Sports Law Research Articles

POJEDINA STATUSNA I RADNOPRAVNA PITANJA ELEKTRONSKOG SPORTA U REPUBLICI SRBIJI

The development of sports law has fundamentally changed the angle of view on the relationship between sports and law, which has long prevailed and manifested itself through the concept of denying the existence of the need to create special sports norms. With a critical approach and theoretical consideration, sports law has separated over time into a special branch of law that seeks to explain the essence of sports specificity, proving that the identity of sports norms arises precisely from the need for a broader view of relationships that arise in sports. As a distinctly social phenomenon, digitalization is beginning to have a strong influence on traditional sports concepts and the principles on which it is based, creating new forms of existence and practice of sports and leading to the emergence of e-sports. Due to the increasingly important role of e-sports in society, the work will be focused on the legal analysis of the position of e-sports in the sports system of the Republic of Serbia. Also, the authors will address the issue of the possibility of application or the need to change traditional principles in the field of sports to e-sports, which means pointing out the need to harmonize certain legal institutes related to e-sports in some places. The research will also include a review of labor and legal aspects of electronic sports, such as the possibility of signing contracts with persons under the age of 15, the possibility of signing contracts with athletes, etc. To answer the questions, we will start the analysis by defining the concept of sports and e-sports in the Republic of Serbia.

İDMANLA ƏLAQƏLİ MÜBAHİSƏLƏRİNİN ANLAYIŞI, MAHİYYƏTİ VƏ HƏLLİNİN HÜQUQİ ÜSULLARI

Sports has become an increasingly important and professionalized sector in our age. The increase in the number of professional and amateur athletes as well as sports organizations in the historical process has brought about an increase in the number of national and international competitions. Parallel to this development, conflicts related to sports have also increased and these conflicts have to be resolved in accordance with the sport's own body. Indeed, settling the disputes that arise especially in international competitions as soon as possible will affect the fate of the competitions. However, the existence of many organizations operating in this field and the inconsistencies that emerged between their decisions and practices increased the need for uniformity in this area. As a judicial authority to meet this need, CAS has undertaken this job. Although the CAS has not closed its door to other alternative dispute resolution methods, it has come to the fore especially with the advantages it provides arbitration. CAS has fulfilled its duty to settle the disputes arising from sports law in a swift and fair manner with the decisions it has made so far. Keywords: Sports law, sports-related disputes, mediation, sports arbitration, CAS

Towards the sportsmanship of contemporary Sports Law: Pending agenda and perspectives from the balcony of interdisciplinarity

As well as the marked development of new technologies and new trends, it is up to the Law to get in tune with the aforementioned new scenario. In this sense, Sports Law is not the exception. However, due to the fact that we are increasingly aware of its great relevance, it requires a fortiori impulse management. We consider that it needs to be carried out in a comprehensive, systemic, interdisciplinary manner, so that Sports Law embraces sportsmanship. Consequently, in this delivery we carry out the development and foundation of our proposal.

