Legal and non-legal regulation in the field of sports
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article is devoted to the consideration of the peculiarities of normative regulation of relations in the field of sports. It is stated that there are still controversial ideas about the nature of the norms governing the relations in the field of sports, which necessitates additional theoretical research. It is noted that the regulatory regulation of sport researchers are divided into «sports law» – a complex of regulatory regulations in the field of sports and «lex sportiva» – a complex of other (except for legal) regulatory regulation. Characterized by the position of authors who consider sports as an independent right complex area of law, and examines the opinions of scientists regulatory system lex sportiva, the nature of which has not a clear understanding. It is noted that the legal regulation in the field of sports is considered only legislative rationing of sports by the state, and normative regulation of acts that are not included in the system of state law, considered as non-legal regulation. Characterized by the definition of «lex sportiva» through the description of its structure, the feature of which is that this association of complexes of out-of-law regulations in the field of sport crowns the international «superstructure», the independent subsystem complexes of which are the rules of the International Olympic Committee and a number of other international sports organizations. It is emphasized that the norms of «lex sportiva» do not have binding legal force, but they have some normative force and are obligatory for the observance or implementation of the sports relations by the participants under the threat of offensive against them and the application of sanctions for them. A critique of the «lex sportiva» norm as non-legal is given. From the analysis of the points of view of scientists regarding the division of regulatory regulation of the sphere of sports into two regulatory regulators in the article, it is concluded that in order to determine the nature of normative regulation of sport, it is necessary to find out the nature of relations within the framework of sport as a social institute and the rules corresponding to these relations.
Authors and Affiliations
Oleksii Yushchyk
Keywords
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