I. Articles and Researches

 

LEGAL RELATIONS OF PARTIES INVOLVED IN PROFESSIONAL SPORTS

Wang Xiaoping
Professor, China University of Political Science and Law, China

Abstract: With China's rapid development of professional sports, various contradictions have emerged, which have brought about many legal problems. The definition of professional sports, the approach to regulating the relations of the relevant parties of professional sports in the process of market operations, and the role of respective sports federations in its activities, are the common concern of scholars. This article analyzes the legal relations mainly from the angle of the legal relations among professional sports federations, clubs and athletes so as to have a more clear understanding and hope that it will be rendered as a reference for China’s professional sports legislation.
Keywords: Professional Sports; Parties Involved; Legal Relations (p.131)

 

OFFENCES COMMITTED BY SPORTS FANS AND SANCTIONS FOR OFFENCES

Igor V. Ponkin (Dr. of Law)
Professor, Kutafin Moscow State Law University, Russian Presidential Academy of National Economy and
Public Administration, Moscow, Russia


Abstract:
The article is devoted to research of the offences committed by sports fans and sanctions for such offences. This article describes the elements of offences committed by sports fans during and in connection with mass sport events, sanctions against the sports fans who committed offences during and in connection with sport events.
Keywords: violence at sport, sports law, sport, sports legislation, offences committed by sports fans, sport events, sanctions against the sports fans. (p.141)

 

CONTRACTS OF PROVIDING AND OFFERING SPORTS SERVICES

Dimitrios P. Panagiotopoulos
Professor, University of Athens, Attorney-At-Law in Supreme Court, Greece


Abstract:
Particularly, in this paper, investigated the relations between professional and remunerated athletes and their clubs or sports public companies, as well as every aspect of the employment and of the relevant agreements. In the  “Lex Sportiva” area the athletes, according to what is above mentioned, are divided into  categories: Amateur athletes,  remunerated and professional athletes.
Keywords: Sports services, Amateur athletes, professional athletes, agreement, contract, player, contractual obligations, employment disputes, contra lege. (p.149)

 

NATURE AND FEATURES OF SPORTS AND EMPLOYMENT CONTRACT IN PROFESSIONAL SPORT

Olga A. Shevchenko (Ph.D. in Law)
Assistant Professor, Kutafin Moscow State Law University,
General Secretary of the International Association of Sports Law, Moscow, Russia


Abstract:
The article discusses the various campaigns to determine the nature and characteristics of sports labor contract in professional sports. Analyzes the types of contracts by professional athletes and coaches, identifies key features of sports and labor contract, defining its unique legal nature, especially its form and content.
Keywords: sports employment contract, professional sports, sports and labor relations(p.169)

 

EVOLUTION OF SPORTS LAWS AND GLOBALIZATION PROCESSES

Andrey A. Solovyev (Dr in Law)
Judge, Chairman of Judicial Board Commercial Court of the Moscow Region,
Professor, Kutafin Moscow State Law University, Moscow, Russia


Abstract:
This article analyzes fundamental trends in development of national and foreign sports laws in the context of globalization processes. The author explores modern trends of sports law evolution that have a decisive effect on changes in international sports law and sports law in individual states, and identifies key directions for the development of sports law in a medium to long term perspective.
Keywords: sports, sports law, globalization of sports, development trends of sports laws, foreign experience (p.179)

 

MEDIATION & SPORTS
... a new perspective

Evi Avlogiari
(M.Med&Jur) Avlogiari, Lawyer, Accredited Mediator and an Accredited Trainer for Mediators, Thessaloniki, Greece


Abstract
:
Mediation is an alternative system of solving disputes between parties, with the assistance of a third, objective party, the mediator, who assists the parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to resolve the dispute and the terms of resolution. Through mediation, the solution of differences is often achieved faster and more economically compared with the traditional courtroom and formal judicial procedures. At the same time relations between the parties involved are protected. Mediation may be viewed as a "win-win" procedure, in which both sides benefit upon reaching a solu­tion of their dispute. (p.184)

 

