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Physical culture and sports law as a new complex branch of Russian law. Legal basis for professional activity in sports Legal status of an athlete

The key concept legal regulation physical culture and sports is citizens' rightfor physical education and sports, due to the objective need of a person for physical exercise and in maintaining health by means of physical culture and sports.

The legal nature of sports activities

V In the International Charter for Physical Education and Sport, as well as in the European Sports Charter, sport is defined as a sociocultural phenomenon. We can accept this interpretation of sport as a common human understanding of one of the basic concepts in this area.

At the same time, the legal meaning of this concept is not disclosed either in international normative legal acts or in national law. Therefore, one should first determine the legal nature of sports and sports activities.

To do this, it is necessary to remember that the law provides legal regulation of typical social relations.

Consequently, when analyzing the legal nature of such a sociocultural phenomenon as sport, it is necessary to be based on that circle of typical public relations, which arise in the physical culture and sports.

Taking this approach as a basis, it is possible to define a number of the most important legal concepts necessary in order to get the opportunity to think in legal categories when studying the legal regulation of physical culture and sports.

Subject legal regulation of physical culture and sports activities are legal relations in the field of physical culture and sports.

Legal relationship in the field of physical culture and sports - relations regulated by the norms of law on the realization of the rights of citizens to engage in physical culture and sports, as well as to meet the needs of citizens in physical culture and sports.

An object legal regulation of physical culture and sports - activities of the state, legal entities and individuals in the field of physical culture and sports.

Subjects of legal regulation - Russian Federation, subjects Russian Federation, public authorities, municipalities, bodies local government, as well as organizations - legal entities and citizens participating in physical culture and sports activities.

The nature of public relations in sports

V In the physical culture and sports sphere, there are two types of relationships:

1) public relations- relations between state bodies, as well as local self-government bodies and citizens realizing their right for physical education and sports;

2) civil relations- relationship between legal entities and individuals for satisfaction needs citizens in physical education and sports.

Forms of physical culture and sports activities

Physical culture and sports activity is carried out by its subjects in the following forms:

    educational activities for the physical education of citizens;

    activities for the organization of spectacular sports events and for participation in them;

    activities for the provision of physical culture and sports services;

    activities of public associations, state authorities and local self-government for the development of physical culture and sports.

If the legislator gives the sports industry enterprises a special status, the list of types of physical culture and sports activities may be supplemented by activities for the production of goods for physical culture and sports purposes. It is clear that this list is open.

Methods of legal regulation of the physical culture and sports sphere:

    state-legal (through constitutional and other legislative norms establishing the powers and competence of the bodies state power in the field of physical culture and sports);

    civil law (through the norms of civil legislation regulating relations in connection with the provision of physical culture and sports services and the organization of sports shows);

    administrative and legal (through the norms and rules of administrative legislation governing relations in the field of public administration and executive and administrative activities of state authorities and local self-government).

In accordance with the named methods, the types of responsibility to which the subjects of legal relations in the field of physical culture and sports may be held responsible for violation of legislative norms are civil and administrative.

In exceptional cases, criminal liability may also arise.

The right to engage in physical culture and sports

The state of the third millennium is called upon to create conditions for a quality life for its citizens. Modern concepts of the quality of life are inextricably linked with the ability of every citizen to maintain health as the highest, absolute good. According to general human concepts of the present time, physical culture is a unique means of preserving and developing the health potential of the population. Therefore, the development of legal understanding of relations in the field of physical culture and sports should inevitably move from recognizing the needs for physical culture and sports to creating opportunities for using their potential and realizing the right to them.

The international legal understanding of the role of physical education and physical culture is based on the fact that the effective exercise of human rights in general depends to a large extent on the ability of each person to freely develop and maintain their physical abilities, and therefore access of all people to physical education and sports should be ensured and guaranteed by the state.

