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Journal articles on the topic 'Professional sports – Law and legislation'
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1
Krupnik, Inna A., Yucel Ogurlu, and Erkin A. Ongarbaev. "Improvement of Russian criminal legislation in the field of combating sports crimes." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 604–20. http://dx.doi.org/10.21638/spbu14.2021.308.
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The article analyzes the novelties of Russian criminal legislation in the field of combating crimes in the field of sports. The relevance of the problem is due to the insufficient development of the theoretical and scientific-methodological aspects of the mechanism of legal protection of public relations in the field of professional sports in Russia. The purpose of the article is to develop a concept for the development of criminal legislation on responsibility for sports crimes. The main research method of this problem is formally legal, which allows the authors to formulate proposals for improving the criminal law. In addition, comparative legal and sociological methods were used to ensure the reliability of the results obtained. The study revealed that the following acts that infringe on relations in the field of sports are subject to criminalization within the framework of current Russian criminal law: 1) giving and receiving bribes by persons performing organizational and administrative and administrative functions in connection with the organization and conduct of professional sporting events; 2) hooligan behavior of spectators and other persons present during a professional sporting event. The study is aimed at the formation of a system of competencies among law enforcement officers to counteract violations in the field of sports, including the use of criminal law enforcement measures. The novelty and originality of the study lies in the fact that for the first time a concept is proposed for the development of criminal legislation on responsibility for crimes in the field of sports in the form of a revision of the corresponding criminal law norms.
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Morhunov, O. A., I. V. Lysenko, and A. M. Lysenko. "Sources of Civil and Sports Law as a sub-branch of Civil Law of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 71–80. http://dx.doi.org/10.32631/v.2022.2.06.
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The article is devoted to the topical issues of analysis and systematization of sources of Sports and Civil Law. The role of sports in the development of modern society is constantly growing. The development of civil and sports legal relations requires the systematization of the sources of Sports Law, which should harmonize the entire complex of normative legal acts in the field of physical culture and sports. This would make it possible to develop educational programmes for training future specialists in this field, and would raise the legal resolution of disputes in this field to a more professional level.
State policy and private financing in this area require a qualitatively new level of legal regulation. This requires the creation and systematization of legal norms regulating sports relations. In particular, among the issues that require a legislative solution are the regulation of the legal status of the athlete, the peculiarities of the protection of the rights and interests of the subjects of sports relations, and more. For this, first of all, it is necessary to determine the legal sources of Civil and Sports Law and unify them with international legal sources.
Civil and Sports Law has its own sources of law. This is the basis for its inclusion in the structure of the civil legislation of Ukraine. Systematization of civil sports legislation should be carried out through codification. This is explained by the presence of a large number of sources of Sports Law, which contain conflict of laws rules and do not always meet international requirements and standards, as a rule, they are of a general nature. It will also help to eliminate the gaps and contradictions that currently exist in the legal acts regulating the relationship between physical culture and sports. In addition, Civil and Sports Law will meet international standards, the legal status of professional athletes and other subjects of sports legal relations will become more protected, research in the field of Private Law regulation of social relations arising in the field of physical culture and sports will be intensified, it will make it possible to establish the procedure for consideration of disputes between subjects of sports legal relations more transparent.
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Kobzeva, T. A., and I. O. Kulish. "SPORTS LAW AT THE CURRENT STAGE OF CHANGES AND REFORMS OF THE CURRENT LEGISLATION OF UKRAINE." Legal horizons, no. 22 (2020): 29–34. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p29.
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By the beginning of the new millennium, a common understanding of the role and place of sport in the state, society and personality had developed in the world’s leading countries. Being an integral part of social life, sport is often called the socio-economic phenomenon, one of the most important parts of the foundations for building modern social values and culture. Sport is a social phenomenon that has a tremendous impact on various spheres of society: economy, management, culture, education, international relations, political processes, and, most importantly, the nation’s health. Today, the country is in a fragile phase of development and change. We have never before been able to change the internal situation and system. But it is important to focus not only on general issues but also on more everyday ones such as sports. The level of development of sport is always an indicator in the world of the country’s development on the international stage, the health of the nation and its spiritual and patriotic filler. Today, sports law in the country is just beginning to develop and become established, but it can already be seen that almost every leading law firm in the country provides services in the field of sports law separately. Unfortunately, there is almost no legal regulation in the field of sports in Ukraine. Recently, however, both administrative and criminal liability have been introduced for some violations, which is a good signal. It is necessary to cover the analysis and improvement of the legislation, because only in this way will the legal and actual development of the industry be achieved. The analysis of national and foreign legislation, works of scientists is carried out in this work, and directions of further reformation and development of the field of sports and physical culture are developed. The correlation of the norms of the domestic legislation with the norms of the international legislation and the introduction of the necessity of introducing our state into the international sports institutions are also analyzed. Developing approaches will help develop amateur and professional sports, take another step in the fight against corruption and improve society. Keywords: sports, sports law, international sports law, physical culture, Olympic Committee, doping, administrative management, corruption, health.
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Samat, A. B. "Sports law concept. Subject and method of sports law." Scientific works "Adilet", no. 4 (2020): 91–96. http://dx.doi.org/10.54649/2077-9860-2020-4-91-96.
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Sport is one of the most important spheres of social life. The society is engaged in sports for the sake of maintaining health, discipline and increasing the working capacity of the population. Also, sport has always been an indicator of state "power", an indicator of the social level of the state, the level of development of the nation and also the defense capability of the country. The number of athletes, both amateurs and professionals, is growing from year to year. Since sports events attract significant attention of people, funds from the state budget and sponsors are invested in the development of sports. In turn, the budgetary financing of sports increases the requirements of society and the state to the organization of sports events, the activities of their participants. In this regard, an effective and clear legal regulation in the field of sports is necessary. The relevance of the article lies in the fact that today, in order to improve Kazakhstani legislation, it is necessary to develop research on complex branches of law, the authors are trying to determine the place of one or another set of legal norms that regulate relations in the most important areas of society, but at the same time are not considered as independent branches of law. In this article, the author considers sports law as a complex branch of law with its inherent regulatory methods.
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Kudryavtseva, Larisa V., and Anna V. Naryshkina. "Legal regulation of sports agents in Russia." Law Нerald of Dagestan State University 42, no. 2 (2022): 100–104. http://dx.doi.org/10.21779/2224-0241-2022-42-2-100-104.
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This scientific article examines theoretical aspects in the field of professional activity of sports agents. The article considers the history and causes of agency activity in the field of professional sports and sports of higher achievements. The role of sports agents in the employment of athletes and coaches of junior, youth and professional sports is also noted. In the article, the authors analyzed the current federal legislation on the stated topic, identified "gaps" and shortcomings of legal technology. Local acts of sports organizations have been stu-died, which are the basis for regulating the activities of athletes, coaches, sports clubs and other persons within the framework of these organizations (legal entities). Special attention is paid to the issue of mandatory accreditation fees for obtaining a sports agent license for a specific sports organization. The authors raise the question of the expediency of their systematic reduction, since this fact will contribute to increasing the level of competition in this field of professional activity. The authors conclude that the activities of sports agents need more detailed legislative regulation at the federal level. Also, taking into account the specifics of this activity, other existing problems should be studied by specialists in the field of sports law.
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Dizer, Oleg Alexandrovich, Irina Gennadievna Bavsun, Andrey Viktorovich Zarubin, Vladimir Nikolaevich Safonov, and Georgy Yurievich Sokolsky. "Sports crimes: issues of systematic approach, criminalization and qualifications." SHS Web of Conferences 108 (2021): 02009. http://dx.doi.org/10.1051/shsconf/202110802009.