THE SALE OF BROADCASTING RIGHTS OF SPANISH FOOTBALL COMPETITIONS UNDER COMPETITION LAW

José C. Páez
Lawyer, former Legal Counsel at FIFA; LLM in EU Law, Postgraduate Diplomain EC Competition Law; LLM in Business Law; and LLM in Sports Law; Spain


Abstract:
This article has been prompted by the decision of 28 November 2013 bythe new Spanish Markets and Competition Authority imposing a Euro 15 million fineon the audiovisual company Mediapro and the Spanish professional football clubs Real Madrid CF, FC Barcelona, Sevilla FC, and Real Rácing Club de Santander for failingto comply with a 2010 decision by the former Spanish competition authority setting theterms of the sale of broadcasting rights of Spanish football competitions. The aim is topresent the series of proceedings leading up to the fi ne as well as to examine in detail thespecific terms and conditions of the contracts under review that have been held to be inbreach of the 2010 decision. Similarly, this article outlinesthe legal framework for theacquisition of broadcasting rights of football competitions in Spain in the aftermath ofthe recent fining decision and briefy refers to the planned introduction of mandatory collectiveselling of broadcasting rights by the new Spanish sports law (yet to be enacted).
Keywords: broadcasting rights; competition law; Spain; football; monitoring; competitionauthority. (p.196)

 

 

II. Special Researches

 

EUROPEAN UNION: FROM THE ARTICLE 165 TFEU TO REALITY

Vassiliki Kapogianni
Ph. D in Political Science,International Relations &European Studies, Paris II, Pantheon - ASSAS, PARIS


In the context of article 165 of the Treaty on the Functioning of the European Union, the Council of the European Union established a strategic framework having as a primary goal to support the development of quality of education by encouraging and supporting cooperation amongst Member States respecting their responsibility for the content and the organization of the educational systems, their cultural and linguistic diversity. Therefore, the EU has turned its attention to encouraging and promoting European sport issues, taking into consideration the specific nature of sport, its structure, based on voluntary activity and its social and educational function whilst promoting democratic values, social cohesion, creativity and innovation. 
All the above, give us the opportunity to proceed to a close examination of the article 165TFEU and its applicability which, mainly, aims to sustainable economic prosperity and social and professional fulfillment of all European citizens. (p.205)

 

SPECIFIC LABOUR REGULATIONS OF FOOTBALL PLAYERS IN RUSSIA

Denis I. Rogachev (Ph.D. in Law)
Head of Sports Law Department, Kutafin Moscow State Law University*, Moscow, Russia


The Russian Football Union regulates the work of football players and, to a lesser extent, of football coaches, through five main regulations:

1. Regulations of the Russian Football Union on the status and transfer of football players
2. 
Regulations of the Russian Football Union on dispute resolution
3. 
Regulations of the Russian Football Union on certification of football players
4. Regulations of the Russian Football Union on football clubs licensing in the Russian Federation (or similar in purpose Regulations on attestation of second division football clubs)
5. Regulations on relevant professional football competitions (p.211)

 

LEGAL POSITION OF THE MONTENEGRIN SPORTS SYSTEM

Marko Begovic
International Affairs Advisor at the Directorate for Youth and Sports


Abstract:
This paper aims to analyze the Montenegrin sport system, focusing on the regulatory framework. Given the democratic goals of the new Montenegro, the positioning of sport in the legal system of Montenegro should show a level of autonomy within the state’s system. The key word in the report is autonomy. Ambiguity of the concept of autonomy (from whom, and to what extent) is found.  Differences are explored between levels of autonomy in the way sport is governed in Montenegro. (p.222)

 

SUCCESSFUL PRACTICES OF EFFECTIVE PUBLIC MANAGEMENT OF SPORTS IN AUSTRALIA

Sergei V. Botnev
Russian Presidential Academy of National Economy and Public Administration, Moscow, Russia