Article 1 of the International Charter for Physical Education and Sport, proclaimed on November 21, 1978 in Paris by the UN General Conference, provides that physical education and sports - the fundamental right of every person.

it fundamental right is disclosed in the Charter as follows:

    everyone has the right to access physical education and sports, which are necessary for the development of his personality;

    each person, in accordance with the sports traditions of his country, should have all the opportunities to participate in physical education and sports to improve his condition and achieve a level of sports success in accordance with his abilities;

    special conditions must be provided to young people, including children preschool age, the elderly and people with physical and mental disabilities.

In more detail, the international legal regulation in the field of physical culture and sports will be covered in the corresponding section of our course.

In the Russian Federation, the conditions for the implementation of the above-mentioned fundamental right are created by the state and are regulated by legislative acts as follows.

“Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state(Chapter 1. "Fundamentals of the constitutional system", article 2).

"V The Russian Federation finances federal programs for the protection and strengthening of public health, measures are taken to develop state, municipal, private health systems, activities that promote human health, the development of physical culture and sports, environmental and sanitary-epidemiological well-being are encouraged "(Chapter 2. "Human and Civil Rights and Freedoms", Article 41).

As you can see, the legislator has combined in one article the issues of health care, physical education and sports, ecology and sanitary and epidemiological well-being.

the federal law"On physical culture and sports in the Russian Federation" adopted by the State Duma on January 13, 1999. Prior to its adoption, the Fundamentals of the Legislation of the Russian Federation on Physical Culture and Sports were in force, which entered into force on April 23, 1993 after they were signed by the President of Russia.

Sports law is a complex legal branch, which is a community of legal norms that regulate relations in society that develop in the field of sports and physical culture.

Source of sports law

In practice, traditionally, an industry, and often a legal sub-industry, has a system-forming legal act, represented by a code or other federal law, around which a whole system of this legal industry or legal sub-industry is formed. In the field of physical culture and sports, this is currently the Federal Law of 04.12.2007 “On Physical Culture and Sports in the Russian Federation”.

Subject and method of sports law

The grounds for dividing the law into branches are presented:

  • Subject;
  • Method.

Definition 1

Relations in society, which are distinguished by their own homogeneity and regulated by the norms of a specific branch of sports law, are recognized as the subject of sports law.

The method of regulatory influence on the subject, methods of regulation of a specific type is recognized as the method of sports law.

In this regard, the formation of specific legal branches is not carried out arbitrarily, but as a result of the breakaway of a separate grouping of relations in society that represent the subject, and the formation of a special regulatory regime, which is a method of legal regulation.

In the science of law, there are many different views on the method of legal regulation of sports law. So, some researchers distinguish the general legal methods represented by prohibitions, prescriptions, permissions, etc., used in any combination in the field of sports law; as well as intersectoral, represented by contract, the method of compensation for damage, etc., which is characteristic of some industries.

Sports law defines industry-specific methods:

  • the use of physical education and sports for the prevention of diseases and folding healthy way life of the population of the state, various physical improvement of citizens;
  • ensuring access for all segments of the population to sports and physical education;
  • the use of sports and physical education in the form of a means of preparation for military service and production activities, as well as for the prevention of drug addiction, alcoholism, crime and many other industry methods.

In this regard, a specific subject and method are presented essential conditions separation of one right branch from another. If, however, a polemic is formed in science that has a connection with the formation of a new industry, then the essence of this dispute, first of all, will be the isolation of the subject of this industry from related ones and the isolation of the features of the methodology of legal settlement.

Sports law system

Legal science considered the legal system in the form of objective reality. A scientifically grounded, competently structured legal system assists in its development, being a guideline for the legislator. Possessing an objective basis, represented by real-life social relations, this system acquires scientific understanding, that is, an assessment of the subjective type, in the works of legal scholars. Various points of view may be possible here. When organizing "their" legal systems, one part of the researchers defends the need to maintain the subject purity of the industry, while the other attracts the most extensive complexes. In the legal literature, the dispute over the validity of the separation of new elements of the legal system continues.

