Articles de revues : « Professional sports – Law and legislation – Europe »

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Zalcmane, Karina, Marina Kamenecka-Usova et 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, n^o 4 (1 octobre 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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Krupnik, Inna A., Yucel Ogurlu et Erkin A. Ongarbaev. « Improvement of Russian criminal legislation in the field of combating sports crimes ». Vestnik of Saint Petersburg University. Law 12, n^o 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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Madrera Mayor, Eduardo, Andrés Garrido González et 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, n^o 27 (5 mars 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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Budkowski, Szczepan. « Regulations for unmanned aerial vehicle flights in Poland and other European countries – an analysis of the applicable law ». Geomatics, Landmanagement and Landscape 2 (2022) : 27–36. http://dx.doi.org/10.15576/gll/2022.2.27.

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In Poland, a growing interest in unmanned aerial vehicles has been observed in successive years. First and foremost, the development trend concerns operations with the use of un- manned aerial vehicles – i.e. drones – employed for sport, recreational, and commercial pur- poses. The aim of the present study is to familiarize the users of drones with the most impor- tant issues related to the various regulations and responsibility for their flights in Poland and other European countries. Unmanned aerial vehicles expand the spatial range in which re- search can be conducted. The work uses the method of critical analysis and case analysis based on legislative changes in Polish and European law. The research subject addressed the char- acteristics of the pertinent aviation law regulations, including those applicable to unmanned aerial vehicles. In this context, a study of regulations in European countries was also conduct- ed, indicating the differences between individual countries. The article is a kind of resume of legislative regulations in force in Europe in the context of unmanned aerial vehicles. Extensive legal systems require the pilot of unmanned aerial vehicles to have professional knowledge required to carry out drone missions safely. The conducted analysis of the rules of UAV flights in various countries allows for the conclusion that the introduced changes, aimed at unifying the regulations across all European Union countries, are highly justified. Compared to some other European Union countries, in Poland the implementation of EU regulations in this re- spect is at an advanced stage.

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Morhunov, O. A., I. V. Lysenko et 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, n^o 2 (30 juin 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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Kochkova, Anna, et Maryna Dei. « Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law ». Law Review of Kyiv University of Law, n^o 1 (15 avril 2020) : 352–56. http://dx.doi.org/10.36695/2219-5521.1.2020.70.

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The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

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Kovalenko, E. Y., I. V. Kiryushina et N. V. Tydykovа. « RESPONSIBILITY FOR ILLEGAL BEHAVIOR OF SPORTS FANS : NATIONAL, FOREIGN AND INTERNATIONAL LEGAL REGULATION ». Russian-Asian Legal Journal, n^o 3 (18 octobre 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

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Knobloch, Roberto. « Archaeological Jobs and Legislation in Italy a Quarter of a Century after the Valletta Convention ». European Journal of Archaeology 22, n^o 2 (19 mars 2019) : 269–88. http://dx.doi.org/10.1017/eaa.2019.1.

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This article focuses on the development of preventive and commercial archaeology in Europe during the last thirty years by examining the case of Italy. This country has a mixed public-private system, where the law establishes that the State manages all archaeological activities, although archaeological services are provided mainly by private individuals or companies and funded by private developers. This framework leads to a mismatch between law and practice, which impedes the development of professional archaeology and the full implementation of the Valletta principles. The issue is examined from an historical perspective, from the 1970s to the present day, and is augmented by a brief analysis of the current trends in cultural heritage policy. The study concentrates on the regulatory elements of archaeological activities, since these legal matters are generally overlooked by scholars.

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Kudryavtseva, Larisa V., et Anna V. Naryshkina. « Legal regulation of sports agents in Russia ». Law Нerald of Dagestan State University 42, n^o 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 et 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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Kobzeva, T. A., et I. O. Kulish. « SPORTS LAW AT THE CURRENT STAGE OF CHANGES AND REFORMS OF THE CURRENT LEGISLATION OF UKRAINE ». Legal horizons, n^o 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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Baade, R. A. « Evaluating Subsidies for Professional Sports in the United States and Europe : A Public-Sector Primer ». Oxford Review of Economic Policy 19, n^o 4 (1 décembre 2003) : 585–97. http://dx.doi.org/10.1093/oxrep/19.4.585.

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Sereda, Olena, Yuliia Burniagina et Nataliia Halkina. « Standards of professional development of employees : international experience and current prospects in Ukraine ». Law and innovative society, n^o 1 (18) (30 juin 2022) : 43–56. http://dx.doi.org/10.37772/2309-9275-2022-1(18)-4.

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The scientific article examines the international standards of professional development of workers enshrined in the basic legal acts of the United Nations (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, Conventions and Recommendations of ILO), Council of Europe (European Social Charter (revised), EU (Recommendations and Directives). The provisions of laws and bylaws of Ukraine on the professional development of employees are analyzed. Based on the analysis of international acts and norms of national legislation on professional development, we propose to identify the following standards of professional development of employees: high-quality training of qualified personnel in accordance with state policy priorities; ensuring proper organization of professional development of employees; equal access to professional development programs; continuity, fresh of the process of professional development; constant investment in professional development of staff; introduction of effective mechanisms for motivating staff to professional development and continuing education; compulsory professional development; practical orientation of advanced training programs. The conclusion is made about that the international experience in the field of professional development of employees is taken into account in the development of the national legislative field. Іt is proposed to launch an experimental project in the field of professional development of scientific, scientific-pedagogical, pedagogical workers during a special period; to increase opportunities for training and professional development of Ukrainian citizens abroad on the basis of equivalent tape exchange with other states; create favorable conditions for private investment, involvement of business in the professional development of employees, etc.

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Bernatt, Maciej, et Alexandr Svetlicinii. « The Right of Defence in the Decentralized System of EU Competition Law Enforcement : A Call for Harmonization from Central and Eastern Europe ». World Competition 41, Issue 3 (1 septembre 2018) : 309–34. http://dx.doi.org/10.54648/woco2018019.

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The article compares the application of the right of defence in competition law proceedings by seven National Competition Authorities (NCAs) of Central and Eastern Europe (CEE). In particular, the article focuses on four sub-rights that are part of the right of defence: right to be informed; right to access the file; privilege against self-incrimination (PASI) and legal professional privilege (LPP). The article shows that the NCAs selected as case studies generally provide lower procedural guarantees in comparison to DG Competition of the European Commission. The findings of the article are relevant in view of the Directive aiming at harmonizing the powers of NCAs (‘ECN Directive’). The legislation aims at strengthening the investigatory tools of NCAs, while it pays limited attention to the procedural guarantees followed by NCAs. In view of the diverging application of the right of defence by the NCAs selected as case studies, the article challenges such policy choice, claiming that stronger investigative powers should be counterbalanced by a more homogenous application of the right of defence by NCAs of the EU Member States.

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Syiploki, M. V. « Official authority exceeding by private security agencies employees : foreign experience and prospects for its borrowing ». Uzhhorod National University Herald. Series : Law, n^o 67 (16 janvier 2022) : 251–56. http://dx.doi.org/10.24144/2307-3322.2021.67.48.

