LABOR RELATIONS IN SPORT: PROBLEM ISSUES AND PROSPECTS FOR THEIR SOLUTION

Abstract

The article is devoted to the coverage of problematic issues of legal regulation of labor relations in sports and to identify ways to solve them. Supported approach which sports relations are divided into two main groups – private and public. Emphasis is placed on the fact that sports activities in Ukraine are extremely common, but in terms of labor law, the legal regulation of sports activities is quite low. It is emphasized that the nature of such relations affects the subject of sports law, which is also determined by the complex branch of law by the dominant number of scholars. The approach according to which the sports contract acts as a special form of the employment contract is divided. Recognizing that professional sports are largely regulated by labor law, emphasis is placed on the fact that under certain conditions, employment relations also apply to non-professional sports (coaching activities, amateur sports clubs and sports organizations, etc.). A conclusion is made about the complex nature of legal relations in sports. It is emphasized that labor relations in sports, despite their importance, are not sufficiently regulated. Attention is drawn to the fact that the nature of the relationship between the employer (sports organization) and the employee (athlete) has a public-law nature. It is stated that professional sport is a special form of work and requires a clear regulation of the mutual rights and obligations of the employer and the employee (employment contract in the form of a sports contract). It is proposed to explore the possibility of incorporating sports legislation of Ukraine through the adoption of a sports code. The need to improve the legal regulation of professional sports activities through labor law is indicated.