According to the dominant legal science the opinion adopted the allocation of basic, special and complex legal branches. In accordance with the opinion of S.S. Alekseeva, all normative material initially collected in the "basic, profiling" industries, which include the branches of administrative, constitutional, criminal and civil law and related industries procedural law, later in specialized industries, such as land, labor, financial law, etc., and, as a result, in an industry of a complex type, for which "a combination of heterogeneous institutions of special and specialized industries is characteristic."

Alekseev S.S. believes that “complex legal branches are such communities legal regulations, which were actually objectified in the system of law and which, without violating the basic legal structure rights exist in the form of secondary formations of law ”.

In this regard, the system of Russian law contains complex education, for example, competitive, marketing, banking, privatization, stock exchange, competition, service, insurance, sports law.

Similar areas of jurisprudence, such as electoral, parliamentary, licensing, budgetary, currency, foreign economic, mining, service, church, educational, transport, urban planning, and corporate law, could serve as evidence of the specialization and ramification of law in modern times. The line of such regulatory structures also includes sports law. These formations appear to be complex due to the fact that the norms included in them do not have a connection with a single method and mechanism of settlement. Almost all of them are spelled out in the main legal branches.

The rules of sports law can be absolutely clearly divided into the following main legal areas, such as:

  • Civil;
  • Labor;
  • Entrepreneurial;
  • Financial;
  • Administrative;
  • International;
  • Criminal;
  • Procedural.

Thus, in the last time period, there is a certain doubling of the legal structure, which is fully consistent with philosophical ideas regarding the possibilities of objectifying any phenomenon in several intersecting structures, about the existence of a hierarchy of structural images. From this point of view, sports law in the form of a separate grouping of norms can be considered in the form of an integrated education, in which, through the introduction of general concepts, techniques, institutions and principles of settlement, the normative heterogeneous material is combined.

This is proof that from the height of the principles of the legal system of Russia, sports law can be discussed as a complex legal branch.

Remark 1

From point of view academic discipline sports law in Russia seems to be a completely independent subject that covers the sphere of peculiar, permeated with organic uniqueness and mutually related relations in society and the corresponding regulatory framework, characterized by the diversity and complexity of the norms and institutions to be studied.

Physical culture and sports are one of the generally recognized branches of human activity, which, just like agricultural activities, required specific legal understanding and regulation.

Relations in society today are governed by one rather complex and extensive category, which is called "law". The existence of this phenomenon was due to the development of social formations. The gradual transition of mankind from tribal associations to state ones entailed the need to create a mechanism that would become the main regulator of the internal processes of such structures. This category has been created. Its competitiveness has been proven by its exceptional efficiency in the process of coordinating relations of completely different directions.

At the same time, the right throughout human history constantly evolving. Today it is a real system, which includes legal branches that are different in their essence. Moreover, the law is not the same all over the planet. The economic, historical and ethnic characteristics of each state strongly influence the legal category. Nevertheless, the international sphere is now becoming more and more relevant. After all, most types of human activity have begun to reach the global level more often.

Sports are a great example. Today, competitions in various sports are not only a struggle for victory and primacy, but also a subtle political game, the features of which are used by many states. Therefore, this sphere of human activity is regulated by a special one, namely sports.

International regulatory industry: concept

International sports law is one of the branches of the classic international sphere coordination. Therefore, consideration of a category must begin with an analysis of its origins. International law did not always exist, but it is a truly old industry. In theory, it is a set of legal norms and legal relations regulated by them, in which there is a foreign element.

There are also other views on the problems of this industry. For example, some scholars regard international law solely as a set of special normative acts in which there are sovereign states as parties. The development of the represented industry began a long time ago, because diplomacy was already known in the days of Ancient Egypt, Greece, Rome, etc. The agreements concluded between the ancient states became an example of the first international legal relations. As for the present, in the 21st century, the industry is divided into several separate parts. This is due to a number of rather specific features.

What caused the division of the international industry?