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The study prerequisites are the fragmentation in the current criminal legislation of criminal law standards protecting the field of sports, as well as the issues of criminalization of acts in sports and the qualification of sports crimes. The study aims to solve the issues of systematization of regulatory provisions, the object of which is social relations in sports, taking into account the characteristics of the generic and specific objects, the degree of encroachment danger. The methods included the dialectical method, abstraction, analysis, synthesis, deduction, formal legal method, method of comparative jurisprudence. The results and novelty of the study reside in the conclusions about the advisability of identifying a separate specific object of criminal law protection (social relations in sports), which would systematize related and close acts not only in professional sports but also at all levels of official sports competitions. In this context, the issues of criminalization and qualifications of causing harm to life and health of an individual in violation of the sport rules, exerting unlawful influence on the result of an official sports competition, actions provided for in Art. 230.1 and 230.2 of the Criminal Code of the Russian Federation, as well as the synchronization of the subject of the latter with the subject of Art. 234 of the Criminal Code of the Russian Federation. Based on the foregoing, the recommendation of isolating a separate chapter in the Criminal Code of the Russian Federation and issuing a separate Resolution of the Plenum of the Supreme Court of the Russian Federation on crimes in sports is substantiated. Such measures will be able to optimize the criminal law protection of such an important sphere of public life as sports. In addition, this will make it possible to bring the quality of domestic criminal legislation and sports legislation to the international level and significantly increase the prestige of the Russian Federation.
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Turyanytsia, O. O. "Mechanism of realization of the rights of professional athletes in Ukraine: constitutional and legal analysis." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 69–76. http://dx.doi.org/10.24144/2307-3322.2021.64.13.
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The Constitution of Ukraine enshrines the duty of the state not only to take care of the development of physical culture and sports (Article 49), but also to respect and protect the rights and freedoms of human and citizen (Part 2 of Article 3 of the Constitution of Ukraine). The protection of state powers is one of the most important indicators of a legal and democratic state [1].One of the most important steps on the way to solve this problem is the effective and efficient work of the legislator. Despite the huge amount of legal material, it is worth noting the existence of gaps and conflicts in the legislation, or even the absence of rules that would regulate public relations related to the peculiarities of the development of social activities in the field of sports.Instead, local regulations, rules or decisions of specialized non-governmental organizations leading an international sports movement are recognized as binding, in violation of existing national regulations. That is why a separate constitutional and legal study needs «autonomy of sport» as a fact that has developed and regulates professional sports in Ukraine.
The purpose of the article is a review and constitutional and legal analysis of the mechanism of realization of the rights of professional athletes speaking of the autonomous nature of activities in the field of sports.A number of facts confirming the existence of «autonomy» in the field of professional sports are considered, namely, alcohol advertising, the relevant powers of the Ministry of Youth and Sports of Ukraine and the limit on legionnaires. The jurisdiction of sports justice is analyzed.The inconsistency of local regulations with the provisions of the Constitution of Ukraine and other national legislations has been proved. The expediency of creating a separate specialized arbitration center - a permanent arbitration court in the field of sports - is substantiated. Emphasis on the need to allocate sports law in a separate branch of law and the adoption of a special Law of Ukraine «On Professional Sports», which will form common principles and a comprehensive approach to the regulation of relations in this area is placed.
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Tydykova, Nadezhda, and Ekaterina Kovalenko. "On the Definitions Used in Sports Law." Legal Linguistics, no. 21 (32) (October 1, 2021): 20–25. http://dx.doi.org/10.14258/leglin(2021)2104.
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The article concentrates on the study of the basic concepts used in the text of the Federal Law of December 4, 2007 N 329-FZ «On physical culture and sports in the Russian Federation». The definitions of the concepts «sport» and «physical culture» are analyzed. The authors have concluded that the legal definition of sport is consistent with the broad understanding of this phenomenon in science. It has been proved that the legislator uses the constitutive features of sport and physical culture in a contradictory way when giving other definitions. This problem has been revealed during the study of the concepts: «school sport», «student sport», «corporate sport», the content of which combines both features of sport and features of physical culture. The authors also propose to distinguish between the physical education for physically impaired people and persons with disabilities, aimed at rehabilitation and sports activities of the same categories, aimed at achieving purely sports results by developing appropriate definitions and fixing them in the text of the studied law. Attention is drawn to the impossibility of determining the ratio of such concepts as «corporate sport» and «sport at the place of work», «sport at the place of residence and recreation» and «mass sport» for reasons caused by defects in legislative technology. Such categories as «professional sports», «sports of the highest achievements» and «mass sports» are discriminated. The position is expressed that the absence of the term «amateur sport» in the studied law has objective reasons and is not a disadvantage. In conclusion, the authors state that it is necessary to elaborate the concepts under study and their terminological improvement. Such a measure will allow not only to improve the text of the studied law from the standpoint of legislative technique, but also to clearly formulate the subject of sports law.
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Kovalenko, E. Y., I. V. Kiryushina, and N. V. Tydykovа. "RESPONSIBILITY FOR ILLEGAL BEHAVIOR OF SPORTS FANS: NATIONAL, FOREIGN AND INTERNATIONAL LEGAL REGULATION." Russian-Asian Legal Journal, no. 3 (October 18, 2022): 57–63. http://dx.doi.org/10.14258/ralj(2022)3.10.
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The article analyzes the issues of responsibility of sports fans for illegal behavior during mass sportsevents. The forms of manifestation of illegal behavior of fans, the current Russian and foreign legislation in this area are investigated. The legislation of the European Union is being considered, including theEuropean Convention on the Prevention of Violence and Hooligan Behavior of Spectators during SportingEvents and, in particular, football matches, the legislation of other states establishing responsibility forthe illegal behavior of fans. The article presents an analysis of certain norms of Russian law that establishresponsibility for violating the Rules of behavior of spectators during official sports competitions, includingsuch an administrative measure as a ban on attending sports events. It is concluded that it is necessary tostrengthen responsibility for offenses committed by sports fans, the adoption in the Russian Federation ofa number of special norms establishing criminal liability for such crimes, and the adoption of a special lawregulating the sphere of professional sports
10
Kyselova, O. "Peculiarities of disciplinary responsibility of professional athletes." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 172–77. http://dx.doi.org/10.24144/2788-6018.2022.05.31.
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The article is devoted to the study of the peculiarities of the disciplinary responsibility of professional athletes. The article reveals the meaning of the concept of disciplinary responsibility, the features of a professional athlete's disciplinary offense, and the specifics of bringing an athlete to disciplinary responsibility. Within the framework of the article, the issue of the admissibility of applying certain types of sanctions, particularly a fine, will also be investigated, and attention will be paid to the point of responsibility for violation of the sports regime. The issue of disciplinary responsibility of this category of employees is relevant and necessary to study in connection with the lack of a clear understanding of the specifics of the mentioned institute, the lack of distinction between disciplinary responsibility and other types of legal responsibility, as well as some other problems that arise when applying disciplinary sanctions to athletes professionals’ Legal regulation must be effective and meet the requirements of the time. The completeness of the liability rules is a guarantee of ensuring the constitutional rights of subjects of labor relations. Detailing the rules on disciplinary responsibility allows for the definition of clear boundaries of acceptable behavior for the employer and necessary behavior for the employee. The disciplinary responsibility of athletes is fully established depending on the specific sport by disciplinary statutes, regulations, regulations rules of the relevant international sports federations, national sports federations, clubs, and associations. Therefore, the legal regulation of the activities of professional athletes differs from the general regulation, has its characteristics, and requires special attention from the legislator. In particular, the article focuses attention on the need to introduce special disciplinary responsibilities for professional athletes, in particular through the adoption of a special law regulating the professional activity of athletes. The article proposes other measures to improve the current labor legislation.
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Vaskevich, V. P. "Optimization of Relations Regulation Methods in Professional Sports." Lex Russica, no. 5 (May 26, 2022): 137–50. http://dx.doi.org/10.17803/1729-5920.2022.186.5.137-150.