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The article considers the grounds for criminal liability for exceeding of official authority by employees of private security agencies in the performance of their duties. Emphasis is placed on the peculiarities of considering the issue of liability for harm to life and health of citizens in the implementation of security activities. It is established that in the criminal legislation of Ukraine there is no separate criminal offense which provides liability of security guards for power’ excess at implementation of professional activity. The foreign experience of the countries in the issue of criminal liability for exceeding the powers by employees of private and public security agencies has been resolved, is analyzed there. The criminal legislation of the Republic of Tajikistan, the Republic of Kazakhstan, the Republic of Moldova, the Kyrgyz Republic, Turkmenistan, Estonia is considered. It is stated that in the criminal legislation of Western Europe and America there are no separate rules on the liability of private security guards or detectives. It is concluded that it is necessary to criminalize the excess of power by employees of private and public security agencies in the current Criminal Code of Ukraine with the borrowing of foreign experience. It is hoped that the working group on the development of criminal law, which is working on a draft of a new Criminal Code of Ukraine, taking into account the norms of international law, will determine the importance of criminalizing the power excessing by employees of private and public security agencies.

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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, n^o 64 (14 août 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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Kyselova, O. « Peculiarities of disciplinary responsibility of professional athletes ». Analytical and Comparative Jurisprudence, n^o 5 (30 décembre 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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Koverznev, V. O. « THE “POLYGRAPH SHARIKOV” CONCEPT : PROBLEMATIC ISSUES OF UPDATING THE CIVIL LEGISLATION OF UKRAINE ». Economics and Law, n^o 2 (9 septembre 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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Healy, Gerald T., Jing Ru Tan et Peter F. Orazem. « Measuring Market Power in Professional Baseball, Basketball, Football, and Hockey ». American Economist 65, n^o 2 (13 juillet 2020) : 214–31. http://dx.doi.org/10.1177/0569434520941505.

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Using Forbes magazine’s estimates of the current value and revenues of professional sports teams, we derive a long-run variant of the Lerner Index. We apply the strategy to professional teams in baseball, basketball, football, and hockey over the 2006–2019 period. All teams have positive and significant price-cost margins over the entire period. Analysis of variance shows that local market factors and past team performance have less impact on a team’s market power than do common league-wide effects. The strongest market power is in leagues with more aggressive revenue sharing policies. Price-cost margins are higher for professional teams in North American than for the most valuable European soccer teams, consistent with the stronger exemption from antitrust law in the United States and the weaker revenue sharing policies in Europe. JEL Classifications: L43, L13, L83

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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, n^o 11 (31 mars 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, et 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, n^o 2 (26 août 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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Janković, Bojan. « The role of stewards at sports events in the Republic of Serbia ». Zbornik radova Pravnog fakulteta, Novi Sad 54, n^o 1 (2020) : 353–65. http://dx.doi.org/10.5937/zrpfns54-23518.

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The traditional view that only the police are responsible for security at sports events has largely been abandoned in the sense that stewards have more important place. This is also recognized in the Serbian legislation, in the standards of the Law on Private Security (LPS), the Law on the Prevention of Violence and Misconduct at Sports Events (LPVMSE), the Law on Public Assembly, and the international regulations of sports federations. The Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events - No. 218. (CETS 218), together with the Recommendation REC (2015) 1, and its annexes, which supersedes all previous recommendations, resolutions and statements, has also contributed to defining the role of stewards. Recommendation has become an integral part of the Convention (CETS 218). Common to all the aforementioned regulations is that the stewarding operations can be handled by persons who have completed special training. Unlike international regulations that provide extensive training for stewards, the existing programs in Serbia envisage very few hours of training. The work of stewards would certainly be aided by the improvement of certain legal regulations governing this area. The Republic of Serbia is not yet a signatory to the Convention (CETS 218), and it is necessary for the authorities to accede to its signing and ratification in order for Serbia to adopt the newly established European standards in this field as soon as possible.

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Budevici - Puiu, Liliana, et Veaceslav Manolachi. « The Autonomy and Specifity of Sport in a National and European Context ». Revista Romaneasca pentru Educatie Multidimensionala 14, n^o 3 (2 septembre 2022) : 457–65. http://dx.doi.org/10.18662/rrem/14.3/619.

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This article addresses the issue of autonomy and the specifics of sports activities, kinds of rules and structures in terms of their inclusion in the sphere of important principles of national and community law. One of the main problems for each sports entity represents the assurance of an efficient management (organized and competitive ) given its legitimate objectives , knowledge and application of the legal framework that regulates the activity as well as their impact on competition, as appropriate is inherent and proportionate to the objectives pursued. At the same time, the sports independence and sports organizations must be supported and protected, and their autonomy must competitively provide cohesion and participatory democracy. In national and international legislation, the autonomy of sport is treated differently. In this context, the formation of sports law, as a new branch of law will contribute to the professionalization of sports, to ensure the protection of the subjects’ rights of sports activities, the sports against abusing, as well as protection against corruption and the manipulation of the competitions results on various sport events. European Council is interested in the development of sports and its regulation along with the member states, fact reflected by the approved recommendations and implemented in practice, on the principles of good governance in sport, the recognition of the autonomy of sport, the promotion of honesty in the management of the basic values of sport (specificity of democratic, ethical, efficient and responsible sports activities). The legislative framework remains one of the most acute problems in this area whereas some states provide an extensive legislation (codified) and regulations for the sports autonomy, but most of them are limited to policy statements and sports development plans. Good governance with the recognition and respect of autonomy is an important issue for sports, including sports organizations, as their management must be ensured in a sustainable manner in close collaboration with public bodies, non-profit organizations and various economic organizations (economic agents), sports equipment, manufacturers, sponsors and media. At the beginning of the 21st century, the concepts of "autonomy" and "governance" have become major issues in international, national and - sometimes - local sports debates. Thus, the issue of "sport specificity" (recognized in Europe in 2009 by Article 165 of the Lisbon Treaty), autonomy and governance was broadly addressed. Thus, these concepts are in a direct connection with the development of national and international policies in the direction of improving the management of sport and profile organizations.

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Giordano, Michela, et Antonio Piga. « “Acting in Accordance with the Ordinary Legislative Procedure…” : Metadiscourse in EU Regulations on Immigration ». International Journal of English Linguistics 11, n^o 3 (8 mai 2021) : 49. http://dx.doi.org/10.5539/ijel.v11n3p49.

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The ongoing Pan-European integration process has profoundly influenced the nature of European law and its development, demanding a review of “the ways of how language […] is materialized” (Gibová, 2009, p. 192). EU multilingualism is thus becoming an intricate concept since “EU translation is […] becoming the language of Europe” (Gibová, 2009, p. 192) encompassing a supranational view of the world conveyed in EU-wide legislation. Very much in line with this assumption, and taking into account the teaching experience in Specialised Translation Masters’ courses training would-be professional translators, this study examines a corpus of European Parliament Regulations on immigration. In order to understand whether dissimilarities and/or congruencies occur between the EU working language, i.e., English, and the Italian versions, the metadiscourse framework by Hyland (2005), comprising both interactive and interactional features, is used as the point of departure for the analysis of parallel texts. The Regulations produced by EU institutions and conveyed and transmitted both in English as a “procedural language” (Wagner, Bech, & Martίnez, 2012) as well as in Italian have been scrutinized both quantitatively and qualitatively, in order to draw precious pedagogical implications for translation studies and professional practice for future qualified and trained translators.

