The legal phenomenon of lex sportiva in the international sports law

2020 ◽  
Vol 10 (4) ◽  
pp. 168-183
Author(s):  
Artem Bredikhin
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
The European Union ◽  
Sports Law ◽  
National Legislation ◽  
Sports Organizations ◽  
Cross Border ◽  
Lex Sportiva ◽  
Lex Mercatoria ◽  
Special Rules

The development of sports law is directly related to the nature of sports, whose legal relations must have uniformity and stability, achieved through regulation by special rules created by international and national sports organizations – lex sportiva. This paper is devoted to lex sportiva as one of the most important tools for regulating cross-border relations in the field of sports. The author examines the origin and legal nature of lex sportiva as well as its impact on national legislation in the field of sports. Moreover, the author elaborates on possible meanings of this notion: lex sportiva as a set of rules of self-regulation, as a set of decisions of the Court of Arbitration for Sport, as a legal principle, as a phenomenon of implementation, and as a criterion for determining the amount of compensation. The author discusses the use of lex sportiva by the Court of Arbitration for Sport in the context of dispute resolution, since this court has formed an extensive judicial practice throughout its existence, which, together with the rules of national and international sports organizations, forms an important part of lex sportiva. In this regard, the author draws parallels with the related source of cross-border law – lex mercatoria, and also considers situations in which there are conflicts between lex sportiva and the norms of international law and rules of national legislation. In the field of sports, such legal conflicts are resolved by the principle of lex specialis derogat legi generali, according to which the rules of lex sportiva prevail over national law, providing a principle for the autonomy of sports. The first mention of the recognition of this principle is contained in the sources of law of the European Union. Finally, the author comes to the conclusion that the generally recognized two-dimensional understanding of lex sportiva as a doctrine and as a set of norms of self-regulation in sports is outdated, since it does not fully reveal the essence of the legal phenomenon, since it does not reflect all its properties which are manifested in the situations of legal regulation of relationships in the sports field. The exclusive role of lex sportiva is predicted to resolve international legal and organizational conflicts in the field of sports caused by the COVID-19 pandemic.

scholarly journals Reforming of legislation on the residues of veterinary medicinal products in foodstuffs of animal origin as a component of Ukraine food security

2020 ◽  
Vol 22 (100) ◽  
pp. 108-115
Author(s):  
I. Berezovska
Keyword(s):  
Food Security ◽  
Legal Regulation ◽  
Economic Security ◽  
Animal Origin ◽  
The European Union ◽  
Medicinal Products ◽  
Association Agreement ◽  
National Legislation ◽  
The Eu ◽  
Veterinary Medicinal Products

It is known that the food security of the state, aimed at providing the population with quality and healthy food, is an important component of economic security. Recent developments in the world and national security challenges posed by the Covid-19 virus pandemic necessitate a reassessment of approaches to the legal regulation of issues that significantly affect human health. Today, the reform of the relevant national legislation on FAR residues in food requires a systematic and holistic approach and the definition of its priorities in such a way as to promote food safety and the development of domestic business. The article is devoted to the analysis of the current Ukraine legislation concerning regulation of residues of veterinary medicinal products in foodstuffs of animal origin. It was shown that the formation of such legislation was due to the development of international trade, including the fulfilment of the European Union requirements for the safety of foodstuffs imported into its market. At the same time, the conclusion of the Association Agreement and the introduction of a Free trade zone with the EU was a significant impetus to the reforming of national legislation on residues. The analysis of EU regulations, which serves as a legal basis for the residues control at the EU level, was carried out. It is noted that today in the Ukrainian legislation, despite the introduction of annual national plans for state monitoring of residues of veterinary medicinal products and contaminants in live animals and unprocessed foodstuffs of animal origin, there are a number of gaps that require urgent legislative regulation. It was proved that the completion of the reform of the national legislation on residues will contribute to improving safety of domestic foodstuffs, and therefore, will have important positive consequences not only for the development of trade with the EU, but primarily for the food security of Ukraine and the protection of the health of Ukrainian citizens.

