Classification of Transfers in Sports

Abstract

The increase in the number of conflict situations that arise when athletes and coaches are transfered to other employers is due, among other things, to the lack of a unified theoretical approach to the definition of this concept and, therefore, the delimitation of sports transfers from related phenomena. At present, a relatively small number of scientific works are devoted to the classification of sports transfer, which seems to be a significant gap in the theoretical understanding of sports transfers that needs to be filled. The paper proposes a classification of sports transfers depending on the type of jurisdiction to which the subjects of the sports transfer belong (national and international); the period of its implementation (permanent and temporary; its subjects (transfers of athletes and coaches). Some types can be distinguished between from the point of view of forms of labor regulation sports transfer: a) transitions (transfers) based on termination of the employment contract concluded with the previous employer in the manner established by paragraphs 3, 4 of Art. 77 of the Labor Code of the Russian Federation, Article 80 of the Labor Code of the Russian Federation, and on concluding a new employment contract with a new employer; b) transitions (transfers) involving the termination of an employment contract by agreement of the parties (clause 1 of Article 77 of the Labor Code of the Russian Federation) with the subsequent conclusion of an employment contract with another employer; c) transitions (transfers) in the order of transferring an employee to work for another employer (clause 5 of Article 77 of the Labor Code of the Russian Federation); d) transitions (transfers) in the order of temporary transfer of an athlete to another employer in the manner established by Article 348.4 of the Labor Code of the Russian Federation. The absence of reasons for identifying a sports transfer with a change of sports citizenship is substantiated.