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Bury, Tracy J., et Emma K. Stokes. « A Global View of Direct Access and Patient Self-Referral to Physical Therapy : Implications for the Profession ». Physical Therapy 93, n^o 4 (1 avril 2013) : 449–59. http://dx.doi.org/10.2522/ptj.20120060.

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BackgroundInternational policy advocates for direct access, but the extent to which it exists worldwide was unknown.ObjectiveThe purpose of this study was to map the presence of direct access to physical therapy services in the member organizations of the World Confederation for Physical Therapy (WCPT) in the context of physical therapist practice and health systems.DesignA 2-stage, mixed-method, descriptive study was conducted.MethodsA purposive sample of member organizations of WCPT in Europe was used to refine the survey instrument, followed by an online survey sent to all WCPT member organizations. Data were analyzed using descriptive statistics, and content analysis was used to analyze open-ended responses to identify themes.ResultsA response rate of 68% (72/106) was achieved. Direct access to physical therapy was reported by 58% of the respondents, with greater prevalence in private settings. Organizations reported that professional (entry-level) education equipped physical therapists for direct access in 69% of the countries. National physical therapy associations (89%) and the public (84%) were thought to be in support of direct access, with less support perceived from policy makers (35%) and physicians (16%). Physical therapists' ability to assess, diagnose, and refer patients on to specialists was more prevalent in the presence of direct access.LimitationsThe findings may not be representative of the Asia Western Pacific (AWP) region, where there was a lower response rate.ConclusionsProfessional legislation, the medical profession, politicians, and policy makers are perceived to act as both barriers to and facilitators of direct access. Evidence for clinical effectiveness and cost-effectiveness and examples of good practice are seen as vital resources that could be shared internationally, and professional leadership has an important role to play in facilitating change and advocacy.

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Aştefanei, Iulia-Sînziana. « Media Representation of the Victims of Terrorist Attacks. An Ethical and Legal Analysis of Articles Published in Le Monde ». Studia Universitatis Babeș-Bolyai Ephemerides 66, n^o 1 (30 juin 2021) : 27–72. http://dx.doi.org/10.24193/subbeph.2021.1.02.

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"The topic of this paper explores the online media representation of the victims of terrorist attacks in relation to the ethical and legal frameworks aimed at protecting the people. Despite the fact that freedom of expression should not be restricted under any circumstances, the news media outlets ought to take into consideration the legal acts, the moral behaviors and ethical principles when publishing and disseminating information about the terrorist attacks. Journalists should aim to pursue the purpose of this profession with the intent of remaining objective and upright while respecting the human rights. The research of this paper focuses on the interdependence between journalism, ethics and law by analyzing how Le Monde covered some of the terrorist attacks which happened in Europe. The importance of ethics in journalism had been acknowledged by analyzing the role of the regulatory organizations for the press, as well as the professional standards which were set in order to guide the journalists and protect the people. The in-depth analysis of the media representation of the victims of terrorist attacks highlighted the fact that the journalistic ethical codes might have the power to strengthen the protection of the people in the press, while assessing the noninfringement or the breach of the supranational and national legislation enacted by the European Union and France. Keywords: victims, terrorist attacks, media ethics, media law "

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Dierks, Christian. « Legal Aspects of Telepathology ». Analytical Cellular Pathology 21, n^o 3-4 (2000) : 97–99. http://dx.doi.org/10.1155/2000/563904.

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In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU) and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to avoid such disturbances and encompass mutual standards of care as well as methods to balance reimbursement.

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Fulconis, François, et Gilles Pache. « Football passion as a religion : the four dimensions of a sacred experience ». Society and Business Review 9, n^o 2 (8 juillet 2014) : 166–85. http://dx.doi.org/10.1108/sbr-09-2013-0064.

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Purpose – The purpose of this paper is to show that football as a sacred experience is often raised, but has never led to an argued approach. Professional football (soccer) is a genuine societal phenomenon, both through the medias’ interest they cause and through the financial stakes that are related to it. It is common to read that football, through the passions it unleashes, for example in terms of tribal violence, has become a type of religion, with its believers (the fans) and its place of worship (the stadiums). Design/methodology/approach – The authors reviewed the literature, research reports and electronic documents on professional football practices to understand the religious dimension of fan passion in Europe (ritualism, collective beliefs, using of totemic objects, etc.). Findings – The paper suggests a reading grid of religions, founded on four interdependent dimensions (the Community, the Law, the Way and the Experience) and applies it to professional football by underlying its relevance in the singular context of sports show. Originality/value – Beyond well-known economic stakes, the paper clarifies the football passion from a religious perspective and identifies the main pillars of the fan conversion process according to a heteronomous logic.

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Shablystyi, Volodymyr V., et 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, n^o 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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Zavhorodnia, V. M. « The origin and development of the European Union sports policy and law. » SUMY HISTORICAL AND ARCHIVAL JOURNAL, n^o 39 (2022) : 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.

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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.

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Shuraleva, S. V. « THE RIGHT TO PRIVACY IN LABOR RELATIONS : THEORETICAL PROBLEMS OF LEGAL REGULATION ». Вестник Пермского университета. Юридические науки, n^o 57 (2022) : 527–51. http://dx.doi.org/10.17072/1995-4190-2022-57-527-551.

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Introduction: the article is devoted to research on the right to privacy in labor relations. Purpose: to analyze the current regulation of the right to privacy in Russian labor law, to explore the approaches that have developed in the practice of the European Court of Human Rights (hereinafter – ECtHR) and in the doctrine, to propose directions for improving labor legislation in terms of the right to privacy. Methods: general, general scientific methods; special scientific methods (system-structural, formal-legal, comparative-legal).Results: the right to privacy (to respect for private and family life, home, and correspondence) is generally recognized and is contained both in international acts and in regional (interregional, subregional) conventions and declarations. In the absence of definitions of private life and privacy in international documents and Russian legislation, of particular importance is how these concepts are interpreted by national and international courts. In contrast to the definitions of private life and privacy given by the Constitutional Court of the Russian Federation, the ECtHR considers professional activity to be part of private life since it allows people to build communication with the outside world. Analysis of the ECtHR decisions on the complaints of employees about the violation of Article 8 of the European Convention on Human Rights reveals the most typical violations of the right to respect for private and family life in the workplace in the practice of the ECtHR, and also indicates the increasing urgency of this issue. Despite Russia's withdrawal from the Council of Europe, it is advisable to take into account the legal positions of the ECtHR, along with its legal doctrine, when preparing proposals for amending and supplementing labor legislation. Noting the insufficiency of the current labor law regulation with regard to privacy, the paper explores the theoretical aspects of personal non-property labor rights and the right to privacy in labor relations, outlines the possible directions for improving labor legislation. Conclusions: the author notes development of the employee’s right to privacy, supplemented with the right to disconnect; it is expedient to include the right to privacy in the list of basic rights of employees in the Labor Code of the Russian Federation, while establishing the corresponding obligation of the employer. Since the right to privacy is realized not only in labor relations but also in some other, directly related, legal relations, it is proposed, taking into account the terminology of the Labor Code of the Russian Federation, to supplement the list of basic principles provided in Article 2 of the Labor Code with the principle of ensuring privacy in labor and other directly associated relations.