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The paper is devoted to the problem of approaches to the legal organization of professional activity of an athlete. In the field of professional sports, it is easy to find almost all known methods of legal influence: from prohibitions, obligations and restrictions to encouragement, stimulation, permission. But the method that has the greatest impact on relations with the participation of professional athletes is based on the fact that the personal will (decisions) of athletes determines this activity in basic legal facts and features. The legal regulation of professional activity of athletes develops primarily under the influence of dispositive norms, supplemented in appropriate cases by mandatory norms. To characterize the methods of regulating relations in sports, it is necessary to take into account a number of circumstances atypical for ordinary legal regulation (for example, a feature of the sphere under consideration is a layer of relatively soft methods of influence, i.e. explanations and recommendations). Among the special methods of regulating sports activities was and remains one or another way of combining acts of law-making, formed both in the field of state legal influence and in the field of corporate law-making. An intersectoral approach is essential in the development of regulatory impact on relations in professional sports, which allows taking into account the impact of various rules on certain relationships, which will potentially allow for a more reasonable distribution of rights and obligations, achieve the goals of legislative and other regulation, as well as effectively protect the subjects of rights. When constructing and organizing legal material containing complex (in-industry) regulation of relations in sports, it would be correct to use the techniques of private international law based on various conflict of laws bindings. The author concludes that it is necessary to continue work on optimizing the methods of regulating relations in professional sports.
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Paliukėnas, Arnas. "Sportinės veiklos sutarties teisinė prigimtis." Teisė 82 (January 1, 2012): 107–19. http://dx.doi.org/10.15388/teise.2012.0.120.
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Lietuvos teisės aktuose ir teisės doktrinoje nėra aiškiai apibrėžta, kokiai teisės šakai reguliuoti priskirti remiantis sportinės veiklos sutartimi atsirandančius santykius, todėl straipsnyje lyginamuoju aspektu analizuojama kai kurių užsienio valstybių praktika šioje srityje. Straipsnyje remiantis teisės aktais, teismų praktika ir teisės doktrina analizuojamas sportinės veiklos sutarties pobūdis, t. y. kokios teisės šakos teisės normos reguliuoja šia sutartimi tarp profesionalaus sportininko ir sporto klubo atsirandančius teisinius santykius.In Lithuanian legislature and law doctrine there is no explicitly defined to what branch of law regulation must be attributed regulation of the relationship resulting from the sportactivities contract. For this reason article gives a comparative analysis of some foreign countries practice in this area. The article, according to legislation, jurisprudence and legal doctrine discusses sport activities contract nature, t. e. what branch of law norms regulates arising between a professional athlete and sport club.
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Zalcmane, Karina, Marina Kamenecka-Usova, and Atis Bickovskis. "The Problematic Issues of Sports Law in Latvia: Compliance of Labour and Tax Legislations from the Sustainable Development Perspective." European Journal of Sustainable Development 10, no. 4 (October 1, 2021): 291. http://dx.doi.org/10.14207/ejsd.2021.v10n4p291.
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Sport performs several functions in society: an educational, a social, a cultural as well as a recreational function. Nevertheless, sport is also a business: in economic terms, it is a rapidly growing area accounting for 3% of world trade and is one of the sectors most likely to generate new employment in the near future (Colucci & Hendrickx, 2014). For that reason, at the present stage of sustainable development of sports in Europe in general and in Republic of Latvia in particular, there is a growing need for a clear regulation of the employment relations of professional athletes and transparency of taxation in the sports industry. Taking these considerations into accounts, aim of the research paper is to assess the theoretical and practical issues related to employment relationships and taxation in Latvian sports from the sustainable development perspective. The methodological basis of the research consists of general scientific and special legal research methods.
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TITLOVA, D. V. "Features of establishing liability for crimes involving the use of doping in the field of sports." Ius Publicum et Privatum 1, no. 11 (March 31, 2021): 72–77. http://dx.doi.org/10.46741/2713-2811-2021-1-72-77.
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The article analyzes the content of those innovation norms in the Russian criminal legislation that establish liability for the use of doping drugs in the field of amateur and professional sports. The article provides evidence of the high social and political significance of social relations that have developed in the field of sports. The promotion of a sports lifestyle is one of the conditions for protecting the health of the nation, as a result of which the health safety of persons taking direct part in sports at various levels should be provided with special criminal law means, which implies the allocation of a separate object in the structure of the Special Part of the Criminal Code of the Russian Federation. On the basis of the results of the study of the anti-doping sphere of criminal law protection, as well as the content of special norms of the criminal law, assumptions are made about the presence of gaps in the content of the current norms on liability for the use of doping drugs and other prohibited drugs (substances). On this basis, the work identifies possible directions for the implementation of further scientific research in the field of health protection of persons taking part in sports competitions at various levels.
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Cabot, Anthony, and Keith Miller. "Moving Faster Than the Speed of Regulation: Can State-Authorized Sports Wagering Dodge a Game-Fixing Bullet Without the Help of the Feds?" Journal of Legal Aspects of Sport 30, no. 2 (August 26, 2020): 85–105. http://dx.doi.org/10.18060/24252.
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The Professional and Amateur Sports Protection Act (PASPA), was a 1992 law that, as has been well-documented, effectively restricted sports betting to Nevada. PASPA accomplished this by dictating that states could not "sponsor, operate, advertise, promote, license, or authorize by law or compact," sports wagering. A separate provision forbade private parties from operating state-authorized sportsbooks. In 2018, the Supreme Court invalidated PASPA as a violation of the 10th Amendment to the US Constitution. The Court held that Congress did not have the constitutional authority to tell a state how to legislate and PASPA's provision that states could not authorize sports betting dictated to state legislatures what they were permitted to do and not do. The Court's ruling unleashed an explosion of pent-up energy for sports betting that had been building since PASPA became effective in 1993. Since that decision, several states have authorized sports betting in one of the most rapid expansions of a form of gambling in US history. Even more states are considering legislation that would permit sports betting, and the number of states legalizing and regulating sports betting will inevitably increase in 2020 and beyond. The controversy over sports betting has pivoted from whether states could legally offer sports betting, to whether they should legalize sports wagering, and if so, how they should go about regulating it.
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Koverznev, V. O. "THE “POLYGRAPH SHARIKOV” CONCEPT: PROBLEMATIC ISSUES OF UPDATING THE CIVIL LEGISLATION OF UKRAINE." Economics and Law, no. 2 (September 9, 2021): 143–49. http://dx.doi.org/10.15407/econlaw.2021.02.143.
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The article substantiated that by its legal nature the Concept of updating the Civil Code of Ukraine reflects exclusively the personal views of a small group of scientists, the authenticity of which is not confirmed by the results of scientific research; the document does not have the status of a scientific publication and has not passed the procedure for discussion in the professional environment. The private nature of the Concept preparation excludes its use as a basis for legislative work of the Verkhovna Rada of Ukraine. It has been proved that the Concept has methodological problems, and the proposals formulated in it contradict the Constitution of Ukraine, violate social guarantees and do not agree with the norms of the current legislation, in particular: the Law of Ukraine “On Local Self-Government in Ukraine”, the Tax Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine “On Education”, the Law of Ukraine “On Protection of Economic Competition” etc. It was emphasized that the implementation of certain provisions of the Concept for updating civil legislation of Ukraine will lead to the impossibility of practical implementation by local self-government bodies of functions in the field of housing and communal services, consumer services; in the field of culture, health, education, physical education and sports and the commercialization of these services. This will lead to a rapid increase in the level of prices for housing and communal services, the complete destruction of the system of free medical care, as well as free preschool, complete general secondary and professional (vocational) education. Since more than 60% of the population of Ukraine is currently below the poverty line, a significant increase in prices for utilities, the transfer of healthcare institutions, as well as preschool, general secondary and vocational (vocational) education exclusively on the commercial basis of management will deprive the vast majority of the population of the financial opportunity to pay their market value, which will lead to a further decrease in living standards and deterioration of the demographic situation in Ukraine, which is already unsatisfactory. In addition, the population of Ukraine will be limited in access to the services of cultural, physical education and sports institutions. It was concluded that the refusal of the real right of economic management and the right of operational management will create preconditions for depriving territorial communities of communal property and the impossibility of fulfilling their constitutional powers, as well as to enrich a small group of persons of private law and the final impoverishment of the rest of the population of Ukraine.
