Sources of Legal Regulation of Sports Relations in the Russian Federation and Foreign Countries

E. Kovalenko, O. Shavandina
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引用次数: 2

Abstract

Introduction. In modern conditions of socio-economic development of the Russian Federation, physical culture and sport are the key to the formation of a healthy lifestyle of the population and are important indicators of the success of the Russians participating in various sports events at various levels. At the same time, the number of people involved in physical education and sports in Russia is insignificant, due to the insufficient level of citizens' legal awareness, the inaccessibility of receiving high-quality services in this area, the underdeveloped infrastructure, and the presence of gaps and conflicts in the legal regulation of this block of public relations. One of the ways to solve these problems is to develop a system of sources of legal regulation of sports relations. Purpose. Based on the studied sources of legal impact on sports relations in Russia and foreign countries, theoretical developments and materials of judicial practice, the authors attempted to form a model of legal regulation of sports relations. Methodology. The authors in the process of writing the article used formal legal, logical, systemic and comparative legal methods. Results. A study of existing sources of Russian and foreign law governing sports relations suggests the presence of a complex multi-level system of legal regulation. The state level of legal impact is represented by a set of regulatory legal acts, which are formal sources of regulation of sports relations. The non-state level includes customs, unified rules, other recommendatory acts, as well as local and contractual norms created by the participants in sports relations themselves, taking into account the specifics of the relations established between them. Conclusion. Based on the analysis of various sources regulating relations in the field of physical culture and sports in Russia and foreign countries, the authors propose a model of legal regulation of sports relations in the Russian Federation, which is a multi-level system of sources of state and non-state influence on the behavior of participants in these relations. It is concluded that it is necessary to expand the dispositive principles in the system of legal regulation of sports relations through the active use of such regulators as local and contractual rulemaking, as well as other forms of non-state influence on the behavior of participants in these relations.
俄罗斯联邦和外国体育关系法律规制的渊源
介绍。在俄罗斯联邦社会经济发展的现代条件下,体育运动是形成人口健康生活方式的关键,也是俄罗斯人参加各级各种体育赛事取得成功的重要指标。与此同时,由于公民法律意识水平不高,在这一领域无法获得高质量的服务,基础设施不发达,在这一公共关系领域的法律规制存在空白和冲突,俄罗斯从事体育运动的人数微不足道。解决这些问题的途径之一是建立体育关系法律规制的来源体系。目的。本文通过对国内外体育关系法律影响的来源、理论发展和司法实践资料的研究,试图形成一种体育关系法律规制模式。方法。作者在写作过程中运用了形式法、逻辑法、系统法和比较法等方法。结果。对管理体育关系的俄罗斯和外国法律的现有来源的研究表明,存在一个复杂的多层次法律监管系统。国家层面的法律影响表现为一系列规范性法律行为,这些法律行为是规范体育关系的正式来源。非国家层面包括习俗、统一规则、其他推荐行为,以及体育关系参与者自己制定的地方和合同规范,同时考虑到他们之间建立的关系的具体情况。结论。在分析俄罗斯和国外体育领域各种调节关系来源的基础上,作者提出了俄罗斯联邦体育关系法律调节模式,即国家和非国家因素对体育关系参与者行为影响的多层次系统。结论是,有必要通过积极使用地方和合同规则制定等监管机构,以及对这些关系中参与者的行为施加其他形式的非国家影响,扩大体育关系法律监管体系中的支配性原则。
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