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Haanappel, Peter P. C. « Air Passenger Rights in the Electronic Age ». Air and Space Law 43, Issue 1 (1 février 2018) : 3–20. http://dx.doi.org/10.54648/aila2018002.

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For many decades, the private law rights of passengers against their air carriers were covered by the 1929 Warsaw Convention and its various amendments, supplemented by the International Air Transport Association (IATA) Conditions of Contract and Carriage of the airlines. Air carriers and their (travel) agents administered this worldwide system through their distribution of the air travel product. Over the years, the distribution system has changed considerably: computerized reservation systems were introduced; more and more did passengers or third parties on their behalf begin to contract directly with the airline of their choice, bypassing the agent, and more and more did they do so online, electronically, from their home or office computers. Meanwhile, the Warsaw Convention was replaced by the 1999 Montreal Convention. Also, following deregulation and liberalization of the airline industry, and a concomitant decrease in the regulatory influence of IATA, consumerism entered the air travel world prompting governments and the European Union to adopt special legislation or regulation on matters such as denied boarding, flight cancellations and delays. This new form of air passenger protection has been backed up and broadened by the courts, particularly in Europe. It has been opposed by the airlines, particularly the low cost carriers. The situation today seems to have become wasteful with too much uncertainty, too many claims, and too high transaction costs for all parties involved. Lastly, electronic and digital techniques have deeply penetrated the domain of the conclusion of the contract of carriage by air. Electronically concluded contracts have now become the most common form of contracting for the non-professional traveller, that is the individual air transport user, the consumer, who contracts directly with his or her airline, using electronic and digital means to do so. These are three distinct, but interrelated issues: the contractual distribution of the air travel product; the impact of consumer law; and electronic contracting (e-commerce). Each issue will be addressed in a separate part of the article. It seems that the time has come to try to forge a new contractual deal between airlines and their passengers: global, transparent and cost efficient. This article attempts to make a contribution to this beginning debate.

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Jagielska-Burduk, Alicja. « Challenges and Prospects for the Art Market Vis-à-vis the Evolving EU Regime for Counteracting Illicit Trade in Cultural Objects (Erika Bochereau talks to Alicja Jagielska-Burduk and Andrzej Jakubowski) ». Santander Art and Culture Law Review 7, n^o 2 (31 décembre 2021) : 21–30. http://dx.doi.org/10.4467/2450050xsnr.21.016.15261.

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Erika Bochereau is Secretary General of the International Federation of Art and Antique Dealer Associations (CINOA). Established in 1935, CINOA is the principal international confederation of Art & Antique art market professional associations. Affiliated dealers from 30 leading associations cover a wide array of specialties, from antiquities to contemporary art. CINOA’s associate members include leading associations of auction houses and the International League of Antiquarian Booksellers (ILAB), which alone represents an additional 22 book seller associations. CINOA, and all of its member organizations, have a strict application process to ensure acceptance of only peer-vetted art professionals that have established businesses, reputable galleries, and/or practices. CINOA-affiliated groups abide by a high standard of business practices and codes of ethics which include strict due diligence. During the past nearly 70 years, dealers have been changing their practices to abide by biodiversity, cultural property, and heritage legislation. The CINOA Code of Conduct is updated regularly to reflect these changes. The vast majority of CINOA’s members are businesses of four people or less who work hard to cultivate their clientele: http://www.cinoa.org. UNESCO uses the term partnership for very specific relationships. I don’t think we can keep this sentence. Alicja Jagielska-Burduk is Editor-in-chief of the “Santander Art and Culture Law Review” (SAACLR) and the holder of the UNESCO Chair in Cultural Property Law at the University of Opole. Andrzej Jakubowski serves as SAACLR Deputy Editor-in-chief and Leader of the project “Legal Forms of Cultural Heritage Governance in Europe – A Comparative Law Perspective”, No. UMO-2019/35/B/ HS5/02084, financed by the National Science Centre (Poland). The present interview was undertaken within the framework of this research project.

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Чернышова, И., et I. Chernyshova. « BREXIT FROM THE LEGAL POINT OF VIEW ». Journal of Foreign Legislation and Comparative Law 3, n^o 4 (23 août 2017) : 141–52. http://dx.doi.org/10.12737/article_598063fa209191.10169057.

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In June 2016 the referendum on the minimum majority of votes of British citizens supported a British exit from the European Union, from that moment began the formal process of so-called “Brexit” — a unique event in the political life of the EU and the UK. Apart the political aspect, Brexit also is a difficult challenge for legislators, academics and lawyers both in the EU and in the UK. Over the last forty years, the legislative system of the EU and the UK are closely intertwined and now constitute a single legal system. The notice of withdrawal from the EU has caused differences which led to the consideration of the functions and powers of the government in court. This article discusses how participants of the legal process of brexit (legislators, academics and lawyers) approach to solving this problem: background, development process, proposed legislation and the reaction to it from the professional legal community with the view of the political process and the preparations for the negotiations on the exit procedure and further cooperation. In the article, the procedure and consequences of the brexit are considered from the European and British points of view. The key legislative act defining the brexit consequences for the legal system in the UK will be the Bill on the Great Cancellation, which determines the order of separation of the British legal system from Europe. The article also includes a brief review of the brexit effects for individual areas of British law.

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Zaccagnini, Ashley Jo. « Time’s Up : A Call to Eradicate NCAA Monopsony Through Federal Legislation ». SMU Law Review Forum 74, n^o 1 (avril 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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Putzke, Holm, Aleksey Tarbagaev, Аleksandr Nazarov et Ludmila Maiorova. « Criminal Liability for Using Doping in Sport : German Experience - an Example for Russia ? » Russian Journal of Criminology 13, n^o 5 (31 octobre 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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Briko, Nikolay I., P. I. Melnichenko, V. R. Kuchma, N. I. Prokhorov et Yu V. Pavlova. « DEONTOLOGY IN PREVENTIVE MEDICINE : SCIENTIFIC AND HISTORICAL BASES, CHALLENGES OF THE PRESENT AND SOLUTIONS ». Hygiene and sanitation 97, n^o 5 (15 mai 2018) : 389–95. http://dx.doi.org/10.18821/0016-9900-2018-97-5-389-395.

