On 6 October 2024, amendments to legislation came into force in Ukraine that increase the liability of heads of educational institutions for failure to fulfil their anti-bullying obligations. In accordance with the new provisions of Article 26(3) of the Law of Ukraine on Education. Principals of schools and other educational institutions are required to notify the police and the Children’s Service in writing of cases of violence or cruel treatment, including bullying.
Such notification must be submitted within one day of receiving a statement or complaint, if signs of violence are detected. In addition, the manager is obliged to inform the parents or legal representatives of the affected child.
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Bullying is recognised as a form of violence
The Law ‘On Amendments to Certain Laws of Ukraine on Preventing Violence and Preventing Cruelty to Children’ expanded the definition of cruelty to children to include bullying. Bullying is defined as systematic psychological, physical, economic or sexual violence, including through the use of electronic means of communication. It violates the rights, freedoms and legitimate interests of a child and interferes with his or her normal development.
According to the Education Ombudsman, bullying remains a widespread problem in educational institutions. However, previously, the lack of a clear requirement for written notification made it difficult to consider such cases in court, which prevented the perpetrators from being brought to justice.
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Liability for failure to report bullying
Heads of educational institutions who ignore the obligation to inform in writing are subject to administrative liability. According to Article 173-4 of the Code of Administrative Offences, failure to report to the police can result in a fine of UAH 850 to 1700 or correctional labour for up to one month with a deduction of up to 20% of earnings.
The Education Ombudsman actively monitors compliance with these requirements. If violations are detected, appropriate appeals are sent to the police. Since the beginning of the current ombudsman’s work, several such reports have already been sent.
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Improving legal regulation
The work on the draft law No. 6393-d, which provides for these changes, was carried out with the participation of the Education Ombudsman. It was her proposal to introduce mandatory written notification by heads of educational institutions that was taken into account in the final version of the law.
The legislative changes are aimed at improving the effectiveness of combating bullying and other forms of child abuse, as well as ensuring children’s rights to protection and safety in the educational environment.
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