Konstantynov D. Administrative and Legal Framework for Activities of Physical Culture and Sports Entities

The thesis identifies and reveals the essence of mechanisms, rules and procedures for managing physical culture and sports, the particularities of implementing actions to promote its development, as well as proposes an optimal model for ensuring its functionality. The author studies the content and essence of administrative and legal relations, their subjective side, with a special focus on the system of representatives of the public administration institution, on the category of "other actors" as those having no public administration functions, and on the framework for and principles of their activities in this field. The peculiarities of implementation of administrative and legal relations in the field of physical culture and sports, their specificity and basic aspects of proper organisation of joint activities of these entities are characterised. The author makes proposals to define partial self-regulatory mechanism for physical culture and sports by law, providing for a minimal policy of State interference, but regarding the most pressing issues of its development. In particular, self-regulatory organisations should be responsible for managing physical culture and sports, and public administration bodies should be responsible for promoting its development and identifying relevant vectors. It is proved that the main trend in developing administrative legislation regulating the organisation and functioning of actors of administrative and legal relations in the field of physical culture and sports is the drafting of the Law of Ukraine "On Self-Regulatory Organisations in Sports", since currently such organisations are guided by the provisions of the Law of Ukraine "On Public Associations". While such an initiative is unlikely, it is at least advisable to adopt the Law of Ukraine "On Self-Regulatory Organisations", the provisions thereof, in addition to establishing the legal regime for the activities of the relevant actors, should allow for the possibility of resolving their disputes regarding professional and economic activities by concluding arbitration agreements with their subsequent arbitration, and should also contain a mandatory indication of the existence of a cassation level for resolving such disputes, objectively assessed by the Sports Arbitration Court of Ukraine. It seems appropriate to resolve other issues that currently exist within this problem in a codified manner.