CERTAIN ASPECTS OF GENDER EQUALITY IN THE FIELD OF SPORTS LAW

This article examines the main issues of gender equality in sports law. It is noted that in the modern world, such a phenomenon as sports is at one of the leading levels in people’s lives, and at the same time is considered a fullfledged and integral element of the social life of the community. However, the development of sports as well as culture, in particular physical, is not possible without taking into account the fundamental role of law, which is an important tool in regulating civil relations. One of the problems that is relevant today is the legal regulation of legal relations in the field of sports law aimed at protecting women and men from discrimination. Many scientific studies have been devoted to the protection of individuals from discrimination in sports, the study of legal regulation of civil relations in the field of sports law. It is emphasized that one of the main principles of civil law is the principle of legal equality of participants in civil relations, according to which subjects of civil law participate in civil relations on equal terms, are equal before the law, cannot enjoy benefits, and privileges, such as contrary to the law and have the right without any discrimination to equal protection of rights and legitimate interests. The existing gender imbalance makes sport a key lever capable of eliminating gender inequality on a global scale as soon as possible. The strategy of using sport as a tool to achieve gender equality is a transitional measure and should be fully implemented. One of the current topics at present is the problem of defining sports relations between individuals in general, and men and women in particular, due to several reasons. First, sports law is a fairly young and, therefore, insufficiently theoretically developed field of scientific knowledge. Secondly, it should be noted that social relations in the field of physical culture and sports play an important role in the social life of society and the creation of family relations, as they are of interest to almost every citizen of any state, and contribute to the spiritual unity of the various peoples of the world. Thirdly, sporting achievements significantly affect the country's prestige in the international arena, increase interest in it from potential investors, which steadily leads to raised national income, increased gross domestic product, and economic wellbeing. Fourthly, the study of sports relations has a special practical significance, because the correct understanding of the main legal categories, which is a legal relationship, directly depends on both law-making and law enforcement activities. Sports legal relations are characterized by such features as the presence of a special entity – a participant in sports activities; mediation through sports-legal relations of the state policy in the field of sports; the peculiarity of the order and methods of protection of the rights of participants of sports activity; close connection of sports-legal relations with the requirements of sports ethics (social norms, gender equality, and rules of sports ethics, as well as measures of ethical and social responsibility); clear temporal certainty and dynamism.

The EU as a Sports Regulator

The European Union’s engagement with sport has been driven almost entirely by its concern to protect and promote its internal market. Sport went unmentioned in the EU’s foundational Treaties until as late as 2009, and even the relevant amendments which have been effective since that year created only a narrowly drawn competence for the EU to act in the field. It is the EU’s application of the core principles of its internal market, most of all its rules on the free movement of economic actors across borders, on control of anti-competitive practices, and forbidding discrimination based on nationality, with which sport has long had to reckon. And it is that preoccupation with the internal market which has long been regarded with suspicion by governing bodies in sport. The EU, it is alleged, is tied to pursuit of an economic model which is blind to the socio-economic and cultural peculiarities of sport. EU sports law, it is complained, is a sports law which is shaped on the EU’s terms, not those of sport. In this paper I reflect on but reject this criticism. It is certainly true that the bulk of EU sports law is driven by the grand project of converting the territory of the 27 Member States into a single economic space – the EU’s internal market. However I show that the EU’s institutions, most prominently the European Commission and the Court of Justice, have been assiduous in ensuring that the interpretation and application of the rules of the internal market is sensitive to the particular features of organised sport which distinguish it from normal economic activity. The institutions of the EU do not go so far as to accept uncritically every claim advanced by governing bodies in sport for recognition of special status but they are carefully receptive to sincere claims, and they never simply dismiss sport as no different from manufacturing goods or selling services. I depict the lifecycle of EU law’s interaction with sport as a process whereby the EU’s institutions have adapted the Treaty rules of economic law to acknowledge sport’s special features while, for their part, sporting bodies, typically more slowly and grudgingly, have come to accept that their regulatory model has spillover economic effects which mean that simply dismissing engagement with EU law is both legally unfeasible and politically unwise. The reforms of 2009 are emblematic of a more carefully calibrated relationship and, moreover, the strategic value of relying on EU law has lately become visible in the struggle for power in sport, most recently in UEFA's brief collision with the European SuperLeague. I wconclude by suggesting that the EU’s engagement with sport could usefully be elevated beyond its current ad hoc approach to a more proactive ambition.

Whether Sports Liability is an Independent Type of Legal Liability

Sport law as a highly developed complex branch of law regulates legal relations related to the subject of the different branches of law. Liability for violation of rights, non-performance or improper performance of duties is the basis of criminal, administrative, disciplinary and civil liability. However, there is another type of liability and sanctions provided for violation of sport rules. Nevertheless, no commonly accepted opinion has still been formed whether sports liability is a new type of legal liability or not. Therefore, the aim of the research paper, through general scientific methods (mono­graphic method, analytical method, historical method, comparative method, induction deduction) and methods of interpreting legal norms (grammatical, historical, teleological and systemic methods) is to determine the concept and content of sport liability. To reach the proposed aim, the authors of the study have formulated the concept and signs of sports liability, determined the types of a sports offense, analysed non-standard cases that outside the sports industry would not be subject to any liability and have identified main types of sports sanctions.

