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

ПОЛІВАРІАТИВНІСТЬ РОЗГЛЯДУ СПОРІВУ СФЕРІ ПРОФЕСІЙНОГО СПОРТУ: ДИСКУСІЙНІ ПИТАННЯ

Anatoliy Kostruba and M.K. Galyantych
Additional contact information
Anatoliy Kostruba: Vasyl Stefanyk Precarpathian National University

Post-Print from HAL

Abstract: 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.

Keywords: lex sportive; sports law; sports dispute; professional sports; self-regulatory organizations; sports federations; sports arbitration; sports legal relations; Civil law doctrine (search for similar items in EconPapers)
Date: 2022-01-27
New Economics Papers: this item is included in nep-cis and nep-spo
Note: View the original document on HAL open archive server: https://hal.science/hal-03548751
References: View complete reference list from CitEc
Citations:

Published in Lex Sportiva, 2022, 1, pp.8-12. ⟨10.32782/lexsportiva/2021.1.2⟩

Downloads: (external link)
https://hal.science/hal-03548751/document (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03548751

DOI: 10.32782/lexsportiva/2021.1.2

Access Statistics for this paper

More papers in Post-Print from HAL
Bibliographic data for series maintained by CCSD ().