Sports law is a relatively young structural element of the previously mentioned regulatory area. Its appearance is due to the process of development and popularization public relations a certain kind. Running a little ahead, it should be noted that sports law is a group of interrelated legal norms, that is, similar or homogeneous. The emergence and subsequent development of the sub-industry is determined by three objective factors:

  • the emergence of new, rapidly gaining popularity in society;
  • actual interest of several states in establishing legal order in a new environment of social relations;
  • development, creation and recognition of general legal principles in a new sphere of human activity.

Thus, the development of a new industry or sub-industry is possible if it is relevant to the international community. V this case sports law is an example of an industry that is becoming increasingly popular and in demand today. Therefore, the presented sphere of regulation can be considered as an independent phenomenon.

Sports law concept

So, above we examined the key features of the international legal industry generally. In this case, a logical question arises about what constitutes international sports law. According to the general opinion of the majority of SME scientists, this is a whole system of homogeneous legal norms and well-established rules that govern public relations in the field of sports activities. The key factor of such interaction of society is its international character. That is, we are not talking about sports in the context of one country, for example, Russia, but about activities that combine the interests of a large number of different states.

What is international sporting activity?

Any legal branch regulates human work in a specific area. Physical culture and sports law is a system of legal norms. This indicates the direction of its regulation, the key object of which is international sports activity. This category includes a lot of relatively independent moments. In other words, international sports activities can be represented as:


Subject of the scope of legal regulation

Analyzing all the statements presented above, we can conclude that the subject of the sports industry is the relationship that arises in the process of the subjects of sports activities of the world level. But the peculiarities of this sphere of regulation are manifested not only in the structure of its subject. Great importance also have the principles and system of sports law.

Industry structure

Any legal sphere of regulation is a system in its essence. This fact contains the principle of effective coordination of public relations by jurisprudence as a whole. Sports law in this case is no exception to the rule. Its system is divided into institutions and separate norms. In this case, we cannot talk about the SME sub-sector, because it itself is a part of international law. Characteristic feature system of the sports industry is its openness. In other words, SMEs, that is, individual states, can change it through their own national legal systems.

Principles of Sports Law

Any legal system for regulating public relations has certain initial provisions. The basis of sports law also includes specific principles. In general, their system within SMEs is quite extensive, due to the presence of several groups. Sport school some general principles, the structure of which includes the following fundamental provisions, namely:

  • the principle of good faith in the fulfillment of obligations;
  • a provision on respect for human freedoms;
  • the principle of unification of norms and institutions of SMEs;
  • the principle of universal technologization.

The presented starting points can be found not only in the framework of international sports law.

They also exist in other sub-sectors of the international and national spheres of regulation of public relations. However, there are also special principles of SMEs that reflect all the specifics and essence of the category presented in the article. Initial provisions of this kind govern specific relationships related to:

  • the holding of the Olympic Games;
  • training activities;
  • development of SMEs and world sports, etc.

Thus, due to these principles, international sports law exists in the form independent industry... Moreover, its exceptional nature is also due to the presence of other special categories in the structure of SMEs.

Legal regulation method

International, Russian sports law and similar branches of other states are united by the fact that there are certain techniques and methods by which the regulation of public relations is carried out. In theory, this is called the legal coordination method. In SMEs, regulation is carried out through targeted impact on athletes, organizations and other industry actors. The set of methods is quite wide and includes:

  • decentralized and;
  • subordination, coordination of the interests of individual parties;
  • regulation of a hard and soft nature.

It should be noted that in most cases the method of two-way influence on the participating states is used. In other words, the manifestation of initiative is allowed, but subject to adherence to the rules generally accepted in the sports community.

Industry sources

The study of any branch of law that exists today is impossible without an analysis of its sources. International sports law is characterized by a certain ambiguity in this matter. The entire system of sources is divided into a domestic and international legal group. In the first case, we are talking about the national legislation of the subjects of regulation of SMEs, judicial precedents these countries. Thus, the source in this case is the entire set of legal norms of individual powers. International legal sources are more specific. After all, they contain norms that regulate relations that are directly within the competence of SMEs.

