EXTRAJUDICIAL INSTITUTIONS IN RESOLUTION OF SPORTS DISPUTES

The article analyzes extrajudicial instances for resolving sports disputes, identifies their role and advantagesover courts. It is noted that in practice, sports relations cannot exist without disputes, and the latter can take placebetween athletes, on the one hand, and coaches, sports organizations, mediators, etc., on the other hand; betweenathletes (on both sides), or when an individual athlete is not a party to the dispute at all. It is established that the mostcommon disputes today are about objective judging, anti-doping, fair play.As a result of the analysis of literature sources, it was found that in all national federations of Ukraine orassociations (except the Football Federation) such specialized bodies, as a rule, do not exist. The executive bodiesof the federation are empowered to resolve disciplinary disputes, and the powers to review them on appeal arevested in higher governing bodies (for example, congresses, conferences, general meetings). This provokes situationswhere sports disputes are considered by federation leaders who do not have the appropriate legal education, or evenhave a legal education but do not have relevant experience in resolving such disputes, which negatively affects thequality of sports disputes, as often unfair decisions are made or those that contradict the regulations of internationalfederations in certain sports.The work of such an independent international arbitration body as the Court of Arbitration for Sport, which isauthorized to resolve sports or sports-related disputes, is analyzed. These disputes are divided into two groups; GroupI includes commercial disputes arising from contractual relations between professional clubs, between clubs andathletes, sports agents, disputes over the specifics of transfer activities, agreements on the transfer or distributionof television and other media rights, etc., and group II – disciplinary disputes considered by the Court of Arbitrationfor Sport as a court of the first instance or a court of appeal in the case of a dispute between national authorities.It is concluded that to protect the rights and legitimate interests of sports entities, there is an extensivesystem of national and international out-of-court bodies for resolving sports disputes. Despite this, Ukraine has anunderdeveloped system of such bodies, as only the football sphere has an effective mechanism for resolving sportsdisputes at the national level, and therefore there is a significant need to establish a Sports Arbitration Court underthe National Olympic Committee of Ukraine to protect the rights of other sports.

The Brazilian Center for Arbitration and Mediation (CBMA) as an appellate sports arbitration institution

This paper aims to demonstrate sports arbitration in practice in the Brazilian Center for Mediation and Arbitration (CBMA). For this, we will use an empirical approach, that is, based on practical cases from the National Chamber of Dispute Resolution (CNRD) of the Brazilian Football Confederation (CBF). The methodological approach is thematic and chronological. We will only address sports arbitration appeals related to Brazilian football since 2017, when the CBMA became a CNRD arbitral appeal institution. The analysis criteria are straightforward: the rules of sports arbitration appeal procedure, operation, and data collected from the cases. Through these criteria and qualitative and quantitative methodology, we will reach our conclusions.

Yoga Pose Detection and Correction System

Activity recognition is useful in many domains. These include biometrics, video -surveillance, human-computer interaction, assisted living, sports arbitration, in-home health monitoring, etc. The health status of an individual can be evaluated and predicted by monitoring and recognizing their activities. Yoga is one such domain that can be used to bring harmony to both body and mind with the help of asana, meditation, and various other breathing techniques. Nowadays in a fast-paced lifestyle, people do not have time to go to yoga classes. Hence, they prefer practicing yoga at home. However, there is a need for a tutor to assess their yoga poses. Hence, the system is presented where the user needs to do the yoga pose which is recognized in real-time video. Then, PoseNet is used to generate key points for the body parts. The identified pose is then compared with the target pose. Based on the comparison status generated by the function, verbal instructions are provided for the user to correct the yoga pose.

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

GIUSTIZIA SPORTIVA, ARBITRATO DEGLI AGENTI SPORTIVI, REGOLAMENTO DEGLI AGENTI SPORTIVI, TERMINE PER LA DOMANDA D’ARBITRATO

The Author focuses on US sports arbitration in professional leagues, raising strong doubts about the bias of the Commissioner, in the context of a system in which the same person who initiated, in his capacity as “head” of a sports league professional, disciplinary action against a player also decides whether a penalty should be imposed on him. Doubts that are linked to the multiplicity of roles that this subject can cover in the same arbitration procedure of the NFL and also to the fact that, in recent years, he is no longer perceived as an impartial and independent subject who takes care of the interest of sport, but rather seen as the CEO (CEO) of the Owners League. A very different solution than those practiced in our country. The survey offers some points of comparison on the weak points of the American system: one of these is the sports justice system which in the United States is predominantly arbitrary in nature.

Основные составляющие спортивного арбитражного суда (г. Лозанна)

The article deals with the concept of a sports arbitration court, touches upon some topical issues of opening arbitration courts in the Russian Federation, which will consider disputes related to sports.

About International Sports Justice

Justice, as a model of equity, is becoming an extremely demanded way of clarifying the relations of counterparties in most spheres of human life. This time, the question will be about sports disputes, whose appearance provoked first a «doping scandal» with Russian athletes, and then, no less scandalous proceedings of the Sports Arbitration Court. The purpose of this article is to conduct a review of sports disputes considered in international instances to analyze the objectivity and adequacy of the existing procedure for the consideration of sports disputes and the possibility of developing uniform rules and the existence of grounds for considering sports disputes in the European Court of Human Rights The author used for this such methods: – induction: based on an analysis of the consideration of sports disputes at the ECHR, it was concluded that the practice does not meet the requirements of the principle of respect for human rights, – deduction: a hypothesis of contradictions is formulated in the framework of the consideration of disputes by sports organizations and judicial institutions, statistical analysis: comparison and generalization of statistical data on the considered cases, – formal legal: analysis of the practice of judicial and quasi-judicial institutions for the consideration of sports cases. As a hypothesis, the thesis is put forward that the existing procedures of sports organizations violate the rights of the individual, justifying this fact with the specifics of such procedures as anti-doping checks, etc.

PRINCIPLE OF VOLUNTARINESS IN HANDLING CIVIL CASES BY CAS

This articles looks into the principle of voluntariness as the basic grounds for international sports arbitration. Analysis of existing regulatory legal acts in sports field indicates that this principle is not observed. The author point out the general recognition of this principle around the world and draws the conclusion that without wilful consent of the parties to appeal to the international sports court of arbitration, the case cannot be reviewed in this court. Violation of this principle should be the undisputed basis for refusal in its enforcement.