Private vs. Public Principles in the Regulation of Physical Culture and Sports Relations

The research objective was to find the optimal ratio of private and public principles in the regulation of physical culture and sports relations. The authors used the method of induction to analyze the general approaches to the essence of private and public principles in the modern theory of law. At the present stage, their optimal balance is necessary. The systemic-structural method made it possible to present private and public aspects through their specific manifestations, i.e. institutions of responsibility, control, and partnership. The methods of critical analysis were used to question some of the official positions regarding the institution of public and private partnership and the strengthening of criminal liability. The comparative legal method demonstrated the similarities between the ongoing processes in the sports law abroad and in Russia. The public principles in the regulation of sports relations need to be expanded by expanding the scope of social functions of the state. Some specific cases provided a positive assessment of the increase in the private law mechanisms in terms of the relative autonomy of various sports and the development of the institution of public and private partnership. An appropriate legislative framework would guarantee the rights and legitimate interests of private investors and help the state to achieve socially significant goals. The research results can expand the scientific understanding of sports law and serve as material for lawmaking. Thus, the balance of private and public principles in the regulation of physical culture and sports relations is in the shift of the role of the state from control towards the expansion of obligations to implement its social function. However, the expanding scope of private methods, which is natural for this stage, requires restrictions.

The Problematic Issues of Sports Law in Latvia: Compliance of Labour and Tax Legislations from the Sustainable Development Perspective

Sport performs several functions in society: an educational, a social, a cultural as well as a recreational function. Nevertheless, sport is also a business: in economic terms, it is a rapidly growing area accounting for 3% of world trade and is one of the sectors most likely to generate new employment in the near future (Colucci & Hendrickx, 2014). For that reason, at the present stage of sustainable development of sports in Europe in general and in Republic of Latvia in particular, there is a growing need for a clear regulation of the employment relations of professional athletes and transparency of taxation in the sports industry. Taking these considerations into accounts, aim of the research paper is to assess the theoretical and practical issues related to employment relationships and taxation in Latvian sports from the sustainable development perspective. The methodological basis of the research consists of general scientific and special legal research methods.

On the Definitions Used in Sports Law

The article concentrates on the study of the basic concepts used in the text of the Federal Law of December 4, 2007 N 329-FZ «On physical culture and sports in the Russian Federation». The definitions of the concepts «sport» and «physical culture» are analyzed. The authors have concluded that the legal definition of sport is consistent with the broad understanding of this phenomenon in science. It has been proved that the legislator uses the constitutive features of sport and physical culture in a contradictory way when giving other definitions. This problem has been revealed during the study of the concepts: «school sport», «student sport», «corporate sport», the content of which combines both features of sport and features of physical culture. The authors also propose to distinguish between the physical education for physically impaired people and persons with disabilities, aimed at rehabilitation and sports activities of the same categories, aimed at achieving purely sports results by developing appropriate definitions and fixing them in the text of the studied law. Attention is drawn to the impossibility of determining the ratio of such concepts as «corporate sport» and «sport at the place of work», «sport at the place of residence and recreation» and «mass sport» for reasons caused by defects in legislative technology. Such categories as «professional sports», «sports of the highest achievements» and «mass sports» are discriminated. The position is expressed that the absence of the term «amateur sport» in the studied law has objective reasons and is not a disadvantage. In conclusion, the authors state that it is necessary to elaborate the concepts under study and their terminological improvement. Such a measure will allow not only to improve the text of the studied law from the standpoint of legislative technique, but also to clearly formulate the subject of sports law.

A More Just, Inclusive Future for Sports

This issue of the Journal of Legal Aspects of Sport (JLAS) was dedicated to women in sports law, with a specific emphasis on inclusiveness and new ideas. For decades, the central focus of the law and policy directed to women and sports was Title IX enforcement and securing opportunities for participation. As we approach Title IX’s 50th anniversary, it is clear that the law has greatly expanded participation opportunities for women and powerfully altered the norms around women and sports. Nevertheless, much work remains. Women and girls still do not enjoy the full measure of equality that Title IX guarantees, and women’s sport at all levels still does not get the attention, resources, and respect that it should. The COVID-19 pandemic has only exacerbated this issue.

Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

Sports Law in the System of Russian Law

The research objective was to substantiate the concept of sports law as an independent branch of Russian law. Using the induction method, the authors analyzed the general approaches to understanding any branch of law. They believe that, at the present stage, sports law can be considered a complex branch of law. The systemic-structural method made it possible to present sports law not only through its subject and method, but also through sources, principles, and other attributes. Some of the positions expressed in the scientific publications were questioned by the methods of critical analysis. They used the comparative legal method to analyze the positive foreign experience. As a result, they obtained an authentic concept of sports law. They also defined the groups of social relations, their general characteristics, interpretation method, the concept of sports legal relations, etc. The field of sports legislation needs legal codification. A Sports Code of the Russian Federation would be a logical solution to the problem. It should unite the positive experience of foreign countries. Sports law is a complex branch of Russian law. Its subject is relations in the field of physical culture and sports. This branch of law uses both dispositive and imperative methods. The newly developed system of sources of sports law requires systematization, improvement, and legal codification. The results obtained can be used to expand the scientific understanding of sports law and as a material for lawmaking.

CERTAIN STATUS AND LABOR LAW ISSUES OF ELECTRONIC SPORT IN THE REPUBLIC OF SERBIA

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.

Understanding, significance and legal methods of solution of disputes related to sports

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