Sources of an international character

Today, theorists distinguish four forms of SMEs. This directly applies to:

  • an international treaty;
  • international legal custom;
  • acts of sports organizations;
  • judicial precedents of international instances.

The presented sources are born in the process overall activities SMEs. For example, the rights of a sports federation of any type allow it to pass certain acts on issues internal organization or by external interaction. If the structure is international in nature, then the issued act is a reference and is automatically equated to the source of the SME.

Conclusion

Thus, international sports law is an independent structure, fully formed today, which has its own system and method. regulation... Its development must be continued, because the world sport is constantly evolving in the 21st century.

Keywords: sports law, system of legislation, branch of law.

Sports law as a branch of legislation includes regulations governing public relations arising in the process of training and participation of an athlete in sports competitions, as well as participation of other legal entities in activities related to the organization and conduct of sports events, both nationally and internationally 1.

In accordance with clause 4 of Article 15 of the Constitution of the Russian Federation, the generally recognized norms and principles of international law and international treaties of the Russian Federation are part of its legal system. Therefore, first of all, we will focus on international regulations regulating relations in the field of sports.

In 1978, the International Charter for Physical Education and Sport (hereinafter the Charter) 2 was adopted. The Charter under consideration, as follows from the preamble, was adopted with the aim of placing the development of physical education and sport at the service of human progress, promoting their development and encouraging governments, as well as competent non-governmental organizations, educators, families and individuals to be guided by it, disseminate and apply it 3 ... It follows from the text of the Charter that physical education and sport are an important component of the life of society. It proclaims that everyone has a fundamental right to access the physical education and sports necessary for personal development.

The Charter states that physical education and sports with act to preserve and improve health and reasonable leisure time by a person, enrich public relations and develop a sports spirit necessary for the life of society.

Important are the provisions of Articles 9 and 10 of the Charter, according to which government bodies at all levels and specialized non-governmental organizations are called upon to promote the implementation of activities in physical culture and sports. Such assistance should consist in the adoption of regulatory legal acts, ensuring material support, as well as in the use of other measures of encouragement, incentives and control. A special place is given to cooperation between states, international and regional governmental and non-governmental organizations, contributing to the maintenance of peace, strengthening mutual respect and friendship and creating a favorable climate for solving international problems.

Other international legal sources in the field of sports are the European Sports Charter, adopted on May 15, 1992 (hereinafter the Sports Charter) and the Code of Sports Ethics 4 (hereinafter the Code). The Code is based on ethical principles, which are an integral part of all sports activities, sports policy. The Code creates an ethical basis for combating negative manifestations not only in sports, but also in modern society (this follows from paragraph 3). The Code sets out the responsibility for fair play 5 to governments, sports and sports-related organizations and individuals.

The Sports Charter, in line with the principles set out in the Code, calls on governments to create an enabling environment for sports, including guarantees of physical education knowledge and physical skills, guarantees to play sports and physical activity in safe conditions for health; protect and develop the moral and ethical basis of sport, human dignity and safety, etc.

Special meaning has the Anti-Doping Convention 6, which regulates doping relations; establishes measures aimed at limiting its availability, as well as the principles of international cooperation in this area.

In the Convention "On the Prevention of Violence ..." 7, the principles of international cooperation in the field of prevention of violence at sporting events are established; measures aimed aimed at preventing and suppressing violence and hooligan behavior of spectators of sporting events, etc.

Having considered the main international legal acts affecting relations related to sports, let us turn to the current Russian legislation in this area.

Let's start with the "Constitution of the Russian Federation" as a source of law that has supreme legal force. In the text of the Constitution, physical culture and sports are mentioned twice, namely: in paragraph 2 of Article 41, which states that measures are being taken in the Russian Federation, in particular, in physical culture and sports; and subparagraph "e" of clause 1 of article 72, which refers general issues physical culture and sports to the issues of joint jurisdiction of the Russian Federation and its subjects. The fact that this sphere is mentioned in the constitution confirms its significance and social importance.

