Retrieved from Vol. 27, No. 1, 2024
Pages 27 -33
Received 14.02.2024
Revised 18.04.2024
Accepted 28.05.2024
Retrieved from Vol. 27, No. 1, 2024
Pages 27 -33
Abstract
The article considers peculiarities of the study of regulation of legal relations in the field of physical culture and sports at the stage of formation of sports law as a branch of legislation. Physical culture and sport as a subject of scientific research attracts the attention of scholars of various fields, including lawyers who are actively studying the phenomenon of sports law, Endeavouring to improve domestic legislation in this regard and to bring it into line with international standards. The article analyses main tendencies of development of sports law, role and significance of international legal acts in formation of national branch of law. In particular, the influence of the works of Bordyugova G.Y. and Vasilenko M.D. on the study of this problem is considered. Long-standing and well-known scholars and practitioners have discussed various aspects of legal relations in the field of sport: the promulgation and formation of sports law; the concept of sports law; sources of law; civil, administrative and labour relations in sports and others. It is obvious that in regulating legal relations in physical culture and sports there are problematic issues related to both gaps and contradictions, which require legal support and clear order, permanent additions, improvements, and sometimes fundamental changes
Keywords:
physical culture; sports; professional sports; legal relations; model of sports legislation; terminology of sports law[1] Andreychenko, S.S. (2020). International sports law: Doctrinal basis. Legal Scientific Electronic Journal, 4, 377-380.
[2] Aparov, A.M. (2010). Essential characteristics of sports competitions as a type of civil law relations. Scientific Bulletin of NPU named after M. P. Drahomanov. Series 18. Economics and Law: Collection of Scientific Works, 12, 95-98.
[3] Aparov, A.M. (2012). Sports law of Ukraine: A textbook for university students. Kyiv State Academy of Water Transport named after Hetman P. Konashevych-Sahaidachny. Kyiv: Istyna.
[4] Aparov, A.M. (2017). The concept of sports law: A review of key aspects. Bulletin of Odesa National University named after I. I. Mechnikov. Jurisprudence, 22(1), 6-19. Retrieved from http://heraldlaw.onu.edu.ua/article/view/126479.
[5] Balaban, S.M. (2017). Public administration in the field of physical culture and sports. Dnipro.
[6] Bordyugova, H.Yu. (2009). International sports law as a basis for the formation of the national branch of law “Sports law of Ukraine”. Kyiv.
[7] Cherednyk, R.V. (2011). Sports as a sphere of legal regulation: General theoretical aspect. Current Issues of State and Law: Collection of Scientific Works, 60, 556-562.
[8] Cherednyk, R.V. (2011). The formation of sports law as an integrated branch in the legal system of Ukraine. Current Issues of Politics: Collection of Scientific Works, 42, 272-279.
[9] Cherednyk, R.V. (2012). Diversity of sources of sports law in Ukraine. In Legal Life of Modern Ukraine: Materials of the International Scientific Conference of Faculty Members (pp. 136-137). National University “Odesa Law Academy”.
[10] Dubinska, Z.P. (2021). Features of regulation of legal relations in the field of sports: Theoretical and legal approach (Doctor of Philosophy). Lviv. Retrieved from http://dspace.lvduvs.edu.ua/bitstream/1234567890/3675/1/dubinska_d.pdf.
[11] Garo, H.O., & Kushnir, O.O. (n.d.). Sports law: Review of national legislation and international standards. Protocol: Legal Internet Resource. Retrieved from https://protocol.ua/ua/sportivne_pravo_oglyad_natsionalnogo_zakonodavstva_i_mignarodnih_standartiv/.
[12] Kostyuchenko, O.A. (2012). On the issue of the formation of national sports legislation. Bulletin of the Academy of Advocacy of Ukraine, 3(25), 90-94.
[13] Lavreniuk, O. (2018). Problems of legal regulation of relations in the field of sports. Legal Bulletin, 4, 100-104.
[14] Makogon, O.V. (2015). The essence of sports law in Ukraine. Bulletin of the Academy of Advocacy of Ukraine, 12(1), 70-78.
[15] Morgunov, O.A. (2011). The concept and system of sources of sports law. Forum of Law, 2, 624-629.
[16] Morgunov, O.A. (2013). Administrative sports law as a sub-branch of administrative law in Ukraine. Zaporizhzhia. Retrieved from https://dspace.univd.edu.ua/server/api/core/bitstreams/ddb1b5e7-8399-4573-b1ff-965e51389d18/content.
[17] Morgunov, O.A. (2014). Subjects of administrative and sports legal relations and their system. European Perspectives, 5, 39-44.
[18] Morgunov, O.A. (2020). Public administration in the field of physical culture and sports in Ukraine. Kharkiv: Kharkiv National University of Internal Affairs.
[19] Nikitenko, S.V. (2018). State management of physical culture and sports in Ukraine: Historiography of the problem. Strategy and Tactics of State Administration: Collection of Scientific Works, 1/2, 102-111.
[20] Oliinyk, M.O., & Skrypnyk, A.P. (2000). Legal foundations of organization and management of physical culture, sports, and tourism in Ukraine. Kharkiv: Kharkiv State Institute of Physical Culture.
[21] Palyukh, A.Ya. (2019). A systematic approach in the legal regulation of the physical culture and sports sector. Philosophical and Methodological Problems of Law, 2(18), 92-98.
[22] Polianskyi, A. O. (2015). Legal regulation of labor relations of professional athletes in Ukraine (Candidate of Legal Sciences). Taras Shevchenko National University of Kyiv. Retrieved from https://scc.knu.ua/upload/iblock/95c/dis_Polianskyi%20A.O..pdf
[23] Protsyk, I. (2010). Terminology of sports law. Bulletin of the National University “Lviv Polytechnic”. Series: Problems of Ukrainian Terminology, 675, 171-174.
[24] Tikhonova, M.A. (2011). On the problem of identifying sports law. Bulletin of Kharkiv National University of Internal Affairs, 1(52), 22-29.
[25] Vasylenko, M.D. (2017). The formation of sports law in Ukraine as a branch of legal science in the context of the development of international sports law. Current Issues of State and Law: Collection of Scientific Works, 78, 34-40. Retrieved from http://dspace.onua.edu.ua/handle/11300/9052.
[26] Yushchyk, O.O. (2020). Sports law: Theoretical and legal analysis, concept, and formation in the national legal system. Kyiv: Institute of State and Law named after V. M. Koretsky, National Academy of Sciences of Ukraine.
[27] Zaichenko, L.I. (2015). Sports club in the system of economic and legal relations. National University of Ukraine named after Yaroslav the Wise, Kharkiv. Retrieved from https://library.nlu.edu.ua/POLN_TEXT/AVTOREF_2016/Zaichenko_L_I_2015.pdf.
[28] Zaichenko, LI. (2012). On the issue of the formation of sports legislation and sports law. In Legal Autumn 2012: Proceedings of the All-Ukrainian Scientific and Practical Conference of Young Scientists and Applicants (pp. 245-247). National University “Law Academy of Ukraine named after Yaroslav the Wise”, Kharkiv.