在运动中造成健康损害的刑事责任

IF 0.4 Q4 SPORT SCIENCES
M. Korabel, Yurii Shynkarov, Alina Plotnikova, Yu. B. Kuryliuk, Oleksandr Motlyakh
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引用次数: 0

摘要

对体育责任的研究是通过法律责任的棱镜进行的,法律责任被理解为违反法律的实体与国家之间的法律关系,国家以其机构或其他组织为代表,有权确定违法者的责任。责任可以定义为一种基于公平偿还的理念重新分配成本的机制;被侵权人的费用转移给因其过错而发生侵权行为的人。本研究的目的是探讨体育运动中健康伤害的责任监管问题。所选问题的方法论是一种系统方法,包括辩证方法、形式逻辑和结构功能方法等一般科学研究方法,以及特殊的法律方法:比较法和形式法。根据乌克兰刑法,犯罪是由犯罪主体实施的具有社会危险性的犯罪行为(作为或不作为)。在体育运动中危害人体健康的情况下,如果比赛参与者故意严重违反既定的体育比赛规则,则应起诉肇事者。对体育责任的研究是通过法律责任的棱镜进行的,法律责任被理解为违反法律的实体与国家之间的法律关系,国家以其机构或其他组织为代表,有权确定违法者的责任。责任可以定义为一种基于公平偿还的理念重新分配成本的机制;被侵权人的费用转移给因其过错而发生侵权行为的人。本研究的目的是探讨体育运动中健康伤害的责任监管问题。所选问题的方法论是一种系统方法,包括辩证方法、形式逻辑和结构功能方法等一般科学研究方法,以及特殊的法律方法:比较法和形式法。根据乌克兰刑法,犯罪是由犯罪主体实施的具有社会危险性的犯罪行为(作为或不作为)。在体育运动中危害人体健康的情况下,如果比赛参与者故意严重违反既定的体育比赛规则,则应起诉肇事者。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal liability for causing harm to health during sports
The study of liability in sport takes place through the prism of legal liability, which is understood as a legal relationship between an entity that has violated the law, on the one hand, and the state, represented by its bodies or other organizations authorized to determine liability for the offender, on the other. Liability can be defined as a mechanism for redistributing costs based on the idea of ​​fair reimbursement; the costs of the person whose rights have been violated are transferred to the person through whose fault the violation occurred. The aim of the study was to examine the issues of regulation of liability for health injuries in sports. The methodology of the chosen problem was a systematic approach, including dialectical, formal-logical and structural-functional methods and other general scientific research methods, as well as special legal methods: comparative law and formal law. According to the Criminal Code of Ukraine, a crime is a socially dangerous criminal act (action or omission) committed by the subject of the crime. In case of harm to human health during sports, the perpetrators should be prosecuted in cases where one of the participants in the competition intentionally grossly violates the established rules of sports competitions. The study of liability in sport takes place through the prism of legal liability, which is understood as a legal relationship between an entity that has violated the law, on the one hand, and the state, represented by its bodies or other organizations authorized to determine liability for the offender, on the other. Liability can be defined as a mechanism for redistributing costs based on the idea of ​​fair reimbursement; the costs of the person whose rights have been violated are transferred to the person through whose fault the violation occurred. The aim of the study was to examine the issues of regulation of liability for health injuries in sports. The methodology of the chosen problem was a systematic approach, including dialectical, formal-logical and structural-functional methods and other general scientific research methods, as well as special legal methods: comparative law and formal law. According to the Criminal Code of Ukraine, a crime is a socially dangerous criminal act (action or omission) committed by the subject of the crime. In case of harm to human health during sports, the perpetrators should be prosecuted in cases where one of the participants in the competition intentionally grossly violates the established rules of sports competitions.
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CiteScore
0.90
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