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Putzke, Holm, Aleksey Tarbagaev, Аleksandr Nazarov, and Ludmila Maiorova. "Criminal Liability for Using Doping in Sport: German Experience - an Example for Russia?" Russian Journal of Criminology 13, no. 5 (October 31, 2019): 856–67. http://dx.doi.org/10.17150/2500-4255.2019.13(5).856-867.
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The use of doping in sport is quite widespread at present. Primarily, it concerns professional and high level sport, where the best performance results in high income and profitable endorsement deals. It creates a temptation to improve the natural sport achievements through the use of doping. The public danger of such actions is evident: doping not only poses a threat for the athlete’s health, it also, from the viewpoint of justice, infringes on the interests of those athletes who, out of principle, never use prohibited substances and (or) methods to improve their performance in sports. Besides, such actions considerably reduce the educational effect of sport, including the declared honesty and fairness of competition. Finally, the use of doping misleads fans, spectators and sponsors of sports competitions. The authors analyze German criminal anti-doping legislation and assess the possibilities of using some of its clauses to improve Russian criminal law norms that provide for criminal liability in the cases of doping-related crimes. They show if it is possible to use the athletes’ laboratory doping tests, probes, etc. as well as the official decisions of international, national disciplinary bodies and sport courts in criminal proceedings in connection with the well-known principle of nemo tenetur («nobody is bound to incriminate himself» — equivalent to the clause of Art. 51 of the Constitution of the Russian Federation) while taking into account the prejudice principles of Russia and Germany.
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Shablystyi, Volodymyr V., and Dmytro O. Anisimov. "DOPING AS A GLOBAL PROBLEM OF THE 21ST CENTURY ON ACCOUNT OF ITS ILLEGAL INFLUENCE ON THE RESULTS OF OFFICIAL SPORTS COMPETITIONS." Wiadomości Lekarskie 74, no. 11 (2021): 3092–97. http://dx.doi.org/10.36740/wlek202111239.
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The aim: The study of international and domestic practices of Ukraine concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions within the context of such means of its commission as the use of doping for the purpose of obtaining additional arguments to emphasize the benefit / the inexpedience of criminalization of such acts as quasi-corruption fraudulent activities. Materials and methods: The article implements doctrinal provisions of domestic and foreign scientific developments in relation to the liability for illegal influence on the results of official sports competitions by means of the use of doping as well as national and foreign criminal legislation, established law enforcement practices, and results of the sociological survey. For such purpose, the authors utilized the methods of analysis and synthesis, a comparative legal method, methods of survey and generalization of viewpoints, research findings. Conclusions: Authors have established the absence of necessity for the introduction of the criminal prohibition in respect of athletes for the use of doping for an entire span of their professional career as well as for the use of doping as the means for exerting illegal influence on the results of official sports competitions. The expedience of further studies has been ascertained by drawing from the experience of the EU, Australia, Canada, USA, and other countries concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions, legal consequences of the use of doping and corresponding law enforcement practices within the context of grounds and principles of criminalization of socially dangerous acts elaborated by the criminal law studies.
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Varvaštian, Samvel. "A Review of EU Regulation of Sports Nutrition: Same Game, Different Rules." German Law Journal 16, no. 5 (October 2015): 1293–315. http://dx.doi.org/10.1017/s2071832200021131.
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AbstractToday's athletes, both professionals and amateurs, use a wide range of different nutritional substances to increase training performance, improve the recovery process, burn fat, gain muscle mass, etc. Although such substances are not always thoroughly researched for their potential effect on humans, they are popular and easy to obtain. Therefore, an adequate regulatory system is needed to ensure the protection of consumers. Currently, however, there are no specific provisions with regard to sports nutrition in EU law; thus, such products are usually marketed as food supplements, fortified foods, dietetic foods, and/or foods with nutrition or health claims. This article reviews the relevant legislation with a particular emphasis on policy developments regarding sports nutrition.
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Galatti, Larissa, Otavio Baggiotto Bettega, Vinícius Zeilmann Brasil, Antonio Evanhoé Pereira de Souza Sobrinho, Rachael Bertram, Alexandre Vinicius Bobato Tozetto, Heitor Andrade Rodrigues, Carine Collet, Juarez Nascimento, and Michel Milistetd. "Coaching in Brazil Sport Coaching as a Profession in Brazil: An Analysis of the Coaching Literature in Brazil From 2000-2015." International Sport Coaching Journal 3, no. 3 (September 2016): 316–31. http://dx.doi.org/10.1123/iscj.2015-0071.
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Sport coaches in Brazil have been recognized as professionals since the implementation of law 9696 in 1998. However, little is known about the impact of this law on the production of coaching science in this country. In an attempt to situate the sports coaching research produced in Brazil since then, the aim of the current study was to show an overview of Brazilian publications from 2000 to 2015. Eight journals were selected and a review was performed in 425 issues of the journals from 2000 to 2015. As a result, 82 published articles were analyzed. On average, five articles were published each year, with 81.7% of the articles published from 2009 to 2015. The findings illustrate that 37.7% of the articles were focused on coaches’ thinking and 29.5% on coaches’ behaviors, 48.7% used qualitative methods, while 40.3% used quantitative methods and 20.9% used mixed methods. Only two articles attempted to explore the impact of the 1998 legislation on the development of sport coaches in Brazil. In general, research on sport coaching in Brazil seems to be emerging on an international level, as there has been an increase in publications over the past seven years, especially in the lead-up to the Rio2016 Summer Olympic Games.
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Khudoyberdiev, Abdurashid. "GENERAL ACTION OF THE NATIONAL GUARD UNITS WITH THE LAW ENFORCEMENT AGENCIES IN MAINTAINING PUBLIC ORDER DURING PUBLIC EVENTS." American Journal of Political Science Law and Criminology 04, no. 02 (February 1, 2022): 69–73. http://dx.doi.org/10.37547/tajpslc/volume04issue02-12.
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The article proposes to make additional amendments to some legislative acts in order to further improve the organization and conduct of mass events, strengthen measures to ensure the safety of citizens and public order during their conduct, ensure the legality of the actions of internal affairs bodies and the National Guard during their conduct on the basis of laws and other established normative legal acts. The general concept of a mass event is defined by the author as socio-political conferences, congresses, cultural and entertainment programs of musical, literary and other festivals, concert, theater, sports, advertising events, folk festivals, circus, national performances and games with the participation of 100 or more people, as well as the participation of citizens organized at the venue of a mass event in order to hold national, religious, professional holidays.
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Mould, Kenneth. "The Suitability of the Remedy of Specific Performance to Breach of A "Player's Contract" with Specific Reference to the Mapoe and Santos Cases." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 188. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2554.
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During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism to one of professionalism. Professional participants in the sport received salaries for participation, and rugby became a business like any other. As in all forms of business, rugby had to be regulated more efficiently than had previously been the case. Tighter regulations were instituted by governing bodies, and ultimately labour legislation became applicable to professional rugby. A professional sportsman or woman participating in a team sport is generally considered an employee. This means that the same principles that govern employees in general should also apply to professional sportsmen and women. The exact nature of the "player's contract", a term generally used to describe the contract of employment between a professional sportsman or sportswoman and his or her employer, deserves closer attention. It has been argued with much merit that the "player's contract", while in essence a contract of employment, possesses certain sui generis characteristics. The first aim of this article is to demonstrate how this statement is in fact a substantial one. If it is concluded that the "player's contract" is in fact a sui generis contract of employment, the most suitable remedy in case of breach of contract must be determined. The second aim of this article is to indicate why the remedy of specific performance, which is generally not granted in cases where the defaulting party has to provide services of a personal nature, is the most suitable remedy in case of breach of "player's contracts". To substantiate this statement, recent applicable case law is investigated and discussed, particularly the recent case of Vrystaat Cheetahs (Edms) Beperk v Mapoe. Suggestions are finally offered as to how breach of "player's contracts" should be approached by South African courts in future.
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Zaccagnini, Ashley Jo. "Time’s Up: A Call to Eradicate NCAA Monopsony Through Federal Legislation." SMU Law Review Forum 74, no. 1 (April 2021): 55–91. http://dx.doi.org/10.25172/slrf.74.1.3.
