Article title Sports Law: Definition of the Concept in the Legal System’s Context
Authors

Postgraduate student of the Department of Constitutional Law, Theory and History of State and Law Interregional Academy of Personnel Management

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 10/2019
Сторінки [267-278]
DOI https://doi.org/10.33498/louu-2019-10-267
Annotation

The article aims at forming a new approach to the definition of the sports law concept from the perspective of its branch specificity within the legal system.

It is noted that in theory, the understanding of sports law as a branch of law is traditionally based on singling out the subject matter of legal regulation, this being sports relations regulated by a set of sports law provisions. The author argues that the peculiarity of the latter is their disposition, that is, the rights and obligations relationship of sports subjects in their sports relations with each other. Given this, sports law acts as a system of legal provisions which regulates these rights and obligations and is one of the subsystems of a more general legal system, and therefore can be considered as one of its branches.

In this regard, the author analyzes the concept of “legal system” in the theoretical law science and emphasizes the need to apply the sociological approach when considering the legal system in which sports law is singled out as one of its subsystems.

It is noted that the sociology of law refuses to use the concept of legal system in its formal legal aspect, using the ideas about the pluralistic nature of law which are essential for understanding the phenomenon of sports law.

The article proposes to avoid being confined just to formal logic when defining the concept of “legal system” but use dialectical logic instead and consider this concept as a unity of the general, the special and the individual.

The author substantiates the standpoint that it is erroneous to limit the subsystem of sports law to the framework of pure national legal system giving it global significance. The general aspect in the concept of “legal system” is not the national but supranational, panhuman level of legal phenomena of the uniform world sport domain. It is no accident that the literature deals with such sports and legal phenomena as “international sports law”, “European sports law” etc.

The author concludes that the concept of “ports law” should be defined not within the subsystem of national law but in the context of a higher-level subsystem and should be generally considered as a subsystem of the global (worldwide) system of law. It is proved that sports law is a branch of the entire legal system of the world and not just a branch of the national legal system.

The author proposes the definition of the scientific concept of sports law which reveals its essence as a specific branch of law.

 

Keywords sports law; legal system; system of law; sociology of law
References

Bibliography

Authored books

1. Ivakyn O, Dialektychna filosofiia: monohrafiia [Dialectical Philosophy: Monograph] (Yurydychna literatura 2003) (in Ukrainian).

2. Javich L, Obshhaja teorija prava [General Theory of Law] (Izd-vo Leningradskogo universiteta 1976) (in Russian).

3. Marchenko M, Problemy teorii gosudarstva i prava: uchebnik [Problems of the Theory of State and Law] (TK Velbi, Izd-vo Prospekt 2006) (in Russian).

4. Rabinovych P, Osnovy zahalnoi teorii prava i derzhavy: navchalnyi posibnyk [Fundamentals of the General Theory of Law and State] (ISDO 1995) (in Ukrainian).

5. Rozental’ M, Principy dialekticheskoj logiki [The Principles of Dialectical Logic] (Izdatel’stvo social’no-jekonomicheskoj literatury 1960) (in Russian). 6. Yevhrafova Ye, Ob’iektyvnist prava: problemy teorii i realnist: monohrafiia [Objectivity of Law: Problems of Theory and Reality: Monograph] (Parlamentske vyd-vo 2014) (in Ukrainian).

7. Yushchyk O, Haluzi ta instytuty pravovoi systemy (mify i realnist) [Branches and Institutions of the Legal System (Myths and Reality)] (Oriiany 2002) (in Ukrainian).

 

 Edited and translated books

8. Karbon’e Zh, Juridicheskaja sociologija [Legal Sociology] (Tumanov V per s fr, Progress 1986) (in Russian).

9. Normy sovetskogo prava. Problemy teorii [The Norms of Soviet law. Theory Problems] (Bajtin M i Babaev V red, Izd-vo Saratovskogo universiteta 1987) (in Russian).

10. Velykyi entsyklopedychnyi yurydychnyi slovnyk [Encyclopaedic Dictionary of Law] (Shemshuchenko Yu red, Iurydychna dumka 2012) (in Ukrainian).

 

Journal articles

11. Alekseev S i Gostev R, ‘Sportivnoe pravo: istochniki regulirovanija fizkul’turnyh i sportivnyh meroprijatij’ [‘Sports Law: Sources of Regulation of Physical Education and Sports Events’] [2013] 5(47) Kul’tura fizicheskaja i zdorov’e 16-31 (in Russian).

12. Krasavchikov O, ‘Sistema prava i sistema zakonodatel’stva’ [‘Law System and Legislation System’] (1975) 2 Pravovedenie 62-71 (in Russian).