Kvasha R. S.

The scientific-practical Law Journal
“Almanac of Law” Volume 13 (2022), 215-221 p.

DOI: 10.33663/2524-017X-2022-13-35

Kvasha R. S. Stalking (obsessive persecution): foreign experience of criminal counteraction

During the full-scale aggressive war that Russia has waged and is waging against Ukraine and the Ukrainian people in violation of international law, committing crimes against humanity, the number of acts of violence and persecution in the temporarily occupied territories of our country has increased significantly. Globalization, including information, digitalization of virtually all spheres of life, leads to the emergence of new forms of violent crime, as well as other deviant behavior. Such neologisms as “bullying”, “stalking”, “mobbing”, “harassmient”, “hazing” and others, which denote various forms of violent deviant behavior, have become commonplace for the general population. The characterization of violence will not be complete without considering its form of persecution or stalking.

The word “stalking” is of English origin from “to Stalk”, which means to walk in a special way, cautiously and stealthily. Apparently, this origin of the word “stalking” turns it into a term with a definite meaning, based on the connection between the term “stalking” and hunting and actually gives an idea of the stalker’s behavior – covert persecution of the victim by a hunter who does not take into account which is persecuted, and also points to a series of unwanted communications between them, which creates fear in the victim. That is, stalking in the understanding of human relations involves the persecution of one person by another, which is aimed at violating his personal security and causes fear, insecurity, helplessness, insecurity, anxiety, emotional discomfort, stress and complete destabilization of another person’s daily life.

Today in foreign countries the problem of persecution, the consequences of persecution and the prevention of persecution is well developed.

Criminalization of persecution is a worldwide practice, which testifies to the transformation of violent crime in the world with the tendency to its globalization and universalization of criminal remedies. Legislators of foreign countries define the order of public relations in different ways: personal freedom (Germany, Austria), human health (Latvia), human rights and freedoms (Georgia). Qualifying signs of persecution are considered to be the commission of an act by a criminal against a helpless minor, a disabled person or a pregnant woman; a group of people; repeatedly; by abuse of office. Obsessive persecution is characterized by the necessary degree of public danger, which is the basis for the criminalization of such illegal behavior in the Criminal Code of Ukraine. The need for such changes is due to the impact of globalization on the development of crime, current trends in the spread of violent crime in Ukraine under martial law, as well as foreign experience.

Key words: stalking, obsessive persecution, violence, victim, personal freedom.


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