scholarly journals Combating Corruption in Sport: Legal Aspect (Lucha contra la corrupción en el deporte: aspecto legal)

Retos ◽  
2021 ◽  
Vol 41 ◽  
pp. 746-755
Author(s):  
Tetiana Kolomoiets ◽  
Maxym Tkalych ◽  
Petro Melnyk ◽  
Bogdan Panchenko ◽  
Yuliia Tolmachevska

  Globalization processes do not ignore any sphere of human life. They did not miss the field of sports. As a result, the problem of corruption, which used to be unequally prevalent in every national jurisdiction, is beginning to threaten the integrity of sport at the global level. Therefore, legal science has a task to determine the legal algorithms for combating sports corruption both within the country and in the international arena. The study aims to establish legal mechanisms to combat corruption in sports at both national and international levels. The object of research is public relations in the field of sports law. The subject of the study is public relations in the field of sports law, which have developed concerning methods and means of combating sports corruption. The research methods were philosophical, general scientific, and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods. As a result of the work, a description of the state of research of the problem was given, the main approaches to defining the concept of sports corruption and match-fixing were analyzed, the legal framework (international and national) was characterized, specific examples of corruption offenses and their solution in sports were given. Resumen. Los procesos de globalización no ignoran ningún ámbito de la vida humana. No faltaron al campo de los deportes. Como resultado, el problema de la corrupción, que solía prevalecer de manera desigual en todas las jurisdicciones nacionales, está comenzando a amenazar la integridad del deporte a nivel mundial. Por lo tanto, la ciencia jurídica tiene la tarea de determinar los algoritmos legales para combatir la corrupción deportiva tanto en el país como en el ámbito internacional. El estudio tiene como objetivo establecer mecanismos legales para combatir la corrupción en el deporte tanto a nivel nacional como internacional. El objeto de investigación son las relaciones públicas en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas en el campo del derecho deportivo, que se han desarrollado sobre métodos y medios para combatir la corrupción deportiva. Los métodos de investigación fueron filosóficos, científicos generales y métodos científicos especiales, como los métodos dialéctico, estructural de sistema, legal comparativo y legal formal. Como resultado del trabajo se dio una descripción del estado de investigación del problema, se analizaron los principales enfoques para definir el concepto de corrupción deportiva y partidos contractuales, se caracterizó el marco legal (internacional y nacional), ejemplos específicos de Se dieron a conocer los delitos de corrupción y su solución en el deporte.

Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.


Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


Author(s):  
Elena A. Larina

The study reveals some of the phenomenon of legal force features, which is an integral element of regulatory legal acts, as well as contracts, electronic documents that act as regulators of public relations. The purpose is to determine the methodological approaches with the help of which it is pos-sible to study this phenomenon more fully, as well as to identify the short-comings of the existing approaches. The dialectical-materialistic method, general scientific methods, special legal methods are used as methods. In the course of the research, we turn to such methodological approaches as histori-cal, logical, hermeneutic, comparative, systemic, synergistic, humanistic, cy-bernetic, structural, functional. A brief description of them is given (the fea-tures are determined, the views of legal scholars on these methodological ap-proaches and the applicability of such approaches in relation to the study of the phenomenon of legal force are reflected). We come to the conclusion about the insufficiency of the currently existing research methodological ap-proaches in relation to the category of “legal force” and determine some prospects for the development of this topic. We prove that methodological approaches allow us to study not only the features of the category of “legal force” (classification, purpose, etc.), but also the specifics of acts, documents, the process of their adoption, application.


2021 ◽  
Vol 16 (91) ◽  
pp. 6-13
Author(s):  
Tatyana A. Puzynya ◽  
◽  
Irina V. Lokhtina ◽  
Ekaterina A. Vlasova ◽  
◽  
...  

The relevance of the study is dictated by the introduction of digitalization in all spheres of human life, and timely protection of information and personal data of citizens in the first place. The objective of the study was the need to transform the methods and approaches of information protection during its transmission, creation and storage. Methodological arsenal of the study is presented by scientific methods of cognition of the studied phenomenon content, the structuring of its components and the system of generalization, and analysis of the causal relationship between the visualization functionality and information security of management decisions. The author analyzed the main virtualization technologies for digital business transformation and concluded that there is the need to improve the legal framework in this area. The significance of this article lies in the fact that the use of the virtualization method will increase the level of business security with minimal losses. Current GOST R 56938-2016 "Information protection when using virtualization technologies" does not fully reflect the issues of information protection in terms of its visualization, which leads to the need to improve the legal framework when using virtualization technologies for data protection. It is essential to pay special attention to cloud storage, collaboration and communication services, remote project management programs, cybersecurity solutions, and CRM systems. This is particularly relevant today during the emergence of virtual workplaces and transferring employees to remote work from home.


