Issues and Prospects for the Codification of Sports Legislation of The Russian Federation

Abstract

It is studying the relevance of the systematization of Russian sports legislation and issues of the publication of a codified sports act. The essence of codification as a kind of systematization of normative legal acts is revealed, the current state of Russian sports legislation is studied, foreign experience of systematization and codification of sports legislation is considered. Particular attention is paid to the analysis of the practice of codification of sports legislation in France. It is concluded that the presence of a sufficiently specific system of sports legislation of the Russian Federation objectively raises the question of the need to develop and adopt the Sporting Code of the Russian Federation. It is substantiated that the French experience of the codification of sports law studied in the publication is a graphic illustration of how in the course of systematization of sports legislation the tasks of raising the status of physical culture and sports, the understanding of law enforcement, are being laid, a vector is being laid for the successful development of the branch of legislation and the relevant branch of law. The arguments in favor of the Sporting Code are the priority of physical culture and sports government support and regulation; relevant foreign experience; the large number of laws and regulations of the Russian Federation in the field of sports rights, the incompleteness of the legislative process in this area; forecasting the adoption of further rules and regulations bringing chaos in law understanding and enforcement. It is proved that there are no current objective obstacles to the development and approval of the Sporting Code of the Russian Federation. The basis for codification may be the Federal Law “On Physical Culture and Sports”, and gaps in legal regulation can be eliminated by introducing in the text of the code provisions of model laws on sports training, professional and paralympic sports. The author expresses conviction that the adoption of the Sports Code of the Russian Federation, in many respects, anticipates and warns the problems in the legal understanding and enforcement expected in the coming years in connection with the active state interference in the regulation of legal relations in the field of physical culture and sports, conditioned by the priority nature of the latter's development.