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The article presents the peculiarities of medical deontology in preventive medicine. The differences between deontological problems in the activity of a Clinician and a Physician in the specialty of medical and preventive medicine are considered. The historical stages of the formation and development of ideas of deontology and medical ethics in Russia are shown. The comparative plan presents an analysis of the main legislative acts in the field of bioethics and deontology of medical and preventive medicine. The world community was noted to show a great interest in topical problems of bioethics: several World Congresses and European Conferences were held, in most countries of Europe and America national bioethics committees were established (in the USA and France they were organized under the Presidents of these States). The main goal of the doctor’s professional activity is to preserve human life, prevent diseases and restore health, as well as reduce suffering from incurable diseases. Much attention is paid to this problem in the Federal law of November 21, 2011. (N 323-FZ) about bases of the protection of the health of citizens in the Russian Federation “which is fundamental in the field of healthcare”. It establishes the obligation of medical and pharmaceutical workers to carry out their activities in accordance with the legislation of the Russian Federation, guided by the principles. The aim of this study was to develop and substantiate the main differences between deontological problems in the activities of clinicians and physicians in the specialty medical and preventive care in the historical aspect. An invaluable role in the development of the principles of deontology was played by outstanding doctors of the past: Hippocrates, Abu-l-Faraj, as well as Russian and Soviet scientists and doctors M.Ya. Mudrov, 8N.I. Pirogov, V.A. Manassein, V.I. Davydovsky, N.Kh. Petrov, B.V. Petrovsky. Separately, it is noted that the role of medicine can be radically changed, if not exclude the importance of the preventive direction, but, on the contrary, through it to strengthen the ideological and controlling.

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Tokareva, Ksenia. « THE SUBJECTS OF ADMINISTRATIVE AND LEGAL REGULATION OF MEDIATION ». Scientific Notes Series Law 1, n^o 9 (2020) : 106–11. http://dx.doi.org/10.36550/2522-9230-2020-1-9-106-111.

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The article is devoted to the study of the subject composition of the administrative and legal regulation of mediation. The development of alternative ways of resolving disputes and conciliation procedures is one of the priority areas for improving the mechanism for protecting violated subjective rights. Mediation has proven its effectiveness for both the state and society, as evidenced by its legal regulation in most foreign countries. A dispute resolution procedure involving a neutral third party can improve access to justice, which is fully in line with the rule of law in any developed state governed by the rule of law. New tendencies towards the peaceful settlement of disputes (conflicts) contribute to the achievement of social harmony in society. As Ukraine is one of the few countries in Europe where there is no legal regulation of mediation, the study of the subjects of administrative and legal regulation of the procedure is relevant. The study took into account the division of legal regulation into state and non-state. Domestic scientific views on the system of subjects of administrative and legal regulation in various spheres of public relations were analyzed. The problem of lack of administrative and legal regulation of the social and legal institution of mediation in Ukraine was emphasized. The author proposed his own list of subjects of administrative and legal regulation of mediation. The system of such entities includes the state, its bodies and non-governmental institutions that exercise powers in the relevant field. The main directions of the state policy in the field of implementation of the mediation procedure in Ukraine were also identified. The importance of actively promoting and stimulating the development of mediation, consolidation and protection of new social relations that arise during the mediation procedure, setting quality standards for mediation and requirements for professional mediators, control of such activities. The author focuses on the disclosure of competence, legal forms of activity of management entities. It is stated that the main subjects of mediation`s regulation in Ukraine are the President of Ukraine, the Parliament of Ukraine, the Parliament’s Commissioner for Human Rights, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Supreme Court, local state administrations, NGOs and mediators' associations. It is substantiated that this list can be expanded by a special executive body in the field of mediation. Based on the analysis of current legislation, rule-making and law enforcement practice of Ukraine and European countries, a scientific approach to solving current problems of formation and implementation of state policy in the field of access to justice and mediation is proposed. It is proposed to keep registers of mediation by both central executive bodies and local state bodies or local self-government bodies. The successful foreign experience of functioning of the corresponding mediation services in various branches of law is resulted.

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Stępkowski, Aleksander. « ROZWÓJ INSTYTUCJI TRUSTU W PRAWIE SZKOCKIM ». Zeszyty Prawnicze 4, n^o 1 (30 mai 2017) : 91. http://dx.doi.org/10.21697/zp.2004.4.1.06.

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Development of the Law of Trusts in ScotlandSummaryThe earliest indisputable traces of trusts law in Scotland may be found in reports from the first half of the XVH‘h century. There are several examples of even earlier dispositions to which a fiduciary character might be ascribed, coming from the XV,h and XVTh centuries. Nevertheless, we are not able to state categorically that these represent examples of trusts, since there is nothing about priority of beneficiary's rights in respect to trust property, before trustee’s personal creditors, whereas it seems to be today differentiam specificam discerning trust from contractual relations.According to the aforementioned case law, the main subject of trust dispositions was land (immoveable property, called in Scotland “heritable”). The main issue giving rise to legal controversies was the question of the manner in which the existence of a trust in land was allowed to be proved. The rules of evidence adopted by the Court of Session differed substantially from those of Scottish land law which were usually applied when proving titles in land. According to Scottish institutional writers, it seems to be most probable that the reason for such a favourable standing of land being subject to trust was that the Court of Session proceeded on the ground of its’ nobile officium, extraordinary equitable jurisdiction performed by this court, most probably since the very early stages of it’s activity, on the basis of a statutory provision from 1540.During the XVIIth century the first statutory regulations concerning trusts appeared, but more substantial progress in this respect took place in the XIXth century. Most often, it was statutory implementation of earlier common law principles and, in relation to trustees’ competences, of standards relating to the professional drafting of trust deeds. XIXth century legislation was consolidated in 1921 as the Trusts (Scotland) Act 1921 which was subsequently amended in 1961 and, together with the British Trustee Investments Act 1961 (which is still in force in Scotland although will be repealed soon, as it was already done in England in 2001), is partial codification of Scottish trusts law. Nevertheless it should be emphasised that Scottish trust law is still principally based on case law.As regards the influence of English Equity on the development of the Scottish law of trusts, it seems to be negligible in the early stage of the latter’s development. A considerable influence of the Chancery Court’s cases upon Scots law in respect of trusts only began in the fourth decade of the XIXth century, with a book by Charles Forsyth ( The Principles and Practice o f the Law o f Trusts and Trustees in Scotland (1844)), who had used intensively English case law as an illustration, he claimed, of Scottish law principles. Since this publication, nevertheless, English case law, as exposed in English textbooks, though not necessarily in the Chancery Reports, became an important source of inspiration for Scottish lawyers writing books on this subject and, subsequently, it was also used in the Court of Session as an important source of authority. Notwithstanding the above, Scottish judges were always more critical and generally have applied English principles in a less willing manner than has been seen from Scottish advocates and solicitors. Generally speaking, the English influence, although considerable, has not changed the very construction of Scottish trusts law. A beneficiary’s claim in respect of trust property is still considered to be a personal right, as opposed to a sui generis right in real estate.Contemporary Scottish jurisprudence considers trust property as a trustee’s special patrimony, distinct from his general patrimony and, as such, not accessible by his personal creditors. In this way, the Scots have worked out a civil law approach to trust, which was long considered to be hardly possible. This is also a reason why Scottish trusts law, as well as the whole of Scottish law, attracts so much attention from lawyers from Continental Europe.

