I. Articles and Researches

 

ON DEFINITION OF THE CONCEPT "SPORT"

Igor V. Ponkin
Professor, Russian Presidential Academy of National Economy and Public Administration

Abstract:The article is devoted to research of the approaches to definition of the concept sport” from a legal point of view. This article describes the approaches of various authors on the subject, are quotes from the laws of foreign countries in the world.
Keywords: sports law, sports, professional sports, amateur sports, sports legislation. (p.7)

 

THE INSTITUTIONAL AUTONOMY OF SPORT AND THE LIMITS OF THE FREEDOM IN THE EMPLOYMENT RELATIONSHIP

Olga Shevchenko (Ph.D)
Assistant Professor, Department of Labor Law and Social Security Law, Moscow State Law University

Abstract: This article is devoted to the impact of lex sportiva regulations on employment relationship of athletes and coaches. The article analyzes lex sportiva regulations and their impact on the Russian labor law in the following areas: whether lex sportiva regulations are binding directly for workers – athletes, coaches and employers – sports clubs without their specification in the labor law; what are the limits of impact of lex sportiva regulations on the rights and obligations of the subjects of sports in the employment relationship; whether such impact leads to blur the boundaries between labor and civil law; to which extent can mandatory sports provisions be introduced into labor law. This context helps identifying some trends of the autonomy of sport imperatives, determining features of employment relationship in the sphere of physical education and sports.
Keywords: lex sportiva, autonomy of sport, employment relationship, labor law, athletes, coaches, sports clubs. (p.13)

 

THEORETICAL BASIS OF THE SYSTEMATIZATION THE SPORTS LAW

Andrey Soloviev (Dr.)
Judge, Chairman of judicial board Commercial Court of the Moscow Region, Russia

Abstract:The article is devoted to the basic theoretical and legal issues of systematization of legislation, on the example of sports law.
The author offers his own definition of the terms "systematization of legislation" and "codification of the law," is a theoretical legal concept of functional ontological cycle of systematization of legislation in a particular field, analyzes the main stages of the process, and concludes the complex nature of the industry of sports law and availability of relevant complex branches of law.

Keywords: sports law, sports law, classification, codification, decodification, re-codification, foreign experience. (p.22)

 

PATENT LAW IN THE SPORTS SPHERE

Anna Kouznetsova
Lawyer, Netherlands

Abstract: Article is devoted to features of the patent law in the sports sphere. Here you can find peculiarities of patent rights in this area.
Keywords: intellectual property law, patent law, sports, sports law. (p.30)

 

LEGAL ASPECTS OF SPORTS TOURISM PROTECTION, GREECE AND EUROPEAN UNION

Dimitrios P. Panagiotopoulos
Prof. University of Athens, Advocate, Attorney-at-law
President of IASL
(p.34)

 

PECULIARITIES OF PUBLIC ADMINISTRATION IN THE SPORTS SPHERE

Alena I. Ponkina (PhD)
Lawyer, Lecturer of Sports Law Chair of the Kutafin Moscow State Law Academy, Russia

Abstract: The article is devoted to the features of the development and current state of public administration in the sports sphere. Shows types of management in sports and especially that characterize the state administration in the sports sphere as well as features the subject field of public administration in the sphere of sports. Here you will find the author's definition of «government in the sports sphere», shows the key features of interaction of government and self-government in the sports sphere.
Keywords: sports, sports law, public administration, self-government, autonomy of sport, public authorities. (p.40)

 

II. Special Researches

 

ISSUES OF LEGAL REGULATION OF MEDIATION IN SPORT

 Maksim Aleksandrovich Pogorelov
General Manager, Russia

Abstract:This article analyzes the existing scientific concepts of mediation, the legislative approach to the concept of mediation in relation to the field of sports, signs and forms of mediation in sports. The problems are identified, the solutions are offered.
Keywords: Mediation, athletes, coaches, physical education and sports, sports disputes. (p.47)

 

SIGNIFICANCE OF SPORT AT THE WELFARE STATE

Evgenia O. Khomchenko
Post-graduate student of the Chair of Legal Support of State Moscow, Russia

Abstract: This article focuses on the significance of sport in the social security guarantees system. The article reviews basic statutory social security guarantees, their implementation in the sport area, and the position of sport in the general social security guarantees system.
Keywords: social security guarantees, sport, sport law, sport activities, physical activity. (p.51)

 

FEATURES OF LEGAL REGULATION AND GOVERNANCE IN THE SPORTS SPHERE IN AUSTRALIA

Sergei Botnev
Russian Presidential Academy of National Economy and Public Administration

Abstract: The article is devoted to the study of modern features and trends of Legal Support and implementation of the public administration in sphere of sports in Australia. The article describes a system of government in the sphere sports. The article describes the characteristic features of the model of the Australian legal maintenance of sport and Legal Support of public administration in sports. The article also gives an overview of the documents that guide the development public administration in the sphere of sports in Australia.
Keywords: public administration in sphere of sports, public policy, sports, public policy, sports, administrative law, sports law, Australia, comparative studies. (p.56)

 

INVESTIGATION AND RECORD OF ACCIDENTS IN THE FIELD OF PHYSICAL EDUCATION AND SPORTS

Mikhail Yurievich Maliuga
Head of the Administration for Regional Cooperation of the Russian Olympic Committee Moscow, Russia

Abstract:The article analyses accidents in the field of physical education and sports, detects the gaps and formulates offers for the improvement of the law of the Russian Federation in the field of regulation of labor protection and investigation, record of accidents with the participation of athletes, coaches, sports referees who are not bound by labor relationships. The article provides the maintenance of records of the above accidents in electronic form, which enables a significant increase of the speed of exchange and access to the information. Moreover, further the experience of investigation and record of accidents with the participation of individuals who are not in a labor relationship may be used in other fields of public relations in order to improve the labor protection mechanisms.
Keywords: Accidents, athletes, coaches, investigation and record of accidents, physical education and sports. (p.64)

 

RESTRICTIONS ON THE RIGHT TO PARTICIPATE (TRAIN) IN SPORT (by the example of swimming) UNDER RUSSIAN LAW

Sergey Yurlov
Moscow state University, law department, Russia

Abstract:Whilst the Russian legislative regime recognises the right of its citizens to participate and compete in sport, certain sporting competitions only permit a certain category of competitor. In this paper examined   whether the rules and regulations of such competitions and University sport need to be changed in order to allow all to participate, as Russian law mandates. In addition, the author suggests the solutions for existing legal problems. Through this study, sports law practitioners hope to correct defects in the legal regulation of sport in general, and frequent violation of the rights of athletes.
KeyWords: legal problems; legal issues; regulation; realization of rights; athletes; swimming; Russian law; rights of athletes; athletes of different categories. (p.69)