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 thepublication of a codified sports act. The essence of codification as a kind of systematization ofnormative legal acts is revealed, the current state of Russian sports legislation is studied, foreignexperience of systematization and codification of sports legislation is considered. Particular attentionis paid to the analysis of the practice of codification of sports legislation in France. It is concludedthat the presence of a sufficiently specific system of sports legislation of the Russian Federationobjectively raises the question of the need to develop and adopt the Sporting Code of the RussianFederation. It is substantiated that the French experience of the codification of sports law studied inthe publication is a graphic illustration of how in the course of systematization of sports legislation thetasks of raising the status of physical culture and sports, the understanding of law enforcement, arebeing laid, a vector is being laid for the successful development of the branch of legislation and therelevant branch of law. The arguments in favor of the Sporting Code are the priority of physical cultureand sports government support and regulation; relevant foreign experience; the large number oflaws and regulations of the Russian Federation in the field of sports rights, the incompleteness ofthe legislative process in this area; forecasting the adoption of further rules and regulations bringingchaos in law understanding and enforcement. It is proved that there are no current objectiveobstacles to the development and approval of the Sporting Code of the Russian Federation. Thebasis for codification may be the Federal Law “On Physical Culture and Sports”, and gaps in legalregulation can be eliminated by introducing in the text of the code provisions of model laws on sportstraining, professional and paralympic sports. The author expresses conviction that the adoption ofthe Sports Code of the Russian Federation, in many respects, anticipates and warns the problemsin the legal understanding and enforcement expected in the coming years in connection with theactive 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.
Published
2017-03-02
How to Cite
KruglovV. (2017). Issues and Prospects for the Codification of Sports Legislation of The Russian Federation. Law Journal of the Higher School of Economics, (4), 165-176. https://doi.org/10.17323/2072-8166.2017.4.165.176
Section
Russian Law: Condition, Perspectives, Commentaries