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Nesterov, A. Y. « INSTITUTE OF PROBATION SERVICE IN THE RUSSIAN FEDERATION ». BULLETIN 384, n^o 2 (15 avril 2020) : 205–15. http://dx.doi.org/10.32014/10.32014/2020.2518-1467.60.

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In the article, based on the results of an empirical study, the development prospects of the probation service institute in the Russian Federation are presented. The probation service in Russia will focus on the development of juvenile probation in the Russian Federation, which will become the basis for ensuring the successful social adaptation of juvenile offenders in the post-prison period and their subsequent reintegration into modern Russian society. For the first time, the author of the article proposes the structure of the new Federal Law “On the Probation Service in the Russian Federation”. In the development and subsequent discussion in parliament of the Russian Federation of this bill, the author of the publication suggests paying attention to the section "The main activities of rehabilitation centers of the Federal Security Service of Russia". It is determined that the criminal-executive and criminal legislation in Russia as a whole establishes the principle of differentiating the appointment and execution of criminal punishment, especially for juvenile convicts serving criminal sentences in prisons. The problem of legal regulation of the activities of the organizations considered here is extremely acute today. The problem of legal regulation is associated with the post-prison adaptation of persons released from prison. Taking into account the experience of some foreign sovereign states of Asia and Europe, it is necessary to complete the work that has already begun and to adopt the Federal Law on Post-Prison - Social Adaptation of Persons Exempted from Criminal Punishment. The author also determined that penitentiary re-socialization of a convicted person is oriented towards full or partial restoration of social (life) skills, which allows a minor convicted person to reintegrate into society in the post-prison period, independently navigate the issues of obtaining a profession, employment, creating his own family, etc. A juvenile convict, while in prison, partially or completely loses family ties, loses contact with the outside world, friends, acquaintances, and even close relatives turn away from the teenager. But they are necessary for the teenager throughout the entire period of stay in places of deprivation of liberty, and especially after release from the colony in the first post-prison period. The author also proved that a teenager receives in prisons the necessary primary professional, cultural and aesthetic educational, social skills that will guide him in the process of social adaptation in one or another sphere of life. The material in this article does not contain information (information) relating to state secrets of the Russian Federation.

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Polishchuk, M. A., et 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, n^o 4 (24 décembre 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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Pechlivanidis, Eleftherios, Dimitrios Ginoglou et Panagiotis Barmpoutis. « Can intangible assets predict future performance ? A deep learning approach ». International Journal of Accounting & ; Information Management 30, n^o 1 (27 octobre 2021) : 61–72. http://dx.doi.org/10.1108/ijaim-06-2021-0124.

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Purpose The aim of this study is to evaluate of the predictive ability of goodwill and other intangible assets on forecasting corporate profitability. Subsequently, this study compares the efficiency of deep learning model to that of other machine learning models such as random forest (RF) and support vector machine (SVM) as well as traditional statistical methods such as the linear regression model. Design/methodology/approach Studies confirm that goodwill and intangibles are valuable assets that give companies a competitive advantage to increase profitability and shareholders’ returns. Thus, by using as sample Greek-listed financial data, this study investigates whether or not the inclusion of goodwill and intangible assets as input variables in this modified deep learning models contribute to the corporate profitability prediction accuracy. Subsequently, this study compares the modified long-short-term model with other machine learning models such as SVMs and RF as well as the traditional panel regression model. Findings The findings of this paper confirm that goodwill and intangible assets clearly improve the performance of a deep learning corporate profitability prediction model. Furthermore, this study provides evidence that the modified long short-term memory model outperforms other machine learning models such as SVMs and RF , as well as traditional statistical panel regression model, in predicting corporate profitability. Research limitations/implications Limitation of this study includes the relatively small amount of data available. Furthermore, the aim is to challenge the authors’ modified long short-term memory by using listed corporate data of Greece, a code-law country that suffered severely during the recent fiscal crisis. However, this study proposes that future research may apply deep learning corporate profitability models on a bigger pool of data such as STOXX Europe 600 companies. Practical implications Subsequently, the authors believe that their paper is of interest to different professional groups, such as financial analysts and banks, which the authors’ paper can support in their corporate profitability evaluation procedure. Furthermore, as well as shareholders are concerned, this paper could be of benefit in forecasting management’s potential to create future returns. Finally, management may incorporate this model in the evaluation process of potential acquisitions of other companies. Originality/value The contributions of this work can be summarized in the following aspects. This study provides evidence that by including goodwill and other intangible assets in the authors’ input portfolio, prediction errors represented by root mean squared error are reduced. A modified long short-term memory model is proposed to predict the numerical value of the profitability (or the profitability ratio) in contrast to other studies which deal with trend predictions, i.e. the binomial output result of positive or negative earnings. Finally, posing an extra challenge to the authors’ deep learning model, the authors’ used financial statements according to International Financial Reporting Standard data of listed companies in Greece, a code-law country that suffered during the recent fiscal debt crisis, heavily influenced by tax legislation and characterized by its lower investors’ protection compared to common-law countries.

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Кuznetsova, Olena. « THREATS TO THE FREEDOM OF LOCAL NEWSPAPERS OF UKRAINE UNDER QUARANTINE ». Bulletin of Lviv Polytechnic National University : journalism 1, n^o 2 (2021) : 58–68. http://dx.doi.org/10.23939/sjs2021.02.058.

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Media freedom in Ukraine which is one of the fundamental basics of civil society development, guarantor of the up-to-date, verified and objective information in conditions of pandemic, infodemic and economical crisis with ecological catastrophe, came under influence of threats which are slowing the democratic development and are complicating the exit from quarantine. Threats to media freedom during pandemic are existing at legislative, economical, financial and human rights defense levels. In conditions of quarantine, economic crisis, infodemic and ecological catastrophe journalists have no access to official events of power bodies, do not attend their sittings. This caused lowering the opportunity to control the transparence of the work of power authorities and other institutions. Due to the economic crisis caused by COVID-19 quarantine a serious threat to media freedom in Ukraine appeared. Regional, city and district printed newspapers which are the closest to their readers by content have suffered on it. Quarantine conditions made especially hard the results of ecological catastrophe in Western Ukraine due to raising the water level in mountaineous rivers up to 10 metres and following severe floods which destroyed roads, bridges, buildings and access to Internet communication. Based on the situation analysis, threats to media freedom and rights of journalists have been differentiated, researches of violation of media freedom in Ukraine during period of quarantine (March-July 2020) by the Institute of Mass Information (IMI) and media materials about detaining Ukrainian journalists in Russian prisons during the war on Donbas were reviewed and summarized. The following methods assisted to fulfillment the tasks of research: analysis of documents about regulation of media freedom of international organizations where Ukraine is a member – United Nations, the Council of Europe, OSCE, International Federation of Journalists, comparative analysis of data by international organization “Reporters without Frontiers”, statistical analysis of polls of chief editors of local newspapers by National Union of Journalists of Ukraine. In order to support democratic development of Ukraine, defense of freedom of the local press, its journalists and other staff threats to freedom of Ukrainian regional, district an city newspapers and to journalists’ security had been identified and differentiated, the necessity to fasten in Ukrainian legislation the status of journalism as one of the key spheres of the country’s information security in fightning with pandemic and infodemic had been proved, legislative ways of counterfeiting threats to media freedom had been developed. In particular, in order to reduce threats to media freedom in Ukraine it is necessary to amend Civil, Criminal, Labour codes and the Code of administrative violations by including there articles which proclaim the key status of journalists’ activity in conditions of COVID-19 quarantine. These changes are necessary in order to obtain: legislative guarrantees for obtaining social defense by journalists who suffered violations, to introduce the mandatory insurance of life and health for the costs of the owner of the media; mandatory insurance of journalists and editorial technics (video and photo cameras, notebooks, tablets, smartphones and other digital technics) for costs of media owners; to arrange up-to-date medical treatment, social and psychological support and medical-psychological rehabilitation to journalists who survived illnesses, physical and psychological injuries during their professional work for costs of guilty party and those who organized beatings, injuries and traumas against them. The results of research have very important scientific and practical meaning for improving media freedom and journalists’ security because they widen media-theoretical, theoretical and law presentations about threats to media freedom in Ukraine in pandemic conditions, assist the opposition to infodemic, prove the legal support of journalists’ security and assist to readers’ rights for prompt information without disinformation.

