ABOUT CRITERIA OF DEFINITION SPORTS LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
In the legal literature is the dominant view of sports law as a new complex area of law. With this definition, sports law "overlaps" with most branches of the legal system in one or another part of them. However, it incorporates national and international law, although there is a significant difference between the first and the second in the theory. Definition of branches in the national legal systems is carried out in the theory of law according to such criteria as the subject and method of legal regulation. The division is right for the branches, institutes on the subject and method of regulation is the main subject of differentiation legal structure of law and legislation. The division of law and legislation has another, secondary structure, which forms complex arrays of legal norms of various branches of law and legislation, in which the main is the integration of different rules of law special for a certain sphere of society. The traditional approach to the division of the law in the industry by the criteria of the subject and the method of legal regulation can not be considered convincing from the point of view of logic. The branches of the law must be determined on the basis of one single specific criterion. Discussions about the sectoral division of law on the basis of these criteria do not stop for many decades, since the structure is characterized by a deep internal contradiction that can be overcome only through systematic analysis. It is wrong to call the criterion of division of law the fact that "lies outside the law", in particular the types of social relations. The peculiarities of social relations are determined by certain specific features of the norms, but the field of law forms directly legal norms, and not those relations that are subject to legal regulation. The branch of sports law in the system of law is determined not by the name of "sports", for which the branch of physical culture can be included into this branch. A feature that unites different rights into a separate branch of law is the generalized (generic) form of source law, which acts as a constitutional, family, etc. right. From this point of view, the basis for the formation of a certain set of legal norms in a single independent branch of "sports law" is to recognize the appropriate range of initial rights ("sports rights"), that is, the rights of subjects related to sports: athletes, sports coaches, other sub Objects on the basis of which this legal field is being built. Speaking as an object to which legal regulation is directed, sport also includes "sports relations", the nature of which depends on the specifics of the legal rules of sports law, including the set of rights and responsibilities that are governed by these rules
Authors and Affiliations
О. О Ющик
Keywords
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