Bilyaev O. Sports organizations as subjects of civil law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006674

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

17-11-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is a complex scientific work, which is dedicated to the study of the legal status of sports organizations as subjects of civil law. It is proved that all sports organizations are legal entities, which in addition to the characteristics common to them, still possess special characteristics, among which are the following: a) the existence of a formal membership; special responsibility; b) risky nature of the activity. Sports organizations are different from physical criteria: systematic training; participate in competitions; personal relations of the person to activities; the legal relationship between the athlete and the organization. Such organizations tend only special capacity, the volume of which is determined by the constituent documents of the Ukrainian and international organizations on the sport activity in which sports organization; rules and regulations of the competitions; anti-doping requirements. Such organizations have a mandatory goal of achieving the highest sports result, the implementation of which is possible only under condition of membership in the Federation by sport. It is established that the persons guilty of violation of legislation in the sphere of physical culture and sports, along with criminal, administrative, civil or disciplinary liability, can be invited to a special "sports", "sports competition" responsibility, the consequence of which may be "sporting sanctions" (removal, fines, disqualification, and the like). Studied the legal nature of the legal relationship between the athlete and sports organization. Legal regulation of such relations should be based on the principles of freedom of contract and only with the use of the civil law.

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