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Few traditions are as near and dear to the hearts of Americans as college athletics. The institution holds a special place in society because it reflects the ultimate convergence of those values that uniquely define the United States: loyalty, competitiveness, and pride. However, the notion of basic fairness seems to have been excluded along the way, as the commercialization of college athletics gave way to total dominance over the industry by the National Collegiate Athletic Association (NCAA). The NCAA promulgates sports rules and organizes collegiate-level championships, but its most influential role involves promoting “amateurism,” or the notion that student-athletes are not entitled to compensation because college athletics should be about the love of the game, not monetization. While amateurism may be touted as an honorable principle aimed at preserving the character of college athletics and its differences from professional sports, the principle is more difficult to justify at a time when the NCAA earns $1.1 billion per year in revenue, none of which is shared among student-athletes who work full-time and typically live below the poverty line. Last year, state legislators paused to consider whether any justification exists for continuing to adhere to the NCAA’s archaic system of denying compensation to student-athletes in light of the fact that “amateurism” holds no significance in a legal sense. Given the lack of any such justification, the California legislature became the first to explicitly defy the NCAA in passing the Fair Pay to Play Act in September of 2019. Since then, a number of states have followed suit by drafting nearly identical laws that would likewise have the effect of permitting student-athletes to earn compensation for use of their name, image, and likeness (NIL). Unsurprisingly, NCAA leadership vehemently condemned the movement at first, threatening to strip member institutions affected by the new legislation from the organization altogether. The NCAA has since reneged on its hostile position, making a public commitment to reform its policies so as to authorize paid endorsement opportunities for student-athletes on some level. However, the organization will undoubtedly attempt to minimize the impact of the Fair Pay to Play Act and its progeny whether through litigation or by crafting new restrictive policies ultimately aimed at nullifying the effects of new laws. Admittedly, the state-by-state approach to adopting a new stance on athlete compensation comes with a number of practical challenges, thereby providing fertile ground for the NCAA to launch powerful objections. This Comment aims to present a workable solution in the form of a comprehensive federal law, which would secure the rights of student-athletes to earn compensation for use of their NILs before the NCAA is given the opportunity to preempt the significance of that right. While several congressmen have drafted federal laws related to the topic of NIL rights in this context, this Comment identifies particular issues that have been overlooked at the state level thus far, recommending specific provisions that would not only embrace student-athletes’ rights in principle as a matter of basic fairness, but make those rights a practicable and economically feasible reality.
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Dorskaia, Aleksandra A., and Andrei Yu Dorskii. "Co-regulation as a way to improve the effectiveness of legal regulation in sports." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 263–75. http://dx.doi.org/10.21638/spbu14.2021.202.
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In the article, the authors formulate a definition of co-regulation based on an overview of the approaches available in documents and regulations from the European Union. Co-regulation does not appear to be an intermediate form between state regulation and self-regulation, but rather an independent method of social regulation that can significantly improve legal regulation effectiveness. This is achieved by combining legal principles and norms and state control over their implementation with a broad discretion of professionals in a particular field. Sports is considered a classic case of co-regulation since all Russian sports federations pursue the legally defined goals (development of one or more sports in the Russian Federation, their promotion, organization, sporting events and training of athletes who are members of national sports teams), achieve these goals to realize the legally defined rights and obligations, and undergo evaluation for effectiveness and accreditation by the state. The article thoroughly analyzes the history of adopting a package of amendments to Russian legislation in order to introduce arbitral proceedings for athletes and coaches’ individual labor disputes in 2020. This example demonstrates the weaknesses of exclusive state regulation of legal relations in sports and the shortcomings of self-regulation. Specific problems are identified: their solutions are quite complicated when one has to choose one of the above-mentioned models or their combination, the status of “legionnaires”, duration of labor contracts, conditions for paying salaries and others. The arguments in favor of introducing a national arbitration for athletes and coaches’ labour disputes are considered. The status of Russian and international sports federations is studied in terms of their classification as self-regulatory organizations and the inconsistency of the independent status of sports organizations is demonstrated. In conclusion, the authors propose an amendment to the Federal Law on Physical Culture and Sports in the Russian Federation to legalize co-regulation in this area.
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Polishchuk, M. A., and A. V. Shishkina. "THE POSSIBILITIES OF SOCIOLOGICAL STUDY OF PHYSICAL CULTURE AS A MEANS OF FORMING A HEALTHY LIFESTYLE AMONG STUDENTS." Вестник Удмуртского университета. Социология. Политология. Международные отношения 6, no. 4 (December 24, 2022): 451–60. http://dx.doi.org/10.35634/2587-9030-2022-6-4-451-460.
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This article presents an attempt to determine a preferred way of forming a healthy lifestyle of university students within the discipline "Physical Culture". According to a number of researchers, the foundations of the principles of healthy lifestyle are laid long before entering the higher education system. But the system itself cannot stay away from the changes taking place in modern Russian society. An important tool through which it is possible to influence the healthy lifestyle of students is the training system within the discipline "Physical Culture" organized at a university. Thanks to this system, it is possible to change the shape and nature of the students' lifestyle to varying degrees. It turns out to be significant that in the modern world, young people, and students in particular, are influenced by two contradictory trends in the formation of their lifestyle. On the one hand, society requires students to think about the future, pay great attention to health and be able to keep it in good condition, and on the other hand, there are changes in the educational process of higher educational institutions, mainly in the direction of reducing the hours of classroom workload for students. The state also focuses on the problem of public health. In this regard, the Federal Law "On Physical Culture and Sports in the Russian Federation" dated December 4, 2007 (No. 329-FZ of December 4, 2007) appeared in Russian legislation. Also in the Federal Target Program "Development of Physical Culture and Sports in the Russian Federation for 2016-2020" (No. 464 of 05/25/2016) the need to popularize the standard of healthy lifestyle as one of the most important priorities of Russia's social and economic policy was emphasized. The basis for this article was a part of the study by A.V. Shishkina, a graduate of the Institute of History and Sociology, department of Sociology, UdSU, conducted in 2018-2020 and performed under the scientific supervision of Ph.D., Associate Professor M.A. Polishchuk. The results obtained can be useful to specialists in working with young people, contributing to improving the culture of serving visitors of different socio-demographic groups and more careful planning of their professional activities.
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Iwanowicz-Palus, Grażyna Jolanta, Justyna Krysa, Magdalena Korżyńska-Piętas, Ewa Rzońca, and Agnieszka Bień. "Midwife’s professional functions prescribed by the law." Polish Journal of Public Health 128, no. 2 (June 1, 2018): 74–77. http://dx.doi.org/10.2478/pjph-2018-0013.
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Abstract A midwife is an independent medical profession regulated by law. It is treated as a mission, a profession of public trust. The independence of midwife expresses in the professional activities which are performed in accordance with professional competences. Moreover, it is a universal feature of the midwife profession. International and national regulations are important in process of shaping the legal status of the midwife profession. Due to its nature, this profession requires from the midwives continuous, lifelong learning and professional improvement. National and European legislation on midwife profession indicates professional functions which are characteristic for this profession. Knowledge of professional legislation and its conscious application in professional practice is a basic obligation in the midwife’s practice. Lack of knowledge in this regard has serious legal and moral consequences, as well as might pose a risk to the patient safety. This study contains an analysis of the legislation that determine the professional functions of midwives and influence the rules of the professional performance for midwifery profession.
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Demyanchuk, Olena, Iryna Erko, Ninel Matskevych, and Vasyl Voitovych. "The Organization of Sport Tourism of the Volyn Regional Centre of Tourism, Sports and Travelling Tours." Physical education, sports and health culture in modern society, no. 2(38) (June 30, 2017): 5–9. http://dx.doi.org/10.29038/2220-7481-2017-02-05-09.