Abstract:
This article provides administrative law analysis of the contents, structural, financial and other peculiarities of public administration of sports in Australia at the federal and local levels, with emphasis on aspects which are interesting for the world practice of public management in physical culture and sports. Preferred directions and mechanisms of development of administrative law groundwork and enhancement of public administration of sports in Australia which may be used as reference in consideration for the global practice has been covered.
Keywords: public administration of sports, sports, administrative law, sports law, Australia, sports management system. (p.231)

 

THE RIGHT OF SPORTSMEN TO RECEIVE HOUSING FROM THE GOVERNMENT

Olga Y. Sidorina
Russian Presidential Academy of National Economy and Public Administration, Moscow, Russia


Abstract:
This article considers the right of sportsmen to receive housing from the government as form of social support and incentive for outstanding sporting achievements at the level of a constituent entity of the Russian Federation.
Keywords: right, sportsman, social support, housing, subsidy, laws and regulations of entities of the Russian Federation. (p.236)

 

SPECIAL LEGISLATION OF ADDITIONAL HOLIDAYS FOR ATHLETES AND COACHES

Alexandr Zmushko
Graduate student of labor law and social security law at the University named after OE Kutafin (MSLA), Russia


Abstract:
The domain and depth of legislative regulation of annual and additional paid leaves of athletes and coaches vary from country to country. In some Eastern European countries (Bulgaria, Hungary, Poland, Romania, Slovakia) as well as Russia, leaves were regulated primarily by virtue of legislative acts and other regulations adopted on a centralized basis (although recent years have witnessed increasing significance of collective agreement-based regulation) whereas in developed countries legislation has a smaller role to play. (p.240)

 

THE COMPETENCE OF FIFA DISCIPLINARY COMMITTEE IN REVIEWING DOPING-RELATED CASES

Maurício Ferrão Pereira Borges
Attorney-at-law (Dr. jur., LL.M.), Brazil


Abstract:
This study concerns the legal aspects of the review of penalties in doping cases under the international sports law. The focus is particularly the practical experience of the authors in similar cases as well the acceptability of a review regarding anti-doping rule violations and the competence of the FIFA Disciplinary Committee to judge such a review in light of the FIFA Anti-Doping Regulations and the FIFA Disciplinary Code. (p.244)

 

THE STUDY ON THE STATUS QUO AND COUNTERMEASURES OF SPORTS INSURANCE IN UNIVERSITIES

Li Yi, Li Chen
China University of Political science and Law


Abstract:
The success of the Beijing Olympic Games and major sporting events worldwide accelerate the development of sports insurance in China. University sports, as the training base of competitive sports talents, the vehicle of school sports development, and the bridge of expanding the team of mass sports through cultivating the awareness of lifelong physical exercise, needs sports insurance to take up the three tasks above. In developed countries, sports insurance is an important part of the sports industry. There are high insurance penetration and density among people. And relevant laws and regulations of sports insurance are also very sound. In China, however, sports insurance just emerges and it is in need of relevant policies and laws. The type of commercial insurance lacks specificity. In this paper, the object of the study is university sports. The paper proposes countermeasures and suggestions of popularizing and developing university sports insurance though analyzing the status quo. The study employs the method of documents and expert interviews. It is concluded that the sports insurance will be the effective way to remedies of injury accidents losses in university sports. The main reasons for the slow development in China’s sports insurance are the lack of contents concerning sports insurance in sports law and relevant laws and policies as well as professionals in sports insurance.
Keywords:University sports insurance, status quo, law, countermeasures. (p.250)

 

THE FUNDAMENTAL PROBLEMS OF RUSSIAN SPORT LEGISLATION

Sergey Yurlov
Moscow State University, Law Department, Russia


Abstract:
 
Moscow State University, examines whether the Russian sport legislation need to be changed in order to allow all sportsmen to participate, train and have another sportsman’s rights as Russian law mandates. The article provides an overview of the Russian Federation sport legislation model. 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; rights; sport; amending; issue; sport disputes. (p.257)

 

* Author is  a Ph.D. in Law, Head of Sports Law Department, Kutafin Moscow State Law University,Member of Consultative and Analytical Working Group at the Council of President of the Russian Federation for Promotion of Physical Culture and Sports,Counsel of the President of the Russian Football Union, Moscow, Russia