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STAVSKA, Yulia. « THE GREEN TOURISM AS A DIRECTION OF DEVELOPMENT OF RURAL AREAS ». "EСONOMY. FINANСES. MANAGEMENT : Topical issues of science and practical activity", n^o 1 (41) (janvier 2019) : 83–95. http://dx.doi.org/10.37128/2411-4413-2019-1-7.

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Ukraine, choosing its strategic course of integration into the European Union, took the time to accelerate the reform of various spheres of socio-political and economic life of the country, in particular, the sphere of tourism services, transforming it into the standards of the European Union. The world-wide experience of progressive management gives tourism the first place among other sectors of the economy in terms of exports of goods and services. In conditions of development of the Ukrainian state, tourism becomes an effective means of forming a market mechanism of management, the receipt of significant funds to the state budget, one of the forms of rational use of free time, conducting meaningful leisure, studying the history of the native land, attracting the general population to the knowledge of the historical and cultural heritage. Current experience and scientific research show that accelerated development of rural green tourism can play the role of a catalyst for structural adjustment of the economy, provide demographic stability and solve urgent socio-economic problems in rural areas. It is important for Ukraine to overcome the gap in this area and realize the existing rich tourism potential through an elaborate policy of state regulation, including at the regional level. One of the reasons for the rapid development of rural green tourism in Europe is the crisis in the agricultural sector. Today, the process of productivity and automation of agriculture leads to jobs reduction. In fact, in many rural regions of Europe, agriculture has ceased to be the most important form of land use and the most important activity of the rural community. The rural green tourism is closely linked with other types of tourism, primarily with recreational, cultural, specialized tourism types – relief, gastronomy, ethno-tourism, etc. All this allows rural tourism to be included in combined tours, increasing the demand for a traditional tourist product. The rural green tourism in Ukraine is a holiday of the inhabitants of the city in the countryside in guest rooms created by a village family on the basis of its own residential house and private plot. As entrepreneurial activity, rural green tourism develops rather heterogeneously in different regions of Ukraine. Systematization of motivational interests of the rural green tourism activation in the regions of Ukraine showed that the dominant motives for diversification of activities in agricultural sector in the current conditions of rural areas development are: increase of incomes of rural population and increase of employment level, the possibility of diversification of income sources of peasants, significant investments and additional training, opportunities for self-realization of rural inhabitants. Priority directions of development of green tourism in these regions in the near future should be: reception and accommodation of tourists; rental of tourist equipment; production and sale of tourist goods of folk crafts; provision of tourist services (bicycle, gastronomy, agrotourism, cultural and historical tourism, organization of recreational recreation, mountain and ecological tourism); organization of tasting and culinary excursions; active development of the hotel business, camping (construction of agricultural cottages, fishing houses, farmhouses, horse farms); organization of historical and ethnographic events; distribution of religious tours; providing a complex of widely distributed services (fishing, hunting, picking berries and mushrooms, medicinal plants, etc.); development and popularization of water sports (kiting, windsurfing). The research of the current conditions for the development of green tourism in the regions of Ukraine allowed to outline the area of the key problems that hinder the active expansion of this type of activity: - disorderly legislation on key aspects of tourism business regulation in rural areas; lack of a law regulating this type of activity; - low level of development of the infrastructure of the market of green tourism services and social infrastructure of the village; - outdated stereotypes of rural residents, which hinder the active development of the newest types of tourism industry, the pronounced unsystematic and irregular nature of services; - absence of state programs supporting development of green tourism and limited amount of their financial, consulting and information-marketing support; - low level of informatization and popularization of green tourism in the regions of Ukraine among the population of European countries; - lack of political stability and social tension in society, deterioration of the world image of Ukraine. Thus, Ukraine has a rather powerful potential for the development of green tourism as an alternative type of agribusiness in the regions of Ukraine. In the context of modern economic conditions, solving key problems of development of green tourism forms the fundamental framework for addressing the most important socio-economic issues of rural areas: overcoming unemployment, promoting employment, raising incomes and quality of life for rural inhabitants.

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Weston, Maureen A. « Daily fantasy sports and the law in the USA ». International Sports Law Journal, 4 juillet 2021. http://dx.doi.org/10.1007/s40318-021-00192-0.

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AbstractThis chapter examines legal, regulatory, and social issues surrounding the phenomenon of the daily fantasy sports (DFS) industry in the USA. Traditional fantasy sports contests largely involved groups of family or friends creating their own respective “fantasy” teams of real professional athletes, whose actual games results over the course of an entire season determined the success of one’s fantasy team. Fantasy sports contests were not considered gambling on sports, and federal legislation exempts “fantasy sports” from prohibitions against online gambling. As the name implied, DFS is a different product, offering users who pay the DFS operating company to select their team roster on a daily basis, competitions can occur over a day or a week depending on the contest, and among thousands of users, few of whom are consistent winners in the contests. The DFS commercials and advertisements are again blaring the airwaves. Major DFS operators are expanding their product lines and are now fully immersed in online, mobile, and casino sports gambling in states where legal. The DFS and sports gaming market is booming; the technology, analytics, user sophistication, financial stakes, and the distinction between DFS and gambling are increasingly blurred. This chapter considers the legal, regulatory, and social issues arising from the expanding DFS and sport gaming business.

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Czepek, Jakub. « Sports in the Case-Law of the European Court of Human Rights ». Espaço Jurídico Journal of Law [EJJL], 21 octobre 2019. http://dx.doi.org/10.18593/ejjl.20212.

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Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

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Strugalski, Tomasz. « Pojęcie duty of care w deliktowej odpowiedzialności za szkody na osobie w sporcie i rekreacji w Wielkiej Brytanii ». Kwartalnik Krajowej Szkoły Sądownictwa i Prokuratury, 30 septembre 2022, 101–15. http://dx.doi.org/10.53024/5.3.47.2022.

