SPORTSANDGAMBLING: HISTORY AND REALITY

Nikolay L. Peshin ( LLD, JSD),
Vice-Rector for Research Russian International Olympic University
Law Faculty Professor Lomonosov Moscow State University, Russia
Anatoly N. Peskov (PhD)
Lector of the Russian International Olympic University,
Member of Board, International Association of Sports Law (IASL), Russia

Abstract: The article is devoted to gambling associated with placing bets on sporting events. The authors analyze the history of gambling and its distribution in Russia today, evaluate the state's role in this process, as well as legal and criminological problems associated with the operations of bookmaker offices and totes, including Internet.The main purpose of the article - to draw the attention of the sports community and the Government of Russia on the need for correction policies aimed at the expansion of gambling in the Russian Federation.The authors offer to prevent proliferation of advertising of gambling via the internet and media, to take measures for limiting growth of betting shops, especially in sport facilities, near to youth sports school, and virtual gambling industry.
Keywords: gambling, ludomania, bookmaker office, tote, bet on sporting event, interactive bet.

 

THE PROBE INTO THE BASIS OF LEGISLATION FOR SPORTS ARBITRATION IN CHINA
Wang Xiaoping
Research Center of Sports Law in China University of Political Science and Law

Abstract: Up to now, there has not been sports arbitration system in China. Though hard, it is fruitful for the endeavor of administrative department, legislative institutions, experts and scholars to realize the multiplex solution mechanism for sports disputes and try building the arbitration system suit for our national reality as well as getting integrated into the international sports tradition. It is necessary for China who is regarded as sporting superpower to perfect itself regulation on sports. This article describes the recent constructive situations of the sports arbitration and analyses the legislative basis conflicts existing between the sports law and the arbitration law. At the same time, the possibility of exhibition of sports arbitration system probed into in this article is wished to be valuable for the improvement of the regulation on sports.
Key words: arbitration for sports in China, legislation, discussion

 

SPORTS IN THE WELFARE STATE

Evgenii V. Aristov, PhD (Law)
Perm State University*, Russia

Abstract: The article touches upon the concept of "sport for everybody" as a part of the welfare state ideology in the countries of Western Europe. It shows segments and aspects of sports which within the welfare state.
Keywords: sports, welfare state, welfaring of the state, Constitutional Law, Sports Law, public benefits, solidarity.

 

THE ITALIAN SYSTEM OF EVIDENCE IN SPORTS TRIALS

Anna Di Giandomenico
PhD – Assistant Professor University of Teramo*

Abstract: The sports trial system seems to be vitiated by an essential lack of investigative powers that limits its possibility of obtaining evidence to be examined at the hearings.
It is an essential limit that marks every judicial sports proceeding, due to the fact that it's often based evidentiary material which has a constitutively alleged reliability, because or based on the acquisition of evidence from witnesses or material that can't be subjected to validation, having been received by another judicial source.
So the analysis of such a system for obtaining evidence highlights a number of critical legal issues, whose effects will reverberate on the pursuing of justice in the sports field. They are effects that can find partial justification as soon as the specificity of the judicial sports system will be considered, because of its necessity to respond in quick times, often dictated by the need for organization of tournaments; as well as if we consider all within the larger framework of the sports legal systems, characterized by an intrinsic conventionality and, therefore, from an essential lack of sovereignty.
Keywords: Sports Legal System, Sports Procedural Law, Legal Theo

 

EXPLAINING ATHLETES' CIVIL LIABILITY:
A STRATEGY FOR REDUCING SPORT OFFENSES

Mahsa Mokarrami
"M. A" at private law from Thehran's Islamic Azad university a member of Iran's scientific association of sport law, Iran

Abstract: As the sport is considered as an effective educational and moral way, especially for the youth, with being regarded as a scientific mirror More than before, it seems helpful if it , as a new field of sport law, is used in routing activities since this can prevent offenses committed by athletes. Additionally , it can guarantee implementation of certain types of sport events together with practicing the disciplinary Punishments and club Fines. Also, some Liabilities could be defined and predicted for the athletes one of which is civil liability. A consideration of this liability and being informed of it in sport society will significantly contribute to solve the problems.
Keywords:civil liability, athlete, sport offense, law sport, sport Morality.

