POLYVARIETY OF DISPUTE CONSIDERATION IN THE FIELD OF PROFESSIONAL SPORTS: DISCUSSION ISSUES

Anatoliy Kostruba ()

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Abstract: Professional sports, from the standpoint of sociology, is a type of subculture. This is a system of relations based on the factor of social self-regulation. In view of the above, social relations in the field of sports are also characterized by the autonomy of their legal regulation. Such social ecosystem forms an autonomous legal order, which is in a degree of relative dependence on state regulation, while remaining an integral segment of the legal system of society as a whole. The sports order is formed among other factors by a huge network of various institutions, organizations and regulators, cooperation and participation of public and private entities at different 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 legal 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, of the process of resolving disputes in sports relations is unbalanced. The above indicates the need for clearer legal regulation of activities in the field of professional sports, in particular in terms of issues raised. At the level of national legislation of Ukraine, it is necessary to define statutorily self-regulatory organizations, to give the appropriate status to national federations and consolidate the structure of participants in relations in the field of professional sports around them. This will resolve the issue of local regulation of relations in the field of professional sports, including in the disciplinary field, as well as unify the general rules of dispute resolution in the bodies of alternative (arbitration) jurisdiction, appeals against their decisions.

Keywords: Sport law; Self-regulatory Organizations; Sports Arbitration Court; Sports Arbitration; Civil law scholarship; Corporation law; Partnerships (search for similar items in EconPapers)
Date: 2020-12-16
New Economics Papers: this item is included in nep-law and nep-spo
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Published in Проблеми вдосконалення приватноправових механізмів набуття, передачі, здійснення та захисту суб’єктивних цивільних та сімейних прав : матеріали науково-практичної конференції, присвяченої пам’яті проф. Чингізхана Нуфатовича Азімова (Харків, 16 грудня 2020 р.)., Yaroslav Mudryi National Law University, Dec 2020, Kharkiv, Ukraine. pp.14-16, ⟨10.5281/zenodo.4456334⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03118226

DOI: 10.5281/zenodo.4456334

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