Marina Buyanova1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

On the Subject Matter of Sports Law

2019. No. 1. P. 158–175 [issue contents]
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 andproves current legal literature operates on a false notion of what the subject of sportslaw is, according to which it includes relations, connected to sports, but related to thesubjects of labor, administrative, civil, business and land law. Thus, according to the viewof the majority of scholars, sports law is a complex branch of law. The author arguessports law is an independent branch of law and defines its place in the system of Russianlaw. 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 sportssphere; settlement of athletic disputes. Thus, sports relations making up the subject ofsports law should be characterized as organizational sports relations. The connectionsbetween these relations, which make up the subject of sports law, are determined bytheir inherent nature and are of a structural, but not functional, character. The authormakes a distinction between sports legal relations and other types of relations arisingbetween athletic subjects during physical culture and sports activities, in particular,the relations arising in the training process and sporting events, which are not relatedto 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 partof sports law. It is proving that sports legislation in the sphere of preparing for sportingevents and participation in them (unlike labor law) regulates issues of organizing suchsporting events, and such relations arise not only within the sports organization, butalso on a territorial level (of municipality, region, or Russia as a whole). The subjects ofsuch relations are citizens and organizations are not bound by labor agreements. At thesame time, participation in the training process and competitions it is not considered asobligation of an athlete, but as his right. It is claiming sports relations do not cross pathswith relations regulated by other branches of law. Sports relations have an intrinsic unitywhich comes out of their interconnection and correlation and characterizes the subject ofsports law as a whole formation, which has clear dividing lines from other branches of lawthat affirms its independent nature of sports law.
For citation: Buyanova M.O. (2019) On the Subject Matter of Sports Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 158–175 (in Russian) DOI: 10.17-323/2072-8166.2019.1.158.175
Citation: Buyanova M. (2019) K voprosu o predmete sportivnogo prava [On the Subject Matter of Sports Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 158-175 (in Russian)
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