 

AUTONOMOUS EXTRALEGAL REGULATORY ORDER IN THE FIELD OF SPORTS
Igor V. Ponkin (Doctor of science (Law),
Professor, Kutafin Moscow State Law University*,Moscow, Russia
Alena I. Ponkina (PhD (Law)
Lecturer, Kutafin Moscow State Law University*Moscow, Russia

Abstract :"This article investigates the origins of the concept of sports regulatory order, definition of the sports regulatory order, features of interaction of public order and sports regulatory order. Definitions of public order and autonomous extralegal regulatory order in the field of sports are also given in this article.
Keywords: sports legal order, sports regulatory order, administrative law, public administration, sport, public administration in sports sphere, sports law, regulation of sport, autonomy of sport.

 

SPORTS MEDICINE: CONCEPT AND CURRENT ISSUES

Alexandra A. Ponkina(PhD (Law)

Deputy Director of the Institute of relations between the State and religious denominations and Law*Moscow, Russia

Abstract :The article investigates the actual problems of legal regulation and functioning of a modern sports medicine.
Keywords: sports law, sports medicine, sports, health of athletes.

 

SPORTS: GOVERNING BODIES AND REGULATION IN INDIA

Bhishek Deshpande
National Law School o India University, Bangalore,India

Abstract: his article is specifically concerned with the introduction of present Sports Governing Bodies in India and Legal provisions which govern sports. The subjects were randomly selected by the author.
In the first part the article explains a definition of sports in the state of Kerala which is probably the lone state in India which has defined sports. Second part portrays the constitutional provision in India which has not been given a separate status to sports, which might manifest the exact viewpoint of the framers of the constitution. The third and fourth part depicts the hierarchy, role & responsibilities of the sports' governing bodies and the recent judgment which twists the situation regarding the power to constitute a law related to sports in the country.
The fifth part highlights the compilation of provisions of various legislations which govern the matters related to sports which, in absence of the specialised legislation provides various routes to escape the remedy which contradicts the primary principle of sports law.
In conclusion, the articles points out the ways in which the state regulates sports in India, power of both governments i.e. Centre and State to legislate sports and the need to incorporate a SPECIALISED SPORTS LAW!
Keywords: ports law India, sports governing bodies, specialised legislation, India.

 

THE FUNCTION OF THE HELLENIC FOOTBALL FEDERATION WITHIN THE LEGAL FRAMEWORK

Dimitrios P. Panagiotopoulos
Professor in Sports Law, University of Athens,
Advocate, Attorney at-Law in Supreme Court and Council of State
President of the International Association of Sports Law (IASL), Greece
Angelos Patronis
Lawyer, Candidate University of Athens, Greece

Abstract: The Greek sports federation, in accordance with the law, is the highest form of organization of the sports clubs practicing the same sports or being active in the same sector of sports activity.In this paper is presented a detailed analysis of the function of the Hellenic Football Federation within the Greek legal framework following threats from FIFA and UEFA to ban Greek football from international competitions unless amendments were made to Greece's new sports law.

Keywords: Sports Federation, Hellenic Football Federation, FIFA, UEFA, FIFA regulations , international competitions.

 

A TYPICALLY ITALIAN ANOMALY: SPORTS TIED CONTRACTS (Ilvincolosportivo)

Maria Francesca Serra
Contract Professor atUniversità degli Studi Niccolò Cusano Roma and Attorneyat law

Abstract: In Italy, to engage in sport competitions, people must join a sport club (signing the "cartellino") and must sign a partnership agreement binding them to a National sport Federation.
It raises a particular constraint between sportspeople, club and Federations, because this contract is a required act, and the athletes, signing it, are obliged to belong to non-professional National sport Federations, or to non-professional sections of professional Federations, to provide the ownership of their performance to clubs.
We must try t understand if it 'possible to combine a range of different interests: the right to freely practice sport activities and the future of sport, since sport organizations have this duty.
In our past, this tie represented a non compete clause between club and athletes. Today, this tie persists in a tempered form, only for non-professional sport.
The possibility of with drawl from an association is submitted to the payment of charges, generally a associated to age of the athletes.
It's an abnormal situationbecausethefreedomofassociationshouldincludethefreedomofdissociation, but it doesn't happen with he tie.
The survival of tied contracts gives raise to a lot of contradictions and inconsistencies with principles and laws of National and European legislation.
Keyword: Partnership agreement, National sport Federation ,Non-professional sport, Tied sport contractsm,Freedom of association and dissociation

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