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The Universal Declaration of human rights of 1948, the Olympic Charter, the International Charter of physical education and sport, the European Charter of sport and other documents of international organizations confirme the relevance and importance of th e development of the sports movement.
In the preamble of the International Charter of physical education and sport it is emphasized that "the effective enjoyment of human rights depends on the capabilities of each man and woman free to develop and preserve their physical, intellectual and moral ability", and 'a1°the access of all people to physical education and sport must be ensured and guaranteed". The main objectives of the European Charter of sport is to "allow everyone to play sports'a1±. In order to impleme nt this strategic objective in article 3 of this document the need for close cooperation between government structures and public sports organizations and create the developing and coordinating mechanisms is emphasized.
Development of State policy of the Russian Federation in the field of sport today can be assessed as the undisputed achievement. Since the year 2000, various acts were adopted in this area, including:
-The Federal law dated December 4, 2007, # 329-FZ "on physical culture and sport in the Russian Federation".
-The Federal law dated February 28, 2008, # 13-FZ on amendments to the labour code of the Russian Federation ", make the labour code of the Russian Federation (LC RF) with a new Chapter 54-1" features of the regulation of labour, athletes and coaches ";
-The Federal law dated December 27, 2006, no. 240-FZ "on the ratification of the International Convention against doping in sport;
-The Federal law of October 30, 2007, # 238-FZ "on the State Corporation for construction of Olympic venues a nd development of Sochi as Alpine climatic resort.
-The Federal law dated December 1, 2007, 'a1н 310-FZ "on the Organization and holding of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi, development of Sochi as Alpine climatic resort and amendments to certain legislative acts of the Russian Federation";
-and so on.
An integral part of the strategy of development of physical culture and sports is the creation and maintenance of an up-to-date system of legal regulation of relations in the sphere of physical culture and sports, including the legal regulation of a thletes' and coaches' labour.
In Russian labor law long enough a debate about standards of what branch of law should govern relations of sports organizations with athletes and coaches.
Now a new Chapter 54-1 LC RF specifies peculiarities of labour regulation in sports, and the Federal law of December 4, 2007, # 329-FZ "on physical culture and sport in the Russian Federationh mainly solves the dispute in favour of the labour law.
This was made possible through the development and introduction in the LC RF s eries of standards that define the essential features of the regulation of labour of athletes and coaches.
Not always all the signs of labor relations (personal, material (material), organizational (authoritarian) contained in such a complex phenomenon as the work of athletes and coaches.
In Russian law there is an ongoing debate - what branch of law should govern the relations of sportsmen and coaches? Some scientists propose to regulate such relationships by norms of labour law or civil law, while others took a compromise stance.
Not always all the indications of labor relations are contained in such a complex phenomenon as the work of athletes and coaches.
Federal law dated December 4, 2007, 'a1н 329-FZ "On physical culture and sport in the Russian Federation" states that the regulation of relationships with athletes and coaches is executed not only by provisions of labour law and civil law. Therefore, one must define the dividing line between labour and the civil relations in the sphere of physical culture and sports.
If the relationships between sportsmen and the athletics and sports organization had all the signs of labour relations, labor function is fully performed (art. 348-1 of the LC RF), and they have all necessary elements of the legal status of the parties (legal capacity, rights, obligations, legal interests and responsibility), then labour legislation should apply to these relations. In all other cases civil law is applicable.
In the regulation of labour relations, the role of Government is to consolidate the minimum level of rights and responsibilities of the maximum amount of workers in the sphere of physical culture and sports and also to establish the system of guarantees of employment rights.
One of the subjects of regulation at the level of all sports federations (corporate level management) should be informed guidance on the nature of the relationship of athletes with sports clubs and (or) the organizers of sports events in a specific sport (labour, civil law). Russian sports federations can also establish the rules binding on the parties (mandatory rules) that define the content of civil law contracts with athletes in the sport within the framework of their authority.
Lithuanian legislation went in the opposite direction. Gradually accumulating experience in the sport, in 1993 Sports Lithuanian Congress discussed and approved the basic principles of the law on physical culture and sports. The law of Lithuania legitimized the professional sport and detailed contract on sporting activities. This contract must specify, in which sport the athlete carries out its activities, the functions of the athlete; obligation to observe the rules of the athlete and other provisions established by the Sports Club and the Federation of the sport where the athlet e belongs; payment for the athlete; athlete's health insurance terms and conditions; the procedure for compensation of damages caused to the health of athletes while preparing for competitions and during competitions; the duration of the contract; liability for failure to comply with the Treaty obligations; studying conditions of juvenile athlete. In accordance with the provisions of the law on sports activities, the parties shall establish a mutual responsibility for non-fulfilment of contractual obligations. In the contract of sporting activities can be envisaged and other conditions which do not contradict the law.
