LEGAL SUPPORT FOR COMBATING HARASSMENT IN HIGHER EDUCATION INSTITUTIONS: INSTITUTIONAL MECHANISMS AND CRIMINAL PROCEDURAL RESPONSE

Abstract

The article examines the legal support for combating harassment in higher education institutions in combination with institutional mechanisms and criminal procedural response. The distinction between harassment as a socio-legal category and specific types of unlawful behavior is substantiated. It is emphasized that harassment is not defined by the Criminal Code of Ukraine as an independent component of a criminal offense, however, some of its manifestations may acquire criminal legal significance. The normative principles for the formation of a safe educational environment, the Strategy for the Implementation of Gender Equality in Education by 2030, and the Procedure for Responding to Cases of Discrimination on the Basis of Gender, approved by the Resolution of the Cabinet of Ministers of Ukraine dated February 18, 2026 No. 226, are analyzed. It is established that higher education institutions are not directly included in the scope of this Procedure, however, its model can be a guideline for improving local mechanisms. A proactive institutional model with the identification of responsible subjects, accessible procedures, confidentiality and protection of personal data is substantiated. The inadmissibility of transforming a university commission into a subject of a “quasi-pre-trial” investigation is proven. Its tasks are to record the report, ensure the safety of participants, preserve information and transfer it to the competent authority in the event of the discovery of circumstances that may indicate the commission of an administrative or criminal offense. It is proven that the internal review of a report of harassment cannot be a mandatory preliminary stage of criminal proceedings or a “filter” for access to criminal justice. If there is information about circumstances that may indicate the commission of a criminal offense, the issue of entering information into the Unified Register of Pre-Trial Investigations is resolved in accordance with Art. 214 of the Criminal Procedure Code of Ukraine, regardless of the conduct of an internal review. It is established that institutional response materials and digital information do not automatically acquire the status of evidence, and their procedural significance is determined in accordance with the requirements of the criminal procedural legislation of Ukraine. It is proposed to consider the institutional mechanism and criminal proceedings as interconnected, but autonomous legal mechanisms.