In the dissertation work the research of constitutional and legal regulation of professional sport in Ukraine is carried out. Theoretical and practical problems of normative-legal regulation are determined and the directions of its improvement are worked out.
It is investigated that economic factors have become the main prerequisite for the emergence and development of such a specific and dynamic social phenomenon as professional sports.
The foreign experience of constitutional and legal regulation of professional sports is considered, the peculiarities of functioning of European, American and Asian-African models of professional sports are outlined. The constitutions and normative legal acts of the countries of the world on the subject of legal regulation of physical culture and sports are studied. At the present stage in many states there is a clear system of organization of constitutional and legal regulation of professional sports on the basis of the inclusion in the constitution of relevant provisions, which are supplemented by legislation, adopted at different levels, and regulate the life of the system of physical culture and sports in accordance with their own needs.
The expediency of introducing the European model of professional sports in Ukraine is substantiated. At the same time, in order to build an effective system of constitutional and legal regulation of this area of public relations, it is necessary to rationally use the fundamental principles of the American model of professional sports.
Modern and new scientific approaches to the conceptual and categorical apparatus of the Institute of Professional Sports have been identified and developed. It is pointed out that the problem of legal terminology is insufficiently regulated, the absence of definitions of the conceptual apparatus in the field of sports activities in the texts of the Constitution of Ukraine and the basic laws of foreign countries has been established.
The question of classification of sport, the influence of the peculiarities of its individual varieties on the problem of defining this definition at the legislative level is considered. The comparative analysis is carried out and the characteristic features and essential differences of the categories «professional sport», «sport of higher achievements», «Olympic sport», «amateur sport» are determined. The author's definition of the concepts «sport», «professional sport», «professional athlete» is offered.
Scientific approaches to the interpretation of the legal status of a person are analyzed in detail. The concept and main types of legal status of a professional athlete are substantiated. The constitutional and legal status is indicated as a source for other types of legal status of a professional athlete.
The integral components of the legal status of a professional athlete have been studied - the subjective rights of a professional athlete, the legal obligations of a professional athlete and guarantees of compliance with his subjective rights and performance of legal duties. The most important constitutionally enshrined specific subjective right of professional athletes, the right to work, is analyzed.
The concept of risk in law is studied. The concept of «sports risk» as a kind of social risk is analyzed; its features are clarified, the subject, object and subject are indicated. The necessity of immediate settlement of the problem of risks as a direct violation of the Constitution of Ukraine at the level of national legislation is substantiated; expediency of establishing criminal liability for doping and any actions related to it (storage, manufacture, sale, transportation, etc.).
The mechanism of legal regulation of the realization of the rights of professional athletes is analyzed in detail. Restrictive measures in this area of public activity are considered. The restriction of the constitutional rights of professional athletes is pointed out.
The main historically determined deterrent element of the sphere of professional sports in Ukraine - its autonomy (partial independence), which was manifested by the direct recognition at the state level of local regulations, decisions and rules of international sports NGOs.
The inconsistency of local regulations with the provisions of the Constitution of Ukraine and other national legislation has been proved. The expediency of creating a separate specialized arbitration center - a permanent arbitration court in the field of sports - is substantiated. The main directions of improving the constitutional and legal regulation of professional sports in Ukraine are formulated: allocation of sports law in a separate branch of law and adoption of a special Law of Ukraine «On Professional Sports», which will form common principles and comprehensive approach to regulating relations in this area.