POLYVARIATE DISPUTE RESOLUTION IN THE FIELD OF PROFESSIONAL SPORTS: DEBATABLE ISSUES

The sports order is formed, including a huge network of various institutions, organizations and regulators, cooperation and participation of public and private entities at various levels, and has its own judicial system, which is based on the International Court of Arbitration for Sport in Lausanne. It is the autonomy of the sports law and order that presupposes the existence of a system of jurisdictional bodies whose activities are aimed at considering disputes in the relevant sphere of relations. At the same time, despite the integrity of the system of sports law and order in relation to public law and order, the internal organizational unity, in particular, the process of resolving disputes in sports relations is quite unbalanced. In the vast majority of cases, the main aspect of the federation is the development of professional sports as such. At the same time, the issues of more detailed legal regulation of relations in the field of professional sports, their protection remain undisclosed, or disclosed in fragments. The above indicates the need for clearer legal regulation of activities in the field of professional sports, in particular in terms of issues raised. In this regard, the observance of two conditions is disputable: Firstly, the possibility of exercising the public organization's powers to regulate the professional sphere. Secondly, ensuring objectivity and impartiality in the consideration of disputes, the outcome of which also affects the interests of the federation as a subject of relations in the field of professional sports.

SPORTS CODE OF UKRAINE: PERSPECTIVES OF REGULATORY REGULATION

The sports order is formed, including a huge network of various institutions, organizations and regulators, cooperation and participation of public and private actors at various levels, and has its own judicial system, based on the International Court of Arbitration for Sport in Lausanne. At the same time, despite the integrity of the system of sports law and order in relation to public law and order, the internal organizational unity, in particular, the process of resolving disputes in sports relations is quite unbalanced. Issues of legal regulation of relations in the field of professional sports, their protection remain undisclosed, or disclosed in fragments. The existing normative legal basis is based on the provisions of three legislative acts, which do not provide the appropriate level of regulation. The above actualizes the issue of codification of sports legislation of Ukraine. This method of systematization of the legal framework ensures the elimination of gaps in the legal regulation of professional sports. In this aspect, the issue of borrowing the legislative traditions of related legal systems, among which the attention of France is paid, is relevant. The publication provides an overview of the French Sports Code in terms of research. The sphere of relations regulated by a codified act is determined. The substantiation of necessity of codification of the sports legislation of Ukraine is resulted.

THE CONCEPT OF SPORTS COMPETITION IN UKRAINIAN LEGISLATION

The article lights up the question of determination of maintenance of concept of sports competition in Ukrainian legislation, as legal determination of its essence is the important element of description of sports legal relationships, and also the features of sports competition open up as a legal category in the sports law of Ukraine. The aim of the article is to study the legal aspects of defining the concept of sports competition in sports law of Ukraine and its legal characteristics. According to the results of the study, it was concluded that sports competition is a complex legal concept, which includes a set of legal-economic, and social elements and, taking into account the analysis, provided an author's definition of this concept. The legal definition of this concept contains an imperative indication that only competitions held by the organizer of sports events can be considered sports in order to compare the achievements of athletes and determine the winners in accordance with the rules of sports competitions and approved by the organizer of sports events regulations. competition that meets the requirements set by the central executive body in the field of physical culture and sports. Sports competition is a system of legal, economic and organizational measures created by the organizer of this event (or a person authorized by the organizer to hold the competition on his behalf and on his behalf), aimed at effective, accurate and complete implementation of approved regulations (regulations) and conditions its holding taking into account the rights and interests of participants, its organizers, spectators and others, including measures necessary to ensure the normal course of the competition and ensure their implementation (raising funds for the competition, renting sports facilities, payment and organization of travel, food, accommodation for participants of the competition, production of symbols of the competition, distribution of tickets, accreditation of the media and other similar activities).

