THