feature of bullying as systematic, and the need for its legislative enshrinement in the provisions of the Code of Ukraine on Administrative Offenses. The expressed opinion is that for the qualification of an act as bullying, the place of commission of the offense should not be of key importance. The position is justified by the fact that in this case only the connections between the participants of the bullying – participants of the same educational process – are important, and the place where the bullying takes place (educational institution, yard, Internet, public place, etc.) is not important. It was found that the subject of the offense depends on the part of the norm, according to which the person is held responsible, but a common feature was highlighted – a specific status – a participant in the educational process. Accordingly, a conclusion was made about a special subject of bullying. It was noted that the offender will not always be the subject of the offense due to his age. Emphasis is placed on the problems of the qualification of the offense in this case, the positions of domestic scientists. It was established that the subjective side of bullying is characterized by an intentional form of guilt, when a participant in the educational process is aware of the illegal nature of his action, foresees its harmful consequences and wishes or consciously allows these consequences to occur. The purpose and motive of committing this administrative offense are optional features. It was concluded that the presence of all elements of the composition of an administrative offense is mandatory for the qualification of an act under Article 173-4 of the Code of Ukraine on Administrative Offenses.