International standards of administrative and legal regulation of relations in the field of physical culture and sports

Abstract

The study is devoted to the analysis of international standards of administrative and legal regulation of relations in the field of physical culture and sports. The purpose of the article is to determine the essence, types and characteristics of international standards of administrative and legal regulation of relations in the field of physical culture and sports, as well as to clarify the peculiarities of their influence on the formation of national mechanisms of legal regulation and the problems of their implementation. Research methods. During the research, general scientific and special legal methods of cognition were applied, in particular systemic-structural, formal-legal, comparative-legal and the method of legal analysis. Conclusions. The article reveals the peculiarities of the international regulatory influence on sports legal relations in the conditions of the growing role of international sports organizations and the expansion of cross-border interaction of sports subjects. The place of international standards in the system of administrative and legal regulation is defined and their significance is characterized for ensuring the unity of approaches to the organization of sports activities, protecting the rights of participants in sports relations, ensuring the integrity of competitions and countering negative phenomena in the sports environment. The characterization of international sources of regulation of sports relations was carried out and the peculiarities of their influence on national legal systems were established. The classification of international standards was carried out according to the criteria of legal nature, subject of adoption, subject of regulation and territorial scope.Particular attention is paid to the distinction between mandatory and recommendatory international standards, as well as to the clarification of the specifics of their practical impact on the activities of state bodies and sports institutions. The role of international sports arbitration in the formation of an autonomous mechanism for resolving sports disputes is considered separately. The peculiarities of the functioning of the relevant jurisdictional system, its importance for ensuring the unity of law enforcement practice in the field of sports and the influence on the development of the international sports legal order are determined. The issue of the relationship between supranational mechanisms for resolving sports disputes and the competence of national state authorities and judicial institutions is characterized. Characteristic features of international standards of administrative and legal regulation of relations in the field of physical culture and sports are identified, including the supranational nature, the plurality of subjects of norm-making, the combination of mandatory and recommendatory elements, systematicity and implementation orientation. Separate problems of the introduction of international standards into the national legal system, related to the need to harmonize the requirements of international sports regulation with guarantees of human rights, have been studied. The importance of ensuring a balance between the interests of maintaining the integrity of sports competitions and the appropriate level of protection of the rights of participants in sports legal relations is substantiated.