Concept of Sports Law in the Russian Legal Doctrine
Abstract
The article analyzes the main approaches to the concept of sports law in the Russian legal science. As a result of generalizing different opinions on the interpretation of this term from the view of such theoretical and legal categories as legal system, system of law and system of legislation, it is pointed to several approaches to understanding the essence of sports law. That law is considered as an integral part of the legal system, branch of law, branch of law at the stage of its formation and branch of legislation. The question about possibility of recognition of the sports law as a branch of the law is considered as the most debatable. In addition, it is noted at lack of theoretical development of the approach to the consideration of sports law as a special component of the legal system. It is making an attempt to reveal more details of this issue. Several theoretical and legal phenomena as parts of the legal system are considered from the standpoint of sports law. Among them there are external and internal forms of expression of legal norms, the implementation of law, legal culture. The author focuses on the important component of sports and legal culture, i.e. sports consciousness, implying a certain legal mentality in the field of physical culture and sports. A special attention is paid to prospects of sports law in Russia as a special cut of the legal system, as a branch of law, and as a branch of legislation. In particular, the paper touches upon the systematization of sports legislation, modernization of the regional block of legal acts about fitness and sports, improvement of sports and legal consciousness. The article points that the essence of sports law is revealed also from the standpoint of the academic and educational sphere. In this case, this concept refers to the relevant field of jurisprudence. Conclusions made about pronounced debatable nature of the issue about recognizing sports law as a branch of law, as well as the lack of theoretical development of the approach to the consideration of sports law as an integral part of the legal system. Besides, possible directions of evolution of the sports law in Russia are outlined.
References
Alekseev S.V., Bariyev M.M. et al. (2018) [Legal field of physical culture and sports in the educational field of the Russian Federation]. Kultura fizicheskaya I zdorovye, no 4, pp. 6-11 (in Russian)
Alekseev S.V., Gostev R.G. (2014) [Sports law as a new branch of law, the field of legal science and academic discipline]. Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriya: Problemy vysshego obrazovaniya, no 3, pp. 25-28 (in Russian)
Amirov I.M. (2015) [Sports and legal consciousness: concept and structure]. Vestnik Universiteta imeni O.E. Kutafina, no 4, pp. 30-36 (in Russian)
Bratanovskiy S.N. (2009) [Sports law as a branch of Russian law]. Sport: ekonomika, pravo, upravlenie, no 4, p. 11 (in Russian)
Dement'ev E.A. (2009) [Means of legal influence on relations in the field of sports. Candidate of Juridical Sciences Thesis Summary]. Nizhniy Novgorod, 32 p. (in Russian)
Kruglov V.V. (2017) [Issues and prospects for the codification of sports legislation of Russia]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 165-176 (in Russian)
Lomako A. Yu. (2017) [Sports Law]. Minsk: Vysheheyshaya shkola, 207 p. (in Russian)
Ovchinnikova N.A. (2008) [On legal regulation of professional sports in Russia]. Vestnik Vladimirskogo yuridicheskogo instituta, no 1, pp. 187-189 (in Russian)
Reksha Yu. M. (2009) [Methodical bases of formation of legal culture of athletes in the process of professional training. Candidate of Pedagogical Sciences Thesis]. Moscow, 143 p. (in Russian)
Saraev V.V. (2005) [Sports law as a complex branch of law]. Nauchniy vestnik Omskoy akademii MVD Rossii, no 2, pp. 47-49 (in Russian)
Serdyukov A. V. (2010) [Sports law as a complex branch of legislation. Candidate of Juridical Sciences Thesis]. Moscow, 233 p. (in Russian)
Solov'ev A.A. (2008) [Issues of Sports Law: Codification of Legislation]. Moscow: Sport i vuzy, 156 p. (in Russian)
Shapovalov A.A., Koloyarceva E.A. (2015) [Sports law as a branch of Russian law]. Teoriya i praktika fizicheskoy kul'tury, no 9, p. 80 (in Russian)
Vasil'ev N.G. (2017) [Legal basis of physical culture and sports as an element of professional training in the field of physical culture. Materials of a conference]. Irkutsk: Baikal University, pp. 39-42 (in Russian)
Vas'kevich V.P. (2006) [Civil law regulation of relations in the field of professional sports. Candidate of Juridical Sciences Thesis]. Kazan, 216 p. (in Russian)
Copyright (c) 2019 Law. Journal of the Higher School of Economics

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.













