LEGAL RESPONSIBILITY IN THE FIELD OF SPORT: SOME PROBLEMATIC ASPECTS

Abstract

The issue of legal responsibility in sports is debatable and ambiguous. On the one hand, there is no prohibition on the application of current rules of civil, administrative or criminal law in the field of sport. On the other hand, sport is an autonomous sphere of human activity, and sports bodies claim to regulate all relations in the field of sport, including tort. At the same time, it should be clearly understood that offenses in the field of sports are divided into those committed in connection with sports activities and those that are not closely related to sports activities. Accordingly, both the qualification of such acts and the bodies authorized to prosecute for such offenses will differ significantly. For example, the infliction of harm by one athlete to another during a game differs significantly from the infliction of the same harm by one fan to another while observing the game. If in the first case the case will be considered by the disciplinary bodies of the respective federation, in the second – by law enforcement agencies on general grounds. In this case, in the first case, the act itself will be qualified as a violation of the rules of the game, and in the second – an ordinary administrative / criminal offense. In view of this, clear rules for distinguishing between legal liability and quasi-legal liability for sports offenses are of particular importance. Equally important are the issues of distribution of competence of state judicial and law enforcement bodies and authorized bodies in the field of sports on the application of measures of responsibility to violators. Thus, the purpose of the article is to clearly delineate the types of offenses in the field of sports and to clarify the specifics of the application of liability for such offenses. The conclusions reached by the author of this article can be used for law enforcement and lawmaking.