This law defined the notion of professional sports club. It is a legal entity which finances the preparation of athletes to competitions and their participation in competitions, organises sporting events paying remuneration according to professional athletes signed their contracts on the sporting activity and receiving income from the activities of clubs, athletes, or other statutory activitie s.
Professional athletes in Lithuania have the right to move from one professional sports club to another or to a foreign Club after contract expiration on sports activities and the implementation of treaty obligations, athlete; If the professional sportsma n wants to go to another Lithuanian professional sports club or a sports club before the end of the sporting activity or not performing the obligations provided for in the contract the transfer of the athlete is only possible if agreed by letting go of the athlete and takes the athlete's sports clubs.
Also there is the issue of child labour. Many outstanding sport results are shown by athletes who sometimes have not even reached the age of fourteen years; taking special care of the health of the athletes, the legislators have established special rules for an employment contract with an athlete who has not attained the age of fourteen years. In addition to the requirements of Labor Code of Russian Federation stipulates that when entering into an employment contract with such athlete permission of the Department of custody and guardianship based on the preliminary medical examination (examination) must be granted. The contract in this case also must be signed by one of the parents (or guardians).
It should be noted that an athlete who hs not attained the age of eighteen is subject to all the peculiarities of legal regulation of labour provided for in Chapter 7. 54.1 "features of the regulation of labour, athletes and coaches" of the LC RF. In particular, the employment contract with it must contain all of the required conditions set by h. 2 St. 57 of the LC RF, and prerequisites specified in article 3. 348.2 LC RF. By agreement between the athlete and sports organization in an employment contract may prescribe additional conditions do not worsen the situation of athlete than those set by labour legislation, collective agreements, agreements, local normative acts (ch. 4 Article 57 of the LC RF), as well as those additional conditions, which are listed in article 5. 348.2 LC RF.
The content of the employment contract with an athlete who has not reached the age of eighteen years shall conform to the requirements set out in art. 57 of the LC RF. Employment contract must contain information about the employee and employer, as well as prerequisites. The contract can also contain additional and specific optional conditions that Parties shall establish by agreement among themselves. Feature of this is that the content required and additional conditions is grouped separat ely for athletes, for trainers and for athletes and coaches.
In addition, the contract with athletes, including those under the age of eighteen, in addition to the additional conditions do not worsen the situation the employee than those of labour laws and other regulatory legal acts containing rules of labour law, collective bargaining agreements, local normative acts (ch. 4 Article 57 of the LC RF) may provide specific additional terms and conditions:
-athlete's consent to transfer the employer of their coach, personal data (copy of employment contract in all Sports Federation on the appearance or sports, and in the case of the athlete, the coach of a sports team of the Russian Federation is also to transfer copies of the employment contract with the Feder al Executive Body, performing the functions of the State policy and normative-legal regulation in the sphere of physical culture and sports);
-the responsibility of the athlete to use sports equipment provided by the employer;
-the responsibility of the athlete to comply with the provisions (regulations) of the activities directly related to labour of athlete;
-the exercise of monetary payment in favor of the athlete of the employer upon the termination of an employment contract and about the size of the payouts.
The emergence of the special legal norms governing the work of athletes under the age of eighteen in LC RF is a major step in the legal protection of the labour rights of workers and enhancing their health and life.
Specific features of an employment contract with sportsmen of any age include rules relating to the responsibility of the employer, as when hiring and during the period of validity of the contract of employment to athletes under the painting with the standards approved by the national sports federations, the rules of the sports regulations (regulations) of sports competitions, employer contracts with sponsors, advertisers and organizers of sporting events and national sport federations in part, directly related to the employment of athlete s. If an athlete is a member of a sports team, then rules and regulations required by the appropriate Russian Sports Federation are applies.
Every sports organization usually tends to stabilise labour relations with a sportsman. However, there are circumstances when the employer does not have the capacity to provide the necessary level of training or athlete to participate in sports competitions. In this case athletes are allowed to be temporary relocated with their written consent to another employer - sports organization for a term not exceeding one year by the agreement between employers and sports organizations. With this translation at the place of temporary work with athlete a term contract of employment is concluded. The original employment contract is suspended, with the exception of the rights and duties of the dual jobholder who must obtain consent to combine as an employer at the place of temporary work and the employer, who originally signed a contract of employment.
You have to keep in mind that at the end of the temporary relocation original employment contract is fully valid.