In clause 1 of Art. 25 of the Declaration of the Rights and Freedoms of Man and Citizen 8 says that the state encourages activities that contribute to the development of physical culture and sports.

Considering the content of federal laws, we note that the law establishing the legal, organizational, economic and social foundations of the activities of physical culture and sports organizations, as well as the principles public policy in the field of physical culture and sports, there is the Federal Law of April 29, 1999 "On Physical Culture and Sports in the Russian Federation" 9. This law is the basic sectoral law that creates the foundation in the legal regulation of the area in question.

Currently on federal level there are also numerous regulations regulating relations in the field of sports, such as: Decree of the Government of the Russian Federation of July 6, 2001 No. 515 10, post amended on April 30, 2004 No. 326 11, etc.

At the level of the constituent entities of the Russian Federation, there are also a number of normative legal acts regulating relations related to sports.

It should be especially emphasized that in addition to the acts directly regulating relations related to sports, the legislation on sports can also include separate provisions normative acts of other branches of law, in particular: tax 12, customs 13, labor 14, civil law 15, etc.

Thus, we can conclude that at the moment, both in Russia and at the international level, a system of legislation on sports has been formed, which is of a complex nature, representing a certain array of legal norms regulating relations developing in the field of sports.

It is most likely impossible to speak of sports law as an independent branch of law, since, as shown above, the most important basis for distinguishing a branch of law is the allocation of its subject matter and method of legal regulation. Considering sports law, it is rather difficult to make such a distinction, since the relations developing in sports are very diverse. Regarding the method of legal regulation, it is worth saying that, depending on the type of relations in the field of sports, methods of legal regulation of various branches of law are used, and it is not possible to single out a specific method that normalizes social relations developing in the field of sports.

1 This point of view was expressed by E.A. Orlova ("Sports Management". 2004, No. 1, p. 61).

2 Adopted in Paris on November 21, 1978 at the 20th sessions of the UNESCO General Conference.

3 Paragraph 13 of the preamble Har tii.

4 Council of Europe Code of Sports Conduct 1992 “Fair play is the path to victory”.

5 As follows from Article 6 of the Code, “Fair Play” is a fairly broad concept, which includes, in addition to following the rules in sports activities, the concepts of friendship, respect; it is a way of thinking that excludes deception, doping, violence, insult, exploitation, corruption.

6 Council of Europe, Anti-Doping Convention, ETS 135, Strasbourg, 16.11.1989.

7 Council of Europe, Convention on the Prevention of Violence and Hooliganism by Spectators at Sporting Events, in particular Football Matches. ETS 120, 19.08.1985.

9 SZ RF, 03.05.1999, No. 18, Art. 2206.

10 Decree of the Government of the Russian Federation of July 6, 2001 No. 515 "On Approval of the Regulations on the Accreditation of All-Russian Physical Culture and Sports Associations (Federations, Unions, Associations) different types sports.

11 Resolution of the Government of the Russian Federation of April 30, 2004 No. 326 "On Federal agency on physical culture, sports and tourism ".

13 For example, clause 1 of Art. 212, pp. 24 clause 1 of Art. 268 of the Customs Code of the Russian Federation; Convention on Customs Concessions for Tourists (New York, June 4, 1954).

14 This refers to the provisions Labor Code regulating the relationship between the employee and the employer.

15 The norms of the Civil Code governing entrepreneurial activity; legislation on public associations, etc.

In recent years, sport has become one of the most striking phenomena of human activity. Moreover, like no other type of activity, it has acquired a comprehensive character. Holding a large number of international sports competitions, international sports business require appropriate legal regulation on an international scale.

A large number of international sports relations are regulated by various branches of international law. So, the regulation of sports relations using international treaties, having a general or regional character, is characteristic of public international law. Conducting sports competitions with the participation of athletes different countries, transfers of players from a club of one country to a club of another country are elements of private international law. At the same time, it is impossible to describe all international sports activities without taking into account the corporate norms of international sports organizations and federations. All of them are mandatory for those involved in a specific sport or participating in competitions, including those of a planetary scale, such as the Olympic Games. Many of them are sanctioned by international organizations (World Anti-Doping Code international organization WADA is included in the International Convention against Doping in Sport) or national legislation (the Law of the Republic of Belarus "On Physical Culture and Sport" authorizes the Olympic Charter and documents of international sports federations as normative acts).

