The Concept, Signs, Legal Nature of a Sports Dispute

Abstract

The article presents an overview of domestic and foreign doctrinal concepts, as well as the author’s view on the problems and features of the definition construction, as well as the determination of the signs and legal nature of a sports dispute as an independent legal category. The elements of the scientific novelty of this study consist in an integrated approach combining theoretical and legal and practical analysis conducted on the basis of modern provisions of the doctrine of sports law, current norms of relevant legislation and current positions of law enforcement practice, during which an attempt is made to make an author’s contribution to the development of ideas about sports dispute as a legal phenomenon, its legal nature and signs. According to the results of the study, a semantic connection was established between a social conflict and a sports dispute, which explains the legal nature of public relations that constitute the subject of this category of legal disputes. Additionally, the main features of a sports dispute arising from the features of the structure, subject composition, object and subject of sports legal relations are formulated. The author’s definition of the legal category «sports dispute» is proposed as the resulting component. Based on the above, the definition of the concept of «sports dispute» proposed by the author by its design completely assimilates to the already established rhetoric of legislation in the field of physical culture and sports, does not contradict the current domestic legal foundations and leaves room for further reforms on this issue, in connection with which a proposal was additionally formulated to legally consolidate this concept in the profile federal law. This addition is seen as methodologically necessary and multi-aspect important, both from the theoretical and legal and law enforcement points of view, and from the substantive and procedural sides of the phenomenon under consideration.