PUBLIC SPORT GOVERNANCE IN THEORY AND PRACTICE: MANAGING AND ORGANIZING PUBLIC SPORT SECTOR WITH A COMPARATIVE ANALYSIS OF BALTIC STATES AND SCOTLAND

Contemporary public sport governance takes place in a very different context than that of past decades. The public sport governance is comprised of a variety of basic aspects that build its managerial basis - legislative base, funding allocation and long-term strategic development. The research problem presented is the seeming ambiguity of the variety of theoretical aspects of public sport governance that define the real-life practice of various public sport governance systems across countries. The aim of research was to examine and analyze the theoretical aspects of public sport governance and to determine the practical differences through the comparative analysis of the public sport governance systems of the Baltic States and Scotland. The research was conducted using monographic and content analysis method to research the variety of theoretical aspects, while the comparative analysis method was applied to compare the public sport governance cases of the chosen countries. The main results of the research present that the available theoretical aspects of public sport governance enable a practical research to be conducted on a wider and detailed scale. The results proved that even the slightest difference between countries within their legal framework could prove its intention in furthering sport sector’s promotion. A definition of the term “public sport governance” was developed and proposed. It could be used in further research of the conceptual and practical understanding within the public governance, policy, sport management, economics and sport law fields as crucial part of the overall public sport governance within the national, regional and international economic framework.

LA PRESUNTA “NEUTRALITÀ” DEL DIRITTO TRASNAZIONALE DELLO SPORT

Sport has reached an economic and social dimension that has led top sports institutions, led by the IOC, to equip themselves with tools to preserve its autonomy. The Olympic Charter aims to achieve this goal through the principle of “political neutrality”, according to which sports leaders often avoid taking a position on thorny “political” issues, which come to concern the protection of the athletes’ fundamental rights, although the same rights appear at least underlying the Charter itself. This work, through a comparative survey that also reflects on the transnational sports law, aims to shed light on the possible contradiction of sports institutions, who struggle to combine the role of sport as a promoter of fundamental rights and social inclusion with the purely sporting (and economic) dimension of the same, which they try to keep away from political conditioning.

Use of technology in sports- a boon or bane?

Sports has grown into a big industry these days. The professional approach to sports, its commer-cial value and spectator interests has brought about substantial changes in how a sport is played and viewed. These changes has brought about eye catching performances from the players and with more and more spectators enjoying sports, the need to judge the application of laws, rules and regulations governing such sports has also changed drastically. The pressure on umpires, referees and judges to be error free is like never before. Given such circumstances how a game is being evolved, how the spectator’s interest is being cultivated and how the impact of any decision is felt by a player concerned is becoming more critical than ever before. With this background a survey was initiated to gather the opinion of various stakeholders to arrive at some logical conclusion on how technology in influencing Law, Rules and Regulations of Sports and Games and if it needs to be so. A specific questionnaire was designed and circulated among interested participants not only locally but across the world. The responses supported the use of technology in sports today though some of the participants felt that technology may not be an answer as a foolproof method to overcome human error.

Cheating in chess: a call for an integrated disciplinary regulation

This article examines recent regulation in the sport of chess with a focus on cheating. On the one hand, disciplinary law in chess could be considered relatively underdeveloped compared with other sports. On the other hand, however, this kind of ‘underdevelopment’ might be appropriate since chess governing bodies have not yet introduced interventionist rules. These two interacting perspectives shape the aim and the objectives of legal research designed to protect the chess community from cheating by suggesting adequate disciplinary measures. The analysis focuses mainly on two forms of cheating: computer-assisted cheating and match-fixing. The broad concept of cheating and relatively young legal regulation in an under-researched sport call for interdisciplinary analysis, therefore, knowledge of sports law, human rights as well as criminology is applied.