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The article deals with an overall analysis of legislative documents, research and methodological literature, the reports of the regional Centre of Tourism, Sports an Travelling tours as well as the published materials related to the out-of-school activities in the Volyn Region. Under consideration are state-level regulatory aspects of the tourism ethnography job in out-of-school institutions of Ukraine. The job in the field of Sport Tourism of Ukraine is headed by the Ukrainian State Centre of Tourism and Ethnography. This company serves the interests of the schoolchildren And is subordinated to the Ministry of Education and Science. The Centre of Tourism, Sports and Travelling Tours (functioning in the framework of the Volyn State Administration) is the most important out-of-school institution and coordinator of the tourist-ethnographic work in Volyn Region and one of the most prominent agencies in the fields of tourism for Ukrainian children and adolescents. Of great importance for the development of sport tourism and ethnography in Volyn region is the interest clubs operating in the Regional Centre of Sports and Travelling Tours. The number of those interest clubs and hobby groups is fairly considerable. The replies of the respondents of a poll demonstrate the children’s participation in different sport tourists clubs of Volyn Region with the emphasis on a specific variety of tourism. The article contains the analysis of the major professional fields of the Agency: sport orienteering; sport tourists; geographic ethnography; geological ethnography; project of sport orienteering; project «A Wandering Mr.Know-All»; the project of «Tourism for Everyone»; Young Tourists as Ethnographers; historical Ethnography. The natural environment and resources of the Volyn region are quite propitious for the development of the touristethnographic and sport-tourist activity of the young people. The region offers very good opportunities for arranging walking and hiking tours, contests and just a recreation in the lap of nature. The contents of the activities of a typical interest club have been studied (the focus is on its resources and conditions). The task of our research is to analyze the peculiarities of the job of the tourist society as well as the problems it may face with. The accumulated knowledge, experience, the adequate organization and careful planning of the Centre’s job will make it possible to upgrade the training the tourist staff, encourage the schoolchildren to participate in large-scale tourist events, contests, travelling tours.
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Petrov, A. Ya. "Professional Education and Law in the USSR (1970s)." Pravo istoriya i sovremennost, no. 4(17) (2021): 065–74. http://dx.doi.org/10.17277/pravo.2021.04.pp.065-074.
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The article is the first part of a series devoted to topical legal issues of the development of the training system for workers and vocational education in vocational schools in the Soviet Union. Part one is devoted to the study of the legal foundations of vocational education in the 1970s. The author characterizes the Fundamentals of Legislation of the USSR and the Union Republics on Labor (1970) in conjunction with the Labor Code of the RSFSR (1971). The novelties of legislation are analyzed.
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Langley, Christopher A. "PHARMACY LEGISLATION: PUBLIC PROTECTOR OR PROFESSIONAL HINDRANCE?" Medical Law Review 22, no. 1 (December 2013): 87–108. http://dx.doi.org/10.1093/medlaw/fwt037.
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Del CASTILLO Rodríguez, Carlos. "PHARMACEUTICAL LEGISLATION OR PHARMACEUTICAL LAW? ANALYSIS." Vitae 18, no. 1 (May 17, 2011): 83–87. http://dx.doi.org/10.17533/udea.vitae.8771.
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After legal enaltment in the pharmaceutical profession appear two intimately related concepts: the pharmaceutical law andt the pharmaceutical legislation that we should define and analyze. On the one hand, the pharmaceutical law is a heterogeneous group of dispositions regulating directly or indirectly the pharmaceutical activity. It cannot be considered an independent branch of the law, but it is possible for practical effects to order systematically the legal regulations. Such is the source of a new branch inside the sanitary law, the pharmaceutical legislation, that every pharmacies most know in applied to his scientific-professional activity which evolution is vertiginous. This paper will study this concept. From the beginning this study requires the most appropriate methodological tools. The most important one for investigation must be the desire to mark out the treated topics guided by the necessary documentation. The use methodology is the usually followed in the works of pharmaceutical legislation where the primary source is found in the diverse official bulletins publishing the legal disposition and the critical literature of the topics.
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Fazli, Fazal Hadi. "The Law-making Process in the Legal System of Afghanistan." American Journal of Law and Political Science 1, no. 2 (December 22, 2022): 21–28. http://dx.doi.org/10.58425/ajlps.v1i2.88.
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Purpose: In every legal system worldwide, may it be the common law system, the civil law system, or the Islamic legal system, the legislation or the law-making is not the same and it differs a great deal. This research is conducted to prove that the Afghan legislative system is very distinctive in terms of legislation and has certain principles, resources, and professional entities for effective legislation or law- making. Moreover, the legislation or the law-making system is considered a scientific, technical, and professional process in the legal system of Afghanistan. The current legislation system in the country paves the way for prosperity and development of the legal system so that justice and social welfare on the one hand and the rule of law on the other hand are implemented more than before.
Methodology: The doctrinal research methodology and a descriptive, explanatory, and analytical research approach were used in this work.
Findings: This study showed that most of the Afghan academicians and legal scholars believe that the current Afghan legislation system is entirely based on technical, scientific, and professional means which on the one hand open the way for social development, welfare, and prosperity and on the other hand the rule of law is implemented.
Conclusion: Most of the Afghan legal scholars and academicians suggest having excellent laws and following them are really essential. However, the drafting of laws requires a well-organized process in order to have good governance and rule of law in Afghanistan.
Recommendations: This study recommends that while the Afghan government require to enact a law, it must first determine the need for the law, suggest it to the legislative body, who will then draft and pass the law. Furthermore, for a desirable and effective result, the Afghan government should pay more attention to the implementation of a particular law.
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Filchakova, S. Yu. "Business qualities in labor law." Siberian Law Herald 3 (2021): 27–31. http://dx.doi.org/10.26516/2071-8136.2021.3.27.
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Based on the analysis of the current legislation, the necessity of a legal definition of the concept of «business qualities» is sub-stantiated. The point of view is argued that the state of health as a personal characteristic is not one of the constituent elements that determines, along with professional, qualification characteristics, the category of «business qualities». It is concluded that the definitions «labor function», «qualifications» and «professional standard» are interrelated concepts, defining in general the category of «business qualities».
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Ostrohliad, Oleksandr. "Criminal law regulation in the professional activity of a journalist." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2020): 171–80. http://dx.doi.org/10.33098/2078-6670.2021.11.23.171-180.
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Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.
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Madrera Mayor, Eduardo, Andrés Garrido González, and Luis Esteban González. "La formación de profesionales de las actividades físico-deportivas en la enseñanza no-universitaria (Teaching professionals of sports and physical activities of non-degree education)." Retos, no. 27 (March 5, 2015): 152–58. http://dx.doi.org/10.47197/retos.v0i27.34369.
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Las nuevas y diferentes demandas de la sociedad española en relación a la práctica de actividad física y deportiva, requiere formar personal cualificado en diferentes niveles y ámbitos. Alternadas leyes educativas y deportivas en estos últimos años han intentado contribuir a incorporar enseñanzas no universitarias específicas del deporte al sistema educativo. A partir de esta voluntad de ordenación académica se establecen nuevas estructuras, certificaciones y titulaciones, siendo necesario revisar y analizar el actual sistema de formación de técnicos, la legislación estatal y autonómica que aborda este ámbito, y su relación también con el marco europeo. En el contexto de esta situación quizás las necesidades y ajustes se muestren carentes o insuficientes frente a la elevada demanda de usuarios que acceden a prácticas de actividad física y deporte por falta de coordinación, ordenación y regulación estatal y/o autonómica. Con este trabajo, en el contexto sociojurídico del deporte y la enseñanza, se especifican algunas propuestas de mejora que redunden en beneficio de la gestión de aquellos organismos competentes en la materia.Palabras clave. Enseñanza, Formación deportiva, Titulaciones, Competencias.Abstract. The new and different demands of the Spanish society concerning sport and physical activities require the instruction of qualified staff in different levels and fields. We have seen, over these last years, that different teaching reforms have tried to improve the incorporation of specific non university teaching to the educational system. From this basis we have established new structures, qualifications and degrees, being necessary to revise and analyse the current instruction of teachers and the government legislation referring to this particular area and the relationship within the European framework. In this current setting, perhaps the actual steps taken have proved to be insufficient considering the increasing demand of users that can not access to the right sports training education since the lack of coordination and government/autonomic regulation is a clear problem. With this Project, always within the legal teaching framework, we specify some improvement proposals that will have a positive effect on those who are in charge of this particular subject.Keywords. Teaching, Sport Instruction, Coaching Cualifications, Competences.