scholarly journals SPECIFICS OF LEGAL REGULATION IN GENOMIC RESEARCHES AT THE INTERNATIONAL AND EUROPEAN LEVEL

2020 ◽  
pp. 68-78
Author(s):  
P. A. Kalinichenko ◽  
M. V. Nekoteneva
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Genomic Research ◽  
The European Union ◽  
Genome Research ◽  
Council Of Europe ◽  
Human Genomics ◽  
European Regional

This article is devoted to the analysis of diff erences in approaches and in choice of tools at the international (universal) and European (regional) levels of interaction between states in the regulation of relations in the fi eld of genomic research and the implementation of their results. The article analyzes specifi cs of approaches at the universal and regional level, including activities of the UN family bodies, the Council of Europe, the European Union in the fi eld of protecting human rights and human genomics. Special attention is paid to the role of international soft law in the development of legal regulation (self-regulation) in the mentioned fi eld. The materials of the article can be useful both in theoretical and practical jurisprudence, and may also be of interest for other areas of the human genome research (bioinformatics, medicine, human reproduction, etc.).

scholarly journals LEGAL REGULATION OF INFORMATION SYSTEMS’ FUNCTIONING WITHIN THE SCHENGEN AREA

2017 ◽  
pp. 70-81
Author(s):  
N. Mushak
Keyword(s):  
Information System ◽  
Information Systems ◽  
National Security ◽  
Legal Regulation ◽  
Public Order ◽  
Free Access ◽  
The European Union ◽  
Member States ◽  
Travel Information ◽  
Cross Border

The article investigates the legal regulation of cross-border information systems that operate within the Schengen area. These information systems are the Schengen Information System, Visa Information System and the European Travel Information and Authorisation System. The information systems provide the opportunity of free access to the database of border and law enforcement authorities of the Schengen area member states. These authorities are able to quick and efficient collaboration as well as in interaction in support of national security, public order and effective fight against organized crime, border-crossing of illegal immigrants, drug trafficking etc. The article defines that in addition to cooperation between the competent and relevant authorities of the Schengen area member states the information systems are to be the instruments of the freedom of movement of persons, contributing at the same time of public order and national security of each of the European countries. The article analyses the main tasks and purposes of a new European travel information and authorization system. In particular, the system concerns those countries that have already signed agreements on visa-free regime with the EU. In practice, it means that the citizens of "visa-free" countries will be able to travel to the Schengen area member states without a visa, but they are required to be authorized through this system before the trip. The research also analyzes the regulations of the European Union, western and national doctrine in respect of the operation of cross-border information systems within the Schengen area.

scholarly journals Legal protection of cross-border use of intellectual property

2019 ◽  
Vol 4 (22) ◽  
pp. 279-285
Author(s):  
Irina Kiryushina ◽  
Andrey Serebryakov
Keyword(s):  
Intellectual Property ◽  
Social Development ◽  
Legal Protection ◽  
Legal Regulation ◽  
Patent System ◽  
Parallel Imports ◽  
National Legislation ◽  
Cross Border ◽  
Eurasian Economic Union ◽  
Economic Union

The paper analyzes the issues of legal regulation of cross-border use of intellectual property on the example of the Eurasian Economic Union. Among the key problems of cross-border use of intellectual property within the Eurasian Economic Union (EEU) is the need to create a unified system of registration of trademarks and service marks and elimination of double registration of trademarks, establishment of common approaches to the problem of admissibility of “parallel imports” within the EEU, and the creation of an effective patent system. The authors conclude that the development of legal regulation of the use of intellectual property in cross-border relations will follow the path of adoption of normative acts within the framework of regional unions of states, taking into account the specifics of their economic and social development, as well as the way of improvement of national legislation, taking into account the position of states on this issue.

scholarly journals DEVELOPMENT OF NATIONAL LEGISLATION IN HIGHER EDUCATION ESTABLISHMENT MANAGEMENT

2021 ◽  
pp. 15-27
Author(s):  
I. Verbovskyi ◽  
I. Novitska
Keyword(s):  
Higher Education ◽  
Legal Regulation ◽  
Communist Regime ◽  
The European Union ◽  
Higher Education Management ◽  
Soviet Government ◽  
National Legislation ◽  
Education Management ◽  
Higher Education System ◽  
Stage Of Development

