The mechanism of legal protection against stalking. Comparative legal analysis of the sources of criminal law of foreign countries
Bibliographic record
Abstract
The article is devoted to the problems of the mechanism of legal protection against stalking. One of the mechanisms of legal protection in the countries of the Anglo-Saxon legal system is a restraining order. The analysis of sources of criminal legislation of foreign countries is presented by such countries as the Russian Federation, Finland, Great Britain, USA, Canada. The USA is represented mainly by the Criminal Code of the State of Washington, on the example of which the institution of a special order for protection from prosecution is considered. The purpose of this study is to consistently study and examine in detail the mechanisms of legal protection against stalking. As a means of legal protection, the institute of a restraining order is considered as an effective legal mechanism with the help of which judicial protection against unlawful encroachment by stalker-pursuers is carried out. The study of the described phenomenon seems relevant in connection with the frequent cases of stalking in Kazakhstan, allows you to track patterns in calls, responses to threats of such illegal phenomena and assess the effectiveness of remedies. The scientific significance of the study lies in the results obtained, which expand the theoretical foundations of this phenomenon, the causes of its occurrence and ways to combat it. The methodological basis of the research is the dialectical-materialistic method of cognition of social processes and phenomena. In the framework of this article, general scientific, legal, comparative-legal, formal-logical, concrete-sociological methods, as well as the method of system analysis were used. The article examines the types of restraining orders, similar norms and measures to protect victims of stalking, analyzes statistical data, and identifies a number of problems associated with the use of such methods of legal protection. The author concluded that a court order that would prohibit stalker-stalkers from performing certain actions, in general, is an effective measure to prevent a number of negative consequences for stalking victims, in some cases suppresses further illegal actions, and in case of its violation, increases the responsibility of offenders. The value of the conducted research lies in the description and evaluation of the means of protection of victims of stalking and the analysis of the sources of criminal legislation of these foreign countries, the identification of problems of the mechanism of their legal protection. The practical significance of the results of the work lies in the subsequent opportunity to apply the knowledge in the work of practicing psychologists, lawyers, lawmakers and human rights defenders in their activities, advocacy projects, recommendations and their own conclusions. The terms «stalking» and «stalking» in this article are equivalent.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.002 |
| Science and technology studies | 0.001 | 0.003 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".