On the Subject Matter of Sports Law

Abstract

The article shows the groups of social relations, which form the subject of sports law. The author analyzes current academic views on this issue, conducts a discussion and proves current legal literature operates on a false notion of what the subject of sports law is, according to which it includes relations, connected to sports, but related to the subjects of labor, administrative, civil, business and land law. Thus, according to the view of the majority of scholars, sports law is a complex branch of law. The author argues sports law is an independent branch of law and defines its place in the system of Russian law. Subject of sports law are social relations in the fitness/sports field (sports relations) in respect to: physical education, athletic performance, conduction of sporting events; providing for fitness and sports activity and international cooperation in the sports sphere; settlement of athletic disputes. Thus, sports relations making up the subject of sports law should be characterized as organizational sports relations. The connections between these relations, which make up the subject of sports law, are determined by their inherent nature and are of a structural, but not functional, character. The author makes a distinction between sports legal relations and other types of relations arising between athletic subjects during physical culture and sports activities, in particular, the relations arising in the training process and sporting events, which are not related to their organization. Such relations, relating to sport, are regulated not by legal norms, but by the rules of the athletic organizations (sporting rules) and do not make up a part of sports law. It is proving that sports legislation in the sphere of preparing for sporting events and participation in them (unlike labor law) regulates issues of organizing such sporting events, and such relations arise not only within the sports organization, but also on a territorial level (of municipality, region, or Russia as a whole). The subjects of such relations are citizens and organizations are not bound by labor agreements. At the same time, participation in the training process and competitions it is not considered as obligation of an athlete, but as his right. It is claiming sports relations do not cross paths with relations regulated by other branches of law. Sports relations have an intrinsic unity which comes out of their interconnection and correlation and characterizes the subject of sports law as a whole formation, which has clear dividing lines from other branches of law that affirms its independent nature of sports law.