There is no doubt that sport became an essential part of modern society. More and more people are getting involved in sports, not only to maintain physical fitness and health, but also choosing the sport to theirs main activity as their profession. And that'a1Їs why the question of legal protection of sportsmen arises. For example the Federal law of December 4, 2007 No. 329 "On physical culture and sport in the Russian Federati on", which states that athletes have the right to conclude contracts, in the manner prescribed by labor legislation. The changes in the Labor Code of Russian Federation should also be noted. They include chapter about labor regulation of sportsmen and coa ches. There is no doubt that the 2007-2008 biennium laws significantly increased the role of labor law in the relations with the participation of athletes in Russia. And it is possible to say that labor law should regulate relations in the sphere of profes sional sports. This view has always been debatable. In the domestic sports law authors allow the possible regulation of relations in the field of professional sports not only by contractual means but also by some isolated and mixed conventional regulation. For example, some authors indicate that the legal practice in the area of professional sports may be executed by mixed instruments that combine the civil law and labor law. Usage of these contracts must be consolidated by the Federal law "On professional sport in the Russian Federation". It is rightly pointed out in the legal literature that the right of sportsmen at the conclusion of labor contracts is not a peremptory norm. According to art. 55 of the Constitution of the Russian Federation,
1.The enumeration in the Constitution of the Russian Federation of the fundamental rights and freedoms shall not be construed as negating or diminishing other universally accepted human and civil rights and freedoms.
In the Russian Federation laws shall be enacted that a brogate or derogate from human rights and freedoms of man and citizen.
Human and civil rights and freedoms may be restricted by federal law only to the extent necessary in order to protect the foundations of the constitutional order, public morals, health, rights and lawful interests of other persons, to ensure the country's defense and security of the State.
Therefore, these constitutional provisions are proof that any citizen is free to choose the treaty governing its activities. Article 421 of the Civil Code of the Russian Federation gives freedom to contract for citizens and legal entities. This already gives a good reason to say that the imposition of the labor contract in the Law of 4 December 2007 No. 329 "On physical culture and sport in the Russ ian Federation» is unjustified. Consequently, the choice of contract remains with the sportsman.
The value of civil law contracts in the field of professional sports is undeniable: firstly, the advantage of civil contract is that it saves to the parties the freedom to choose form and content and is largely flexible and convenient in application of a legal relationship. Indeed, the Civil Code of the Russian Federation regulates trades and representatives liability law; certain types of obligations, etc. Und oubtedly, the most interesting in this area is mediation agreement, which, as we know, is always civil. Civil Code of the Russian Federation considered here: contractual orders, commission and agency contract. The latter is most common in these respects. It is noted that the agency contract more than any contract reflects the essence of mediation services that include implementation of legal and actual actions. Therefore the agency greement allows you to fully execute a mediation, speaking of its organiza tional and legal means. This is one of the evidence of the flexibility and ease of use of civil contracts in general.
Secondly, the fact that the sports contract is individual. And at the conclusion of such a treaty is very important to know details and full regulation of the rights and obligations of the parties entering into it. A striking example of this is the rules of the KHL, which details the rights and obligations of the parties entering into the contract, which are not limited to labor law. Along with them Regulations refer to other legal acts, local normative acts of certain hockey clubs, local acts regulating relations in the League, and so on. In the legal Regulations the rights and obligations of hockey player are detailed; but the coaching st aff and club management have no economic leverage on the hockey player when he lows down his indicators: the player regularly getting the amount of money specified in the contract. Achieving the goal of a personification of rights and duties in the contra ct with a sportsman is it's key feature and makes its specific compared to the employment contract.
Thirdly, sportsmen have the right to exercise other rights in accordance with the legislation of the Russian Federation. This norm suggests that the regulation of relations in this sphere is possible with both labor and civil legislation, despite the lack of explicit mention in the text of the civil contracts. The regulation of professional relations in the field of sports and labor and civil branches of law causes many disputes, because often there is a conflict between them. And this is yet another confirmation of the fact that this relationship is inherently quite unique and requires independent legal settlement. In this regard, it seems possible to propos e a system of contractual relations arising in the field of professional sports:
-firstly, contracts that formalize professional sport activities;
-secondly, contracts that serve professional sports activities.
In the first group of treaties there are civil, labor and mixed contracts. The second group are contracts that serve professional sports activities. This systematization may become a tool for regulating relations in the field of professional sports, because the labor law is sometimes not able to t ake into account all peculiarities of such relations. Thus, the analysis of legislation and legal literature in the field of regulation of relations in professional sports, as well as the integral role of civil-legal regulation in the field of sport expose s the problem and the need for it's research.
Sports transfer or a transfer of professional sportsmen — is a transition of professional sportsmen from one sport organization to another (or from one of professional sports club to another).