2015 ◽  
Vol 1 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Муратова ◽  
Olga Muratova

The article covers the question of the enforcement of acts of “soft” law — unformal sources of regulation of public relations. It is pointed in the article, that though acts of “soft” law are not the sources of law in traditional understanding, such acts are important practical regulators of private-law relations. The author gives the common characteristic of acts of “soft” law, makes comparative analyses with legal acts. Although the most attention in the article is paid to the legal effect of the enforcement of acts of “soft” law, first of all, from the view of regulation of private-law relations. While preparing the article the complex of methods was used, which lay on the basis of systematical and dialectical concepts. The main conclusion of the issue is the acknowledgement of the fact of the exercising of influence by the acts of “soft” law on regulation of private-law relations. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional.


2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.


2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.


2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.


Author(s):  
Nataliia MEKH ◽  
Oleh MEKH

The article deals with the problem of integration of scientific and technological progress, in particular information and communication technologies in human life, the emergence of an alternative level of dependence of the individual on information and technogenic factors in the psycholinguistic aspect. Analysis of theoretical and practical prerequisites of influence of scientific and technological sphere on a person, particularly information and communication technologies on its psycholinguistic potential, estimation of depth, and practical consequences of influence and further prospects. The general scientific methods of analysis and synthesis of the research problem were used, formalizing the results of domestic and foreign sources, systematization, and comparing existing estimates to identify significant and minor factors and their correlation, generalization of results, forecasting of prospects. Scientific and technological progress in changing man's world has adjusted his ability to choose information, analyze it critically, and formulate objective decisions. More and more people are given not information for analysis but conclusions. The existence of human dependence on information technology comes from the understanding that their creation is a projection of the inner world of man, his views and motives. Therefore, dependence is a downside to existing technological comfort, living conditions, and communication. At the same time, competition requires constant updating of people's knowledge of technology, which only exacerbates this dependency, personal energy costs, psychological fatigue, and problems of motivation. One of the conditions for effective human existence in the information and communication system is violated - synchronization of information processing processes, which negatively affects the psycholinguistic level. The level of human dependence on technology is unprecedented, and further expansion and self-interest will only worsen, in particular psycholinguistic perspectives. The improvement of the situation does not lie in the technological plane, as it increases the level of social morality, an ethos of man and community. Keywords: scientific and technological sphere, information and communication technologies, psycholinguistics, integration, influence.


2021 ◽  
Vol 2 (4) ◽  
pp. 98-113
Author(s):  
Alexander Kornienko ◽  
Nadezhda Neretina

The topic of the article is very relevant, first of all, due to the fact that today the development of the information and telecommunication services market involves almost all areas of people’s life in the field of e-commerce. Until April 2020, it was not possible to purchase a medicinal product online on the territory of the Russian Federation due to the lack of a regulatory legal framework regulating such a mechanism. However, at the moment, the relevant legislation has entered into force, regulating in detail the sale of medicines in a remote format. Taking into account the presented circumstances, it seems to us that the issue of studying new legislative acts in the field of remote sale of medicines on the territory of the Russian Federation is largely being updated. The subject of the article is the mechanism of legal regulation of remote sale of medicines in Russia. The purpose of the study is to identify the problems of legal regulation of the process of remote sale of medicines in the Russian Federation at the present stage. This research is based on a combination of groups of classical general scientific methods (induction, deduction, analysis, synthesis) and a number of special methods of scientific cognition applied directly within the framework of legal science (formal legal, comparative legal and others). Within the framework of the presented article, the authors carried out a conceptual analysis of the features of the legal regulation of the sale of medicines using remote technologies, taking into account the latest changes in legislation. The specifics of remote trade in prescription and over-the-counter drugs, as well as the peculiarities of labeling of medicines on the territory of the Russian Federation, are analyzed. As a result of a comprehensive study of current trends in regulatory regulation and justification of possible methods for improving the systems for issuing electronic prescriptions, as well as mandatory labeling of medicines, a conclusion is made about the possibility of further development of remote trade in medicines in the Russian Federation.


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