Such use of international acts, different in their legal force, allows us to conclude that in the field of international sports relations a system of homogeneous international legal norms has developed general subject legal regulation.

In accordance with the above, international sports law is understood as a set of international legal norms and norms of international sports organizations and federations that regulate international sports relations.

One of the most complete lists of international sports activities is presented by S.A. Alekseev in his work "International Sports Law". Among them, we highlight the following main areas:

1) the organization and activities of international sports organizations, including the IOC, IFs, WADA, etc., including their interaction with national sports structures;

2) organization and holding of international sports competitions, including the Olympic Games, as well as other international sports and sports and entertainment events;

3) international relations in the field of professional sports, including the international movement of labor resources in the field of sports, including international transfers, leases, other types of transfers of an athlete (coach) from one club to another, as well as the international activities of sports agents;

4) international cooperation and foreign investment in the field of sports;

5) international commercial activities in the field of the sports industry, including the organization of joint ventures that produce goods for sports and tourism purposes;

6) relationships related international protection right intellectual property in the field of sports activities;

7) international tax relations in the field of sports;

8) injuries in international sports;

9) world anti-doping policy and anti-doping in the international sports movement;

10) the international cooperation in the fight against crime in the field of sports activities;

11) settlement of international sports disputes;

12) other related and related areas of activity.

These relations are distinguished by their homogeneity and commonality; in general, they cannot be attributed to any independent international branch of law. They are complex and constitute a subject of international sports law.

The subject of international sports law is the organic complex of public relations arising in different areas international sports activities and other closely related activities.

Since the subject of international sports law is of a wide complex nature, there should also be many methods of legal regulation of relations that make up the subject.

It is obvious that all methods are of a general legal nature and are characteristic of national law. tying, permission or ban... The use of doping, the fight against violence and hooligan behavior of fans during sporting events are regulated by tying and banning methods. The organization of sports competitions uses the methods of binding and permissiveness, and international transfers of players - permissions and prohibitions in various combinations.

On the other hand, since international sports law is part of international law, it uses and general methods regulation in international law, including:

- method of contractual regulation through international agreements);

- customary regulation method through international customs.

Within the framework of these two methods, one can distinguish methods of unilateral, bilateral and multilateral actions of states, as well as methods of universal regulation of international relations.

As for the special methods of international sports law, they include the methods inherent in international private and international public law, but directly related to sports, such as:

Creation of international sports organizations and federations;

Delimitation and transfer of competence from states and national sports organizations and federations to international sports organizations to federations;

Procedural and legal regulation of the resolution of international sports disputes through international sports arbitration;

Taking into account the rules of international sports ethics - the principle of "fairplay" - respect and observance of the rules of fair play, etc.

International sports law is based on principles that are both general in nature for the entire system of international relations, and inter-sectoral or sectoral, inherent only to international sports law. Among the first, we can highlight the following principles presented by the Declaration of Principles of International Law Concerning Friendly Relations and Cooperation between States in accordance with the 1970 United Nations Charter:

The principle of respect for human rights and fundamental freedoms;

The principle of cooperation between states;

The principle of conscientious fulfillment of international obligations.

Among the intersectoral principles, we single out the principle of equal opportunities, characteristic of international public law, regardless of race, gender, religion, political or other convictions, to go in for sports as a factor in improving the quality of life at the national and international level; the principle of encouraging the development of high-performance sports, as well as mass sports in the world, which is characteristic of international private law.

As for the principles of international sports law directly, they include:

- "fairplay" - the principle of respect and observance of the rules of fair play;

The principle of the prohibition of the use of doping in sports and others.

Based on the foregoing, we can state that international sports law at this stage of its development is an emerging complex branch of international law.