LEGAL RESPONSIBILITY IN SPORTS

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LEGAL RESPONSIBILITY IN SPORTS

Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3

Abstract

Research of legal responsibility in the field of sports legal relations implies the need to address the general social concept of liability, to the notion of legal liability, to the classification of legal liability for certain types. Today, sports have become a multifaceted phenomenon that performs a wide range of social functions, influencing the political, economic, and cultural processes of our society's life. At the same time, in addition to the positive achievements in the development of the sphere of sport, a number of negative aspects have been published - the use of prohibited in sports means and methods (doping), contractual matches, betting fraud, ticket speculation, violations of public order by spectators sporting events (especially football), increased sports injuries and much more. Consequently, the globalization processes taking place in the field of sport lead to the need to study the problems of legal liability in the field of sports legal relations, and to study "sports responsibility", establishing the possibility of assigning this responsibility to the types of legal liability. In connection with this, the development of the state-legal mechanism of counteraction to negative phenomena becomes especially relevant. And first of all it concerns the improvement of the mechanism of legal liability of participants in sporting events, since legal liability is one of the main institutions of law, without which the existence of any legal system, the absence of which makes it impossible to influence the law to society and which is the most important mechanism for guaranteeing rights and freedoms, and public interests participant’s legal relationship. Now the term "responsibility" is a complex social phenomenon and is considered in various aspects of our lives - as a legal category, as a category of philosophy, ethics, culture, sociology, psychology and political science. As a legal category, "responsibility" manifests itself through the application of measures of state coercion to the guilty person for the committed offense. Its features are: 1) it is the result of the offense; 2) includes state coercion and includes a final assessment of the activity of the subject of the offense; 3) entails the mandatory occurrence of negative consequences for the person who committed the offense provided for by the sanction of the law; 4) is implemented in the procedural forms established by law. Types of legal liability are: criminal, administrative and civil (material), disciplinary, etc. All these types are inherent and sporting relationships. The article deals with the types of legal liability in sports legal relations and the possibility of attributing "sporting responsibility" to a legal one.

Authors and Affiliations

Mariia Tikhonova

Keywords

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EP ID EP406096
DOI 10.32366/2523-4269-2018-64-3-55-60
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