PHYSICAL EDUCATION AND SPORT IN THE UNIVERSITY OF BUCHAREST

Background. Physical education is an important component of education in general, along with the intellectual, aesthetic, technical and the moral parts of it. Moreover, it is a process of educating the physique with impact on not one but many aspects of personality formation of each individual. Cucoş considers physical education as one of the "oldest forms of exertion of formative action", having in its composition a number of activities with a role in the development of the human being "by maintaining the harmony between the physical and the mental". The general conference of UNESCO in Nairobi states that: “education, far from being limited to the period of schooling, must extend to all components and fields of knowledge, be acquired through various means and favour all forms of personality development. The educational processes in which they are employed, throughout their lives, in any form, children, young people and adults of all ages, must be considered as a whole. " Objectives. Physical education and sport are an inseparable part of the general education system, representing a necessity in ensuring the balance between intellectual and physical activity. In the conditions of an increasingly intense professional activity, the importance of physical education as a means of improving the regime of life, maintaining and increasing the working capacity of students during the study period, as well as the active resting regime, increases undoubtfully. In non-profile higher education, the training of students should not become a purpose itself. The system of knowledge, skills and motor skills must have a practical, applicative value and find its use in the future profession. The content of the lessons must be reoriented according to the specific of the profession, thus ensuring the possibility of applying the knowledge acquired in the lesson in practice. The purpose of physical education in higher education is to consolidate and maintain health, improve work capacity, improve motor skills and skills, develop intellectual, aesthetic, behavioral and moral traits, stimulate creativity, increase interest for independent practice of motor activities during spare time etc. During student hood, the activities of physical education and sport have as main objective the continuous training and the self-training action of the future specialist. The system of physical education and sport is regulated in Romania by the Law of physical education and sport. The institution that organizes the activity of sport- physical education in pre-university and university education is the Ministry of Education and Scientific Research. The university has 18 faculties, whose students participate in the physical education and sports lessons during four semesters, with a total volume of 112 hours of applications, whose norms are done in groups, the distribution being one lesson of two hours per week. Due to the autonomy of the university, it can be said that there is no unitary line and a common program at the faculty level, especially at the non-profile ones, as there is no well-defined status. Conclusion. There is an increased interest expressed especially by students and less by the management factors, for the improvement and promotion of this discipline, as an efficient and accessible means of training and educating young people. It is necessary to carry out complex national programs for young people, which aim to stimulate interest and to create the habit of systematically and continuously practice of physical exercises in order to integrate more quickly into social life.

The effect of education and sporting experience of iranian premier league football players on their awareness of sports law

The purpose of this study was to investigate the relationship between education and athletic background of Premier League football players on their awareness of sports Law. In this study, descriptive-analytical method and Spearman correlation coefficient were used. Ninety-five percent level was used as the criterion for rejecting the hypothesis. Questionnaires about variables were used to identify the sample group and the main questions about players' legal awareness were used for data collection. The results showed that Pearson correlation coefficient was 0.107, Spearman correlation coefficient was 0.204 and Kendall correlation coefficient was 0.139 and significant was 0.88. There is no relationship between awareness of sports law and the history of sports in the Premier League. Pearson correlation coefficient of 0.388, Spearman correlation coefficient of 0.204 and Kendall correlation coefficient of 0.139 and significant value of 0.001 indicated that there is a relationship between sport legal awareness and education of the Iranian Premier League players.

TRANSGENDER ATHLETES: THE BALANCE BETWEEN PERSONAL DATA PROTECTION AND THE FAIR COMPETITION PRINCIPLE

The right of transgender athletes to participate in sports competitions no longer seems to be in question, even if this is a right only recently established. DSD (Disorders of Sexual Development), having a genetic nature, are more widespread than perceived (about one person affected every 2500 births). To these, we have to add all individuals whose sexual identification arises for psychological reasons. Given that, it is obvious how the question is much more important (in numerical terms) of what is currently emerging. We want to focus on the hard balance between personal data protection and the fair competition principle, after the entry into force of the EU General Data Protection Regulation (GDPR), on 25 May 2018. According to GDPR rules, it is prohibited to process data concerning health or sex life. Thus, data regarding sexual identity and/or any changes in gender-related sex fall under special protection. In terms of sports law, IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism (November 2015) reformed previous Stockholm Consensus on Sex Reassignment in Sports (1973). According to it, the completion of surgical anatomical changes is no longer a sine qua non condition, being sufficient the declaration of the gender by athletes. Recalling how athletes have to compete according to the fair competition principle, we wonder if European regulation collides with the respect of this principle. How can we balance them? How can we solve this conflict under the GDPR rules, coordinated with the norms of legal sports systems?