The article studies the main stages of development of national legislation regulating the management of a higher education establishment. It conducts the analysis of the works of modern scientists having dealt with the issues of regulating the activities of a higher education establishment in various aspects, issues of management information defining and systematizing, problems of legal regulation in the higher education establishment management and certain aspects of its statutory and regulatory support by international and foreign legislation, theoretical and practical aspects of administrative and legal regulation in Ukrainian education in the context of European integration. The paper analyzes and highlights three main periods of national legislation development on the higher education establishment management. The first stage of development of legislation on the higher education establishments management (XIX – 1920) is associated with the adoption of the Provisional rules about the higher education establishments management of the Ministry of public education of August 27, 1905 and legislative acts regulating the higher education establishments management. The second stage of development of legislation on higher education (1920-1990) is associated with the fact that during the existence of the USSR, the management of higher education had its own peculiarities, as far as the political system of Soviet government and the state apparatus differed from the modern state democratic structure, and on its territory there were state bodies that existed only under the communist regime. Higher education management was carried out centrally by legislative acts of both the republican and all-union levels, in the complete absence of autonomy of higher education establishments. Third stage of development of the national legislation on higher education management is characterized by the reform of the higher education system on the basis of adopted legislative and bylaws, especially, Ukraine’s Higher Education Act of 2014, the creation of conditions for the autonomy of the higher education establishment management, the introduction of bodies and institutions for monitoring the higher education quality standards and recommendations of the European Union.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.

scholarly journals Co-regulation as a way to improve the effectiveness of legal regulation in sports

2021 ◽  
Vol 12 (2) ◽  
pp. 263-275
Author(s):  
Aleksandra A. Dorskaia ◽  
◽  
Andrei Yu. Dorskii ◽  
Keyword(s):  
Russian Federation ◽  
Self Regulation ◽  
Legal Regulation ◽  
State Regulation ◽  
Social Regulation ◽  
Intermediate Form ◽  
Sporting Events ◽  
The European Union ◽  
The Status ◽  
The Russian Federation

In the article, the authors formulate a definition of co-regulation based on an overview of the approaches available in documents and regulations from the European Union. Co-regulation does not appear to be an intermediate form between state regulation and self-regulation, but rather an independent method of social regulation that can significantly improve legal regulation effectiveness. This is achieved by combining legal principles and norms and state control over their implementation with a broad discretion of professionals in a particular field. Sports is considered a classic case of co-regulation since all Russian sports federations pursue the legally defined goals (development of one or more sports in the Russian Federation, their promotion, organization, sporting events and training of athletes who are members of national sports teams), achieve these goals to realize the legally defined rights and obligations, and undergo evaluation for effectiveness and accreditation by the state. The article thoroughly analyzes the history of adopting a package of amendments to Russian legislation in order to introduce arbitral proceedings for athletes and coaches’ individual labor disputes in 2020. This example demonstrates the weaknesses of exclusive state regulation of legal relations in sports and the shortcomings of self-regulation. Specific problems are identified: their solutions are quite complicated when one has to choose one of the above-mentioned models or their combination, the status of “legionnaires”, duration of labor contracts, conditions for paying salaries and others. The arguments in favor of introducing a national arbitration for athletes and coaches’ labour disputes are considered. The status of Russian and international sports federations is studied in terms of their classification as self-regulatory organizations and the inconsistency of the independent status of sports organizations is demonstrated. In conclusion, the authors propose an amendment to the Federal Law on Physical Culture and Sports in the Russian Federation to legalize co-regulation in this area.

scholarly journals Complex ecological branch of law in terms of globalization

2021 ◽  
Vol 2 (2) ◽  
pp. 14-20
Author(s):  
Lydmyla Dobroboh
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Regulation ◽  
Green Economy ◽  
The European Union ◽  
National Legislation ◽  
Environmental Relations ◽  
The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

scholarly journals PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION

2021 ◽  
Vol 77 (4) ◽  
pp. 85-92
Author(s):  
Liubov Kotova ◽  
◽  
Victoria Tiutiunnyk ◽  
Keyword(s):  
National Level ◽  
Labor Law ◽  
Legal Regulation ◽  
Social Model ◽  
International Labor Organization ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
International Labor ◽  
The Eu

European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.

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