Development In Sports Law & Trends 2021:
Today sport is a crucial element within the socio-economic lifetime of the state and therefore the individual citizen, it is one among the important tools for the event of diplomacy.
As emphasized in one among his speeches, President of the Russia D.A. Medvedev, “the importance of sport for any society cannot be overestimated, especially for a growing society, for strengthening the state. Therefore, what we do today is, in fact, one among the foremost important state priorities” 1. Without the huge development of sports in our country, it is impossible to make a healthy lifestyle, solve demographic problems, increase the country’s achievements and authority in big-time sports within the international field house.
The basis for the fashionable ization of the modern system of physical culture and sports, the event of mass and large-scale sports in Russia is that the improvement of the system of norms, i.e., the legal and regulatory framework governing this area of PR.
Over the past decade, sports in Russia became even more popular and commercialized. the expansion of professionalism both within the gaming arena and beyond, widespread media coverage, the increase within the cost of rights to broadcast sports matches, sponsorship and investment activities, the expansion of the sports betting market most over the planet, the event of the advertising component of sports marketing, and far more have made from sports an industry with multi-billion-dollar turnover.
|Development In Sports Law & Trends 2021|
The development of the sports industry also connects with itself the emergence of variety of problems: the utilization of doping, including with a fatal outcome, corruption within the field of sports, violence, security problems (clashes between fans, construction of safe sports facilities), non-observance of the principle of the Olympic truce by the parties to conflicts , violation of the “Fair play” principle, and far more, the answer of those problems is impossible without a regulatory framework that defines effective mechanisms for resolving the above problematic issues both within one country and at the international level, taking under consideration the specifics of national legislation.
The development of sports law during a particular country, and sometimes in its subjects, directly depends on the extent of development of the national sports movement, and as a result, on the quantity of monetary and investment flows, the complication of legal relations and therefore the emergence of the necessity for his or her more detailed regulation. So, for instance, in some countries, like France, Spain, Brazil there is a codified statute “Sports Code“, in some US states there’s a group of laws regulating relations within the field of sports, especially within the state of Arizona: Title 5 ” Recreation and Sports “Updated Arizona Statutes, Washington: Title 67 Sports and Recreation – Accommodation, Washington Codes; Delaware: Title 28, Sports and Recreation, Delaware Statutes; Montana (Montana):
In the Russian scientific and legal field, the creation of a sports code of Russia is being actively discussed. A.A. Solovyov even developed the Concept of the draft of the Sports Code of Russia. In Russia at the instant, the most law regulating PR within the field of sports is that the Federal Law “On Physical Culture and Sports within Russia.”
Today, sports law is often considered a posh but completely independent branch of Russian legislation.
The relevance of this branch of law is primarily thanks to the complication of the structure of civil legal relations within the field of sports that originally existed in Russia, for instance , such as: labor relations between a sports club and athletes, regulation of sports competitions and therefore the emergence of latest civil law relations, such as: agency services for athletes, administrative and Civil Liability for (Anti-Doping Rule) Violations and Default, Special Insurance for Athletes.)
With all the growing diversity of civil legal relations within the field of sports in Russia, there is a drag within the fragmentation of the legal regulations governing these legal relations in Russia. to not mention the very fact that in individual legal acts of the relevant ministries, the corresponding subdivisions of the administrations of the constituent entities of Russia, there are provisions that significantly supplement the Federal Law “On Physical Culture and Sports within Russia.”
The fact that Russia will host the Olympic Games in Sochi and therefore the World Cup on its territory at an equivalent time means that specialize in physical culture and sports, also as on eliminating problems within the field of legal regulation, special attention from the state, in reference to which the subject of this text is acquires special relevance.
In Art. 3.1 of the Charter of the WFTU, approved on January 27, 2006, contains a rule consistent with which the rights of the organization include “the right to conclude contracts and agreements with members of the National Swimming Teams, regulating the mutual rights and obligations of the Federation and athletes of the members of the National Swimming Team within the course of preparation and performances at international competitions “.
Thus, a singular practice arises when the norms governing the labor legal relations of athletes and coaches are contained both in traditional sources of labor law and in acts of international non-governmental and domestic public organizations. additionally, both systems of sources of labor law include local regulations that play the role of primary legal regulators. Particularly noteworthy are the norms approved by international sports federations, which, as a rule, are mandatory for the members of their organizations to satisfy the functions of the most tools for the event of the sports movement during a certain sort of sport during a particular territory.
I consider it reasonable to form the subsequent changes to the Labor Code of the Russian Federation: Part 1 of Art. 5 of the Labor Code of the Russia shall be supplemented with the subsequent paragraph: “Acts of international non-governmental and domestic public organizations”, and partially 3 of Art. 348.1 of the Labor Code of the Russia , replace “taking under consideration the norms approved by all-Russian sports organizations” with “taking under consideration the norms approved by international non-governmental and domestic sports organizations.”
Russian legal doctrine identifies five sources of law: normative legal act, norms of law of nations, judicial precedent, legal custom, normative treaty. The prevailing point of view is that this list is closed. However, it is impossible to not take under consideration other sources of law, for instance, acts of public organizations recognized by the state, since the acts of such organizations have a way greater influence on many legal relations than acts of state authorities and native self-government bodies.
Summing up what was said within the work, i would like to mention the following: today sports law may be a separate complex branch of legislation, also as an independent educational discipline in many European countries, within the USA, and recently it is begun to develop in Russia. it is difficult to mention unequivocally whether Sports law may be a separate branch of law since there are constant disputes on the Russian legal field over the question of whether Sports Law has its own method and subject of legal regulation? Personally, Sports Law features a subject, and on the difficulty of getting my very own method, I consider it permissible to accept as true with the opinion of P.V. Krasheninnikov. and Alekseeva S.V., that sports law can still be called a separate branch of law, at an equivalent time I consider this issue to be of fundamental importance,
The array of legal and regulatory framework governing legal relations within the field of sports in Russia is currently quite voluminous and fragmented, especially with reference to regional legislation, international acts ratified by the Russia and acts of public organizations (sports federations, associations, clubs, etc.) but playing a crucial role within the regulation of the sports movement in Russia. i think that the experience of France, Switzerland and Brazil within the codification and improvement of sports legislation should be taken under consideration to simplify access to the regulatory framework for all interested parties, even those without education, and eliminate the contradictions and fragmentation of the regulatory framework governing relations within the sphere of physical culture and sports.
But i feel it is especially important to specialize in the inclusion of corporate norms of sports federations within the Sports Code of Russia, with the creation of a separate section. I am sure that with such a scientific approach, it will be possible to scale back the general array of the regulatory framework governing the relevant PR, especially to clarify the standards for the appliance of individual norms within the constituent entities of Russia, which have their own significant array of regulatory legal acts. it is the sports federations that are the most tool for the event of the sports movement in Russia and within the world, and, as practice shows, it is on the idea of the established internal norms and rules that, first, the connection of athletes with other participants within the sports movement, the organization and conduct of sports events, etc.