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Medeiros, Breno, and Ricardo Sayeg. "E-sports and the application of sports and labor legislation." International Journal of Innovation 10, no. 2 (June 22, 2022): 212–40. http://dx.doi.org/10.5585/iji.v10i2.21570.
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Objective: The present study aims to describe the similarities between e-Sports and the conventional Sports, in order to emulate the viability of conventional Sports law to regulate the relations formalized with cyber athletes, at least until the emergence of a specific legal regulation on e-Sports. The interaction between Labor Law and those relations will be focused too, in order to confer social rights security, especially constitutional human rights involved on that debate.Methodology: The article is a theoretical approach that seeks to recognize how the dynamics of e-Sports encompass the legal science of Sports Law, based on the deductive method, supported by market analysis, legal research and bibliographic review.Originality/Relevance: Nowadays some discussions suggest a controversy about the e-Sports legal framework at Brazil, especially about the application of the conventional Sports Law and interaction with the Labor Law discipline. This controversy is not justifiable, either because e-Sports constitute a sport in the authentic sense, or because all work relationships in this field are bound to the legal parameters of adjudication of social rights provided for in the Constitution. This constitutional approach is important because the legitimacy of e-Sports initiatives depends on that, putting on the core of the business consider the real legal limits emerging of the State regulations applicably incidents on contracts signed with cyber athletes. In the course of Revolution 4.0, those approximations between conventional ways and electronic ones will be the tonic of the society transition onto technological new way of life. Describing those interactions is essential to provide new ways of State´s legal regulations, attributing liberty on business dynamics and ensuring social rights on the labor relations. The parameters of ethics on business here emerges as exigencies by ESG (Environment, Social and Governance) administration models, which is embraced by relevant theories, as the John Elkington´s one, especially on his concept of triple bottom line.Main results: The activity that has been called e-Sports and its vertiginous growth puts pressure on the legal system to reach appropriateness solutions for the controversies that arises from the relationships between players, clubs, associations and all of stakeholders rounding this innovative market. Immediately, the application of Sports and Labor Law emerges as a palliative solution, but specific new regulations are necessary, in order to provide development ways to the businesses, focusing on liberty for the market dynamics and on security for the social rights.Theoretical/methodological contributions: The article seeks to emulate the attraction of sports and labor legislation for e-Sports regency, guaranteeing legal certainty to the already established relationships, and developing increase ways for business on this market, with citizens social rights preservation, especially constitutional ones.
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Fuller, C. W. "Implications of health and safety legislation for the professional sportsperson." British Journal of Sports Medicine 29, no. 1 (March 1, 1995): 5–9. http://dx.doi.org/10.1136/bjsm.29.1.5.
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Demanova, S. V. "Substance of Constitutional Law for Getting Free Higher Education in Contemporary Russia." Izvestiya of Saratov University. Economics. Management. Law 12, no. 1 (2012): 105–13. http://dx.doi.org/10.18500/1994-2540-2012-12-1-105-113.
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The article deals with determination of concept and substance of constitutional law for receiving free higher professional education in modern Russia; reveals warrants of this law on the basis of analysis of educational legislation and law enforcement practice.
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Tahani, Bahareh, Ali Tashakor, and Sayed Ali Mousavi. "Professional legislation knowledge of dentists and psychological effects of negligence." Journal of Forensic and Legal Medicine 81 (July 2021): 102199. http://dx.doi.org/10.1016/j.jflm.2021.102199.
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Vakhonieva, T. "MAINTENANCE OF WORK ACTIVITIES ON A PROFESSIONAL BASIS AS A FUNCTION OF LABOR LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 115 (2020): 9–13. http://dx.doi.org/10.17721/1728-2195/2020/5.115-2.
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The article examines the main components of professional activity as a sign of labour relations. The importance of labour law and its mechanisms in the field of maintaining the appropriate professional level of employees in performing their duties is established. The connection of labour law norms with the norms of education legislation is substantiated, the importance of professional standards in its formation is determined. Maintaining the proper professional qualification level of employees is recognized as a special and important function of labour law, which leads to the expansion of the subject of labour law and the emergence of new institutions of labour law. The result of proper provision of labour law to perform work on a professional basis is to obtain a quality material and intellectual product for a wide range of consumers.
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Huber, Katharina. "Country Reports." European Energy and Environmental Law Review 11, Issue 6 (June 1, 2002): 162–69. http://dx.doi.org/10.54648/5092592.
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Summary: The new Austrian Waste Management Act 2002 reforms the definition of waste; the law governing professional waste collection and treatment agencies; and the law governing waste treatment installations; and establishes legislation that is consistent with Community law. This new legislation aims to restrict room within which the Austrian federal provinces may regulate waste management by adopting nine different state acts. This article outlines the major innovations of the Waste Management Act 2002 and compares the Act with previous laws.
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Vecherina, Olga, and Irina Borisovna Putalova. "The problems of professional training of mediators in Russia." Современное образование, no. 1 (January 2021): 1–13. http://dx.doi.org/10.25136/2409-8736.2021.1.34746.
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The object of this research is the professional training of Russian mediators within the framework of Master's Degree and vocational education. The subject of this research is the organizational and methodological problems of training and professional becoming of mediators, substantiated by the specificity of current legislation in this field, as well as the established practice of professional training. Application of general scientific methods allows examining the requirements of current Russian legislation in the sphere of professional training of mediators, comparing with the fundamental changes proposed in the draft law of the Ministry of Justice of the Russian Federation, and relevant practice. The author outlines the key vectors of professional training of future mediators offered by the Russian universities in the Master's Degree program. Based on the critical analysis of research and empirical methods (expert evaluation, survey), the authors determine the key personal and professional characteristics of the mediator, essential for successful their successful activity. The novelty of this work lies in drawing parallels between the requirements to professional training of mediators in the current legislation and according to the new draft law; as well as in the analysis of peculiarities and difficulties of professional training of mediators within the framework of the Master's Degree program “Mediation in Social Sphere” and competences that are considered of prime importance. The authors underline the need for raising requirements to the process of professional training of mediators, and their legislative consolidation. The top results can be achieved by acquiring basic legal or psychological education, as well as completion of the basic course of mediation prior to the advanced training.
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Alexander, Anna Rose. "Incendiary Legislation." Mexican Studies/Estudios Mexicanos 29, no. 1 (2013): 175–99. http://dx.doi.org/10.1525/msem.2013.29.1.175.
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This article examines Puebla’s drastic 1885 Fire Code, which prohibited the use of fossil fuels and other flammables in the city center. Poblano lawmakers embraced Porfirian trends in scientific planning, and their attempts to manage the city according to calculated risks of fire reflected broader concerns with hygiene and the correction of social ills. While engineers and architects defended the law for its ability to prevent chaos, merchants criticized the regulations for hindering commerce. By using the rhetoric of order and progress, opposition groups convinced officials to overturn the law and use municipal funds to establish a professional firefighting brigade. This transition to government-controlled public services was the product of popular mobilization and represented an important step in making Puebla a modern city. El presente artículo examina el estricto Código de Incendios de Puebla de 1885, que prohibía el uso de combustibles fósiles y otros productos inflamables en el centro de la ciudad. Los legisladores poblanos adoptaron las tendencias porfirianas de planeación científica, y sus intentos por administrar la ciudad según los riesgos calculados de incendio reflejaban preocupaciones más amplias por la higiene y la corrección de los males sociales. Mientras que los ingenieros y los arquitectos defendían la ley por su capacidad para prevenir el caos, los comerciantes criticaban la regulación por entorpecer los negocios. Mediante el uso de la retórica del orden y el progreso, los grupos de oposición convencieron a los funcionarios de anular la ley y utilizar fondos municipales para establecer una brigada de bomberos profesional. Esta transición a los servicios públicos controlados por el estado fue producto de una movilización popular y representó un paso importante en la transformación de Puebla en una ciudad moderna.
