Stalking as a criminal offense: problems of implementing an effective pre-trial investigation mechanism in Ukraine

Анотація

The article examines the phenomenon of stalking as a form of unlawful behavior that violates fundamental human rights, including the right to the inviolability of one’s home; the right to privacy of correspondence, telephone conversations, telegraphic and other communications; and the right to non-interference in personal and family life. It analyzes international experience in the criminalization of stalking and identifies legal gaps in Ukrainian legislation. Special attention is given to the absence of a clear legal qualification of stalking as a criminal offense in the Criminal Code of Ukraine and the legal consequences of this omission. The article substantiates the need to introduce stalking as a separate criminal offense, which would allow for the implementation of effective pre-trial investigation mechanisms. The authors propose a definition of stalking and describe key investigative actions to be applied in stalking cases. The study also considers the social, psychological, and legal aspects of the phenomenon, enabling a comprehensive approach to its examination and counteraction.