Risk in professional sports: issues and ways to solve it in the constitutional and legal field

Abstract

Professional sports activities are always closely associated with numerous risks (risk of injury or even death of the athlete, the risk of using illicit drugs - doping, aleatory (risky) activities - bookmakers, sweepstakes, etc.). It is a direct violation of the Constitution of Ukraine, which proclaims the inalienable right of every person to life (Article 27) and recognizes it as the highest social value (Part 1, Article 3).
 Constitutional law, as the basic law, regulates social relations in all spheres of society. Accuracy, understanding, logic, consistency of legal norms - the main principles of constitutional rule-making, which not only prevent violations of rights, freedoms and legitimate interests of individuals and citizens, but also require careful study and detailed discussion of all bills in scientific and professional environment. Instead, in jurisprudence, the risk is one of the least studied legal categories, which does not take into account the realities of today and does not meet the requirements of modern society.
 The purpose of the article is to review and constitutional and legal analysis of the problem of risk in professional sports.
 The concept of risk in law is studied. The concept of "sports risk" as a kind of social risk is analyzed; its features are clarified, the subject, object and subject are specified. The classification of sports risks is considered. Particular attention is paid to the use of doping as one of the most common risk factors in the field of professional sports today.
 The need to immediately resolve the problem of risks on the level of the newly adopted Law of Ukraine "On Professional Sports" was emphasized. The expediency of establishing criminal liability for doping and any actions related to it (storage, manufacture, sale, transportation, etc.) is substantiated. Only in this case, the problem of risks in professional sports in general, and doping in particular, can be successfully solved.