Is It Needed to Criminalize Abuses in the Field of International Sports?

Abstract

In the article, a thorough analysis of legislation in the sphere of sport regulation is carried out; The status of the organizers of international official sports competitions is explored in detail. Particular attention is paid to the IOC. The author broadly describes the structure of the IOC administration, the powers of the IOC governing bodies, addresses the issue of the fairness of IOC referring to non-profit organizations, indicating high profitability from international Olympic activities, as well as sole ownership and disposal of the Olympic property. Attention is also drawn to the specific status of the IOC as a pseudo-judicial body.Further in the article questions of a legal status of participants of the legal relations arising in connection with carrying out of the official international sports competitions are mentioned. It is concluded that the provisions of the Olympic Charter contradict the UN International Covenant on Civil and Political Rights of 1966, which prohibits any discrimination on any grounds. The deprivation of the citizen’s right to know about the reasons for the refusal to realize the legitimate interest, in the author’s opinion, is a specific form of abuse of the law.The problem of criminal liability for abuse of persons performing administrative functions in international organizations, in the sphere of organizing and organizing international sports competitions is raised. It is proved that the current Criminal Code of the Russian Federation and its art. 184, 201, 230.1, 230.2 do not fully protect the rights and legitimate interests of stakeholders, which is also confirmed by the fact that the extent of the practice of applying these prohibitions does not ref lect the actual extent of the problem. The author analyzes the current criminal legislation of the Russian Federation on the responsibility for the abuse of persons performing managerial functions in the non- state sector (including in the sphere of organizing and holding international sports competitions), and the practice of its application; shows that the relevant legislation does not provide for the purposeful prevention and suppression of socially dangerous actions of persons exercising authority in the sphere of organizing and conducting international sports competitions in sports, for abuses that are associated with violation of the rules established by the regulations (charters) of such organizations, as well as with use of their powers in violation of the principles of international law, which caused significant harm to the rights and legitimate interests of the athlete new and teams of athletes, organizations, law-protected interests of the state. In this regard, it is proposed to supplement the Criminal Code with a new article 201.3 «Abuse of powers in the organization and conduct of official international sports competitions».