HistorySince the early 1990s, the amount of transfers of the sportsmen in the world market the sports industry had grown exponentially. If at the beginning of the XX century the compensation for the transfer of sportsman from one club to another amounted to only a few hundred U.S. dollars, now it is estimated at millions of dollars. Especially this has been touched by the European and South American football clubs. The record in the global football transfer market was achieved in 2002 when famous French footballer Zin edine Zidane was transfered to the Spanish "Real Madrid" for 64.4 million dollars by the Italian "Juventus". In 2000 Luis Figo during the transfer from the "Barcelona" in the "Real" was paid 56.1 million dollars; in the same year Hernan Crespo was paid the 54.1 million dollar for the transfer from the "Parma" in the "Lazio".
According to the decision of the European Court on December 15, 1995 a professional player, whose contract with former club is over, may transfer to a club of another country, and yet he is not obliged to pay compensation to his former club. The court also ruled that clubs of countries outside the European Community (EC), have no right to put any restrictions on transfer or the players of EU citizens on the grounds that such restrictio ns are equated to the restrictions on trade and are prohibited by the Treaty of Rome (1957). The court's decision concerns only the EU member states. However, one must bear in mind that Europe is the financial core of football, and this sport is not only E uropean, but global.
On September 1, 2001 FIFA's new regulations on the Status and Transfer of Players came into force. It adopted a new system of FIFA transfers. According to the rules, term of the contracts with players ranges from one to five years. But if national law allows, it may be different. FIFA Regulations clearly define that a player in a single national federation may be claimed for 12 months sports season only for one team. For example, if a player came to the team in the winter transfer p eriod, he can’t be claimed for another club in the summer.
Football transfers in Russia
In Russia the relationships between professional players and professional football clubs are governed by labor, civil and other legislation of the Russian Federation, as well as relevant documents of FIFA and UEFA, and the Regulations of the Russian Football Union (RFU) on the status and transfer of players.Federal law "On Physical Culture and Sports in the Russian Federation", establishing the provisions of the transfer of sportsmen between sports organizations, does not regulate the legal formalization of the relationship between sports clubs. There is no indication in the Law that the mutual agreement of sports clubs to transfer the sportsman must be formalized by compensatory civil contract. Nevertheless, when the sportsman leaves the club at the time his employment contract is in force, the new employer is meant to pay a certain amount of money (transfer payments, the cost of the athlete's licenses, training, comp ensation for the player, etc.) if the agreement to transfer is made.
Sports federations and clubs enjoy the freedom to contract and regulate the relationships concerning the transfer of sportsmen with their internal regulations and treaties. These contracts commonly include two basic conditions - the period of transfer and the amount of compensation payments. For example, the Rules of Water Polo Federation of Russia require the the clubs to conclude a contract on the terms of the transfer of a profession al sportsman.
The concept of "transfer" mentioned in the Federal Law "On Physical Culture and Sports in the Russian Federation" has no legal definition, so sports federations have to fill the gap in legal regulation by their internal regulations. For example, in accordance with the Regulations of the RFU transfer of a football player is "the actual transition of players from club to club (sports school - club, a sports school - sports school, etc.) associated with the registration of a football player as a competitor, that is, culminating in the admission to participation in football competition". In accordance with Regulations of RFB "transfer" means the "public relations regulated by current legislation of the Russian Federation, as well as local acts of the RFB and FIBA, whose parties are the player and the club, the content of which is the termination of the relationship between the player and the club and the emergence of labor relations between the same player and the other club".
Thus, the employment relationship between the player and his employers (current and potential) are the basis of the transfer. Accordingly, if during the term of the employment contract player all three parties have agreed to make a transfer, it seems to be correct to regulate this contract under the provisions of labor law.
Basing on the interpretation of the regulations of the Labor Code of Russian Federation, transfer to another employer for the work is carried out by the agreement between the relevant organizations. Moreover, the employment contract may enter in force either from the first working day following the day of discharge from previous employment or in any other period by agreement of the parties. Accordingly, the conclusion of a tripartite agreement on the trans fer in which the parties agree on terms of layoffs and hiring is possible. In this case such an agreement can take into account the interests of all three parties, as required by the Law "On physical culture and sports in Russia," while a transfer is a bilateral contract.
Based on the above, the current labor contract relationship between the football clubs may be resolved only within the labor law. If in accordance with the Regulations of RFU a club is entitled to pay compensation for the preparation of players, clubs must enter into an agreement to pay the appropriate compensation.
In conclusion I’d like to say that sports law became an essential part of every law system. It is known that there is no parallel development between law and social live that is why sports relations are not regulated as good as it is expected. But nowadays sports law develops fluently moreover in such countries as The USA, Great Britain, France and o thers this law is codified. In my opinion modern society should develop its sport legislation because sportsmen are workers too and theirs labor should be regulated properly.