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The article proposes an explanation of duty of care concept – one of the essential condition for establishing tortious liability under the common law system. Personal injury in sports and leisure was taken as the area of research. The article discusses how this legal institution developed, what rules apply to its establishment as well as some distinctive difficulties arising in this respects in the area of sports and leisure due to some inherent risk of personal injury related to them. Duty of care of athletes, participants in physical leisure activities and their organizers was debated. The legislation of England and Wales under which this institution developed was taken as a basis for deliberations. The article concerns important issues, though rarely debated in the Polish legal literature, and constitutes an important piece of knowledge for a legal scholar providing professional insights and prompting both axiological and purely practical deliberations.

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Hudyma, Vitaliy. « CONSTITUTIONAL AND LEGAL BASIS FOR THE FORMATION OF THE CORPS OF PROFESSIONAL JUDGES : FOREIGN EXPERIENCE ». International electronic scientific journal “Science Online”, n^o 2 (2021). http://dx.doi.org/10.25313/2524-2695-2021-2-15.

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The article reveals the constitutional and legal foundations and features of the formation of the corps of professional judges in foreign countries. It has been established that in many countries there is an independent specialized body, whose competence is to ensure the training of candidates applying for positions of judges, for example, in France – the National School of Magistracy, Georgia – the High Council of Justice, Poland – the National Council of Judicial Procedure, Germany – a selection committee, Croatia – Council of State, United States of America – Senate Judicial Committee, Great Britain – Commission on the Appointment of Judges. It has been established that the process of training candidates applying for judicial positions should take into account the aspect of skills development provided for in the Convention for the Protection of Human Rights and Fundamental Freedoms. It has been proven that in the context of the implementation of special training for candidates applying for judicial positions, one should rely on the provisions of Recommendation Rec(2004) of the Committee of Ministers is the Council of Europe to member states on the role of the European Convention on Human Rights in university education and vocational training. It has been determined that the constitutional and legal basis for the activities of institutions conducting vocational training of candidates applying for positions of judges is determined by a special law in many countries. It was found that professional training of judges takes place in the formats of a combination of an interdisciplinary approach to training with a multidisciplinary one, the use of various practical methods for teaching, based on the requirements of European legislation, the development of a program to improve the leadership and management skills of candidates applying for positions of judges. It is proposed to take into account the experience of France, Georgia, Poland, Germany, Croatia, the United States of America, Japan, Great Britain, and other countries when forming the corps of professional judges in Ukraine.

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Skoromnyy, Yaroslav. « BREACH OF THE OATH AS A BASIS FOR THE CONSTITUTIONAL RESPONSIBILITY OF A JUDGE ». International scientific journal "Internauka", n^o 1(101) (2017). http://dx.doi.org/10.25313/2520-2057-2021-1-6835.

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The article reveals the basic principles of bringing a judge to constitutional responsibility due to violation of the oath as the main basis for this type of responsibility. It has been established that legislative and regulatory support of the procedure and peculiarities of bringing judges to legal responsibility is regulated by the following documents, as the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Constitution of Ukraine, the Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of 53 People's Deputies of Ukraine on the compliance of the Constitution of Ukraine (constitutionality) with certain provisions of the Law of Ukraine «On the High Council of Justice», the European Charter on the Law “On the Status of Judges”, Conclusion No. 3 of the Consultative Council of European Judges into account of the Committee of Ministers of the Council of Europe on and the rules governing the professional conduct of judges, in particular, issues of ethics, incompatible behavior and impartiality, the Law of Ukraine «On the Prevention of Corruption», the Code of Judicial Ethics. It was found that only the High Council of Justice has the right to dismiss a judge from office in accordance with the procedure and the decision to dismiss the judge from office. It has been proved that systematic neglect of duties, which is by no means compatible with the status of a judge, revealing a judge's inadequacy to his position, serves as a good reason for dismissing a judge from office. It has been determined that the constitutional responsibility of a judge should be understood as constitutional proceedings for conducting investigations and bringing a judge to justice due to his violation of the provisions of the Constitution of Ukraine and other laws. It has been establishedthat the dismissal of a judge from office as a result of his violation of the oath is one of the grounds for bringing the judge to constitutional and legal responsibility. It has been established that the main types of misconduct committed by judges in the context of breaking the oath are: 1) committing such acts (actions) that tarnish their titles and create doubts about the impartiality, objectivity and independence of their professional activities, in the long term affects the vision of honesty and the integrity of the judiciary; 2) their failure to comply with the restrictions and requirements specified in the Law of Ukraine «On the Prevention of Corruption»; 3) deliberately delaying the time limits for the consideration of a court case, determined by legislation; 4) violation of moral and ethical principles of behavior.

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Khmyz, Mariana. « REQUIREMENTS FOR INCOMPATIBILITY OF A JUDGE POSITION WITH OTHER TYPES OF ACTIVITY : COMPARATIVE CONSTITUTIONAL AND LEGAL ASPECT ». International scientific journal "Internauka". Series : "Juridical Sciences", n^o 8(42) (2021). http://dx.doi.org/10.25313/2520-2308-2021-8-7429.

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The article reveals the requirements for the incompatibility of the position of a judge with other activities in the comparative constitutional and legal aspect. It is determined that the requirements for incompatibility of a judge's position with other activities in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On Purification of Power», the Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court adopted by the Council of Europe and the European Court of Human Rights, the Rome Statute of the International Criminal Court, the General (Universal) Charter of Judges. It is established that the legislative and constitutional requirements for judges stipulate that judges must meet high moral, ethical and professional standards. It has been established that persons may not engage in administrative, political or professional activities during their tenure as judges, which is incompatible with their impartiality, independence or the requirements for permanent performance of their duties. It is determined that while in the position of a judge, it is not allowed to engage in other activities, in particular, to carry out activities in other public authorities, local governments or activities related to the representative mandate. It has been proved that a judge cannot combine the activities defined by the position of a judge with advocacy and business activities. It was found that judges are prohibited by law from holding paid positions and performing paid work, except for teaching, research or creative work. It is established that a judge has no right to be a member of the governing of the body or supervisory board of an enterprise or organization whose main purpose is to make a profit. It is determined that a judge has no right to belong to a political party or trade union, as well as to show support for such a party or union. It has been proven that judges are prohibited from participating in election campaigns, political rallies, rallies or strikes. It was found that the judge is obliged to comply with the requirements for incompatibility established by the legislation of Ukraine in the direction of preventing and combating corruption. It is determined that a judge has the right to activities related to the administration of justice, to participate in judicial self-government, to membership in national or international associations, as well as in other organizations that operate to protect the interests of judges, increase the authority of the judiciary, in society or for the development of legal science and profession, for the formation of public associations, as well as for participation in the activities of such associations in order to protect their rights and interests, as well as to improve the level of professionalism and skills. It is proposed, in the future of the following studies, to reveal the grounds for dismissing a judge from office in a comparative constitutional and legal aspect.

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Articles de revues sur le sujet « Professional sports – Law and legislation – Europe »

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