Right to Not Be Forgotten (Sometimes): Celebrity Privacy Rights in a Data-Driven World

Access to data plays a crucial role in how society consumes entertainment. The realms of entertainment, media, and sports law traditionally rely on a bundle of privacy and publicity rights that, when taken together, form a protective legal shield for celebrities. These rights range from invasion of privacy to libel and slander to misappropriation of name, image, and likeness. Public figures are now looking to the ongoing advent of groundbreaking privacy regulations around the world to add more tools to their legal arsenal. However, to what extent have they given up, or signed away, such rights?

Human rights in sport: interaction of international legal and сorporate standards

INTRODUCTION. In some areas of international sports regulation, it is lex sportiva (for example, the establishment of rules for sports competitions) or the law created by the State / States (for example, the fight against crime in sports) that plays a dominant role. In a number of areas, international sports law and lex sportiva exercise regulatory impact simultaneously. The purpose of the article is to examine how these two sets of regulations contribute to the observance of human rights in sport. The author's three goals were to analyze the process of interference of regulatory efforts based on examples of prohibiting discrimination, using lex mitior, and countering doping in sports.MATERIALS AND METHODS. In each case, the author listed the applicable international legal acts and acts of lex sportivа, studied the domestic and foreign doctrine, used the jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Arbitration for Sport (CAS).The author utilised such general scientific methods as the substratum (content), structural and system approaches. The comparative and hermeneutical approaches should be named as specific scientific methods that were used.RESEARCH RESULTS. Th author characterised the content of the international legal and corporate standards that have been formed in the spheres of prohibiting discrimination, using lex mitior, and countering doping. As a result of their comparison, she comes to the following conclusions: international law and lex sportiva are unanimous in their intent to eliminate discrimination in sports; lex sportiva seeks to apply the legal standard of lex mitior; in the field of anti-doping, a number of inconsistencies have been identified between international legal and corporate standards recognized by lex sportiva.DISCUSSION AND CONCLUSIONS. The prohibition of discrimination is an example of harmonization, as a result of which the requirements of international sports law and lex sportiva complement and strengthen each other. The second case is an example of the successful reception by lex sportiva of the legal concept of lex mitior, which is well-known to national and international law. When countering doping at the present stage, it is lex sportiva that dominates, and the failure to fully comply with the requirements of "due process" and, in particular, with the presumption of innocence in respect of professional athletes is a cause of concern to the academic community and the ECtHR.

Korean Sports Crime and Its Responsibility for the Enactments of Sports Law

Sports are a significant part of people’s lives around the world. According to modern sports theory, sports are defined as “the sum of physical activities as games and play including competition” (Ryu, 2001, p.11). In Korea, along with the expansion of various areas (i.e., education, economy, etc.), improvements in sports are being made at the national and cultural level. Accordingly, sports-related laws are also being reorganized by enacting important principles (Kang, 2005). The purpose of this paper is to discuss the history and theory of sports law and sports crimes in Korea by referring to existing studies. In Korea, sports crimes are currently addressed by only a few general laws, such as Article 1 of the National Sports Promotion Act and Article 1 of the Sports Industry Promotion Act, that cannot deal with many different types of sports crimes. The field of sports will develop more and more, and it would lead to more crimes. It is highly required to strengthen and supplement sports laws to protect people’s rights and interests, and by extension, the movement would create a healthier sports community.

Законодательная база регулирования физкультуры и спорта в Кузбассе (1985–2008 гг.)

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.