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Skoblikov, Petr A. "The first Criminal Code of Soviet Russia and the responsibility of professional criminals." Gosudarstvo i pravo, no. 1 (2023): 153. http://dx.doi.org/10.31857/s102694520024127-0.
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In 2022, 100 years have passed since the adoption of the first Criminal Code of Soviet Russia — a fundamentally new codified act in the history of Russian legislation. The objectives of this study: to identify and analyze the provisions of the Criminal Code of the RSFSR of 1922 aimed at combating professional crime; to assess their validity, novelty and consistency in the context of the criminal-political tasks that were set before the legislative bodies, as well as their conditionality of the socio-economic and criminological situation that was developing at that time; to create prerequisites for further research on the extent to which the approaches of the legislator to the criminal-legal fight against professional crime were embodied and developed in the subsequent criminal legislation. The article analyzes the main and qualified elements of crimes containing such signs as engaging in crimes of a certain type as a profession and committing a crime in the form of fishing. The rules of sentencing professional criminals and the application of other social protection measures to them, in addition to punishment, are considered. The prescriptions of the criminal law are set out in combination with the characteristics of the socio-economic and criminogenic situation of the early 20s of the twentieth century, the views of domestic lawyers of that time on the problems of criminal professionalism, assessment of the bases of legislative decisions, their gaps and shortcomings.
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Prasch, Robert E. "Retrospectives: American Economists in the Progressive Era on the Minimum Wage." Journal of Economic Perspectives 13, no. 2 (May 1, 1999): 221–30. http://dx.doi.org/10.1257/jep.13.2.221.
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Beginning in 1912, a number of states passed minimum wage legislation that applied exclusively to women and minors. These tentative experiments in economic legislation ended in 1923 when the Supreme Court overturned the District of Columbia's minimum wage law. Remarkably, at this time virtually all professional American economists supported some variety of minimum wage legislation; however, they did not all give the same reasons. This paper briefly examines the context in which this minimum wage legislation was passed and then surveys several of the arguments that American economists gave in support of minimum wage laws.
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Callahan, Lisa, James R. Acker, and Catherine Cerulli. "Accommodating death penalty legislation: Personal and professional views of assistant district attorneys toward capital punishment." American Journal of Criminal Justice 25, no. 1 (September 2000): 15–29. http://dx.doi.org/10.1007/bf02886808.
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KOMISAROV, Oleksandr H., Leontii G. CHYSTOKLETOV, Oleksii I. OSTAPENKO, Kseniya V. SHUSTROVA, Oleksandra L. KHYTRA, and Valerii V. SHYSHKO. "General Characteristics of Guarantees of Journalists Rights in Ukraine." Journal of Advanced Research in Law and Economics 10, no. 1 (March 31, 2019): 247. http://dx.doi.org/10.14505//jarle.v10.1(39).25.
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The relevance of the article is that guarantees for the journalists' rights realization became one of the priority directions of legislation improvement not only in Ukraine, but all over the world because It is precisely this career that involves risks in the course of professional activities associated with the location of media workers in the areas of hostilities and emergencies. The article is devoted to the general characteristics of guarantees of the journalists’ rights in Ukraine. The leading method for the study of this problem is the method of analysis, which made it possible to study the existing legislative framework on the subject and identify short comings concerning the rights of journalists. The proposal of defining the term ‘journalist’ in the legislation of Ukraine is substantiated and the guarantees of journalists' rights are determined. The classification of guarantees of the rights of journalists is given based on the analysis of the current legislation. It is made the conclusion on the necessity of passing the law On Protection of Professional Activities of Journalists in Ukraine.
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Ladauskas, S. V., and N. V. Sorokina. "PROFESSIONAL STANDARDS: SPECIFICS OF IMPLEMENTATION IN THE RUSSIAN FEDERATION." Scientific bulletin of the Southern Institute of Management, no. 2 (June 30, 2017): 51–56. http://dx.doi.org/10.31775/2305-3100-2017-2-51-56.
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Currently at the forefront in the development of labour legislation beyond the introduction of professional standards, namely directly regulatory, information provision and decision of issues of legal regulation, improvement of the existing system of qualification requirements to the employees about what will be discussed in this scientific article. Due to the fact that Russian labour legislation does not contain many of the concepts, terms, procedural provisions and the order of introduction of qualification requirements for employees upon hiring, determining work func tions and stuff that is hampering the implementation of main goals and tasks of labour legislation. From July 2016 in Russia, the time has come for professional standards, entered into force article 195.1-195.3 of the Labor code governing the professional standards of the Ministry of labor of Russia (Federal law No. 122-FZ of 2.05.2015). From that time the workers have to regularly confirm their professional satisfaction. In the existing handbooks and the literature requirements for workers is often inaccurate and infrequently updated, and it directly is an important gap to resolve which applied to professional standards, detail of which will be discussed in this scientific article.
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Lock, Ethan. "The Scope of the Labor Exemption in Professional Sports." Duke Law Journal 1989, no. 2 (April 1989): 339. http://dx.doi.org/10.2307/1372617.
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Morissette, Yves-Marie, and Daniel W. Shuman. "Le secret professionnel au Québec : une hydre à trente-neuf têtes rôde dans le droit de la preuve." Les Cahiers de droit 25, no. 3 (April 12, 2005): 501–32. http://dx.doi.org/10.7202/042610ar.
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Under Quebec law, the members of thirty-nine regulated professions are bound by statute to professional secrecy. This obligation is reinforced by section 9 of the Quebec Charter of Human Rights and Freedoms. It protects patients and clients against the extrajudicial disclosure of confidential information but it also operates as an evidentiary privilege which the courts must enforce ex officio in all proceedings of a non-criminal nature. According to the authors, this statutory equation of professional confidentiality with privilege necessarily leads to the overgrowth of privilege or to the atrophy of confidentiality. The rule interferes excessively with the administration of civil justice and compels the courts to adopt result-oriented interpretations detrimental to the coherence of the law. The article first describes the relationship between the applicable legislation and the several codes of professional ethics defining the scope of professional secret. A second part explores the possible justifications for legal duties of confidentiality and evidentiary privileges ; most of these rationales are compatibles with a distinction between in-court and out-of-court requirements of secrecy. The authors then review in a third part various cases in which Quebec courts have dealt with objections based on professional secret. Three conflicting interpretations were adopted in these cases. All three interpretations restrict the scope of professional privilege, sometimes at the expense of legitimate claims for out-of-court confidentiality. It therefore appears desirable to re-establish in the legislation a distinction between the judicial and extrajudicial aspects of professional secret. The conclusion contains suggestions for a reform of the law of professional secret in Quebec.
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López Arellano, Liliana, Georgina Sánchez Ramírez, and Héctor Augusto Mendoza Cárdenas. "Professional Midwives and their Regulatory Framework in Mexico." Mexican Law Review 12, no. 2 (December 4, 2019): 119. http://dx.doi.org/10.22201/iij.24485306e.2020.2.14174.
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The objective of this article is to show the legal situation of professional midwives in Mexico with respect to their work. The implications of the human rights framework as established in Article 1 of the Mexican Constitution are explored as a basis to regulate professional midwifery. Using comparative analysis methodology, the contents of different regulatory frame works for sexual and reproductive health in Mexico are studied, including those backed by international treaties and agreements. The results show that Mexican legislation includes midwifery to a certain extent, but fails to define concepts like the professionalization of midwifery, when midwives can work other than in hospitals, and they can be officially trained. Additionally, there is no legal recognition of this profession in educational and work standards. In conclusion, this research shows that there are enough international documents (agreements, conferences and recommendations) to serve as a frame of reference for redrafting Mexican standards, regulations and public policies on birth care provided by professional midwives. This would guarantee the safety of mothers who use midwifery services and give suitable professional training (with the respective creation of schools for this purpose) to the midwives who provide these services. Midwives would then be able to practice legally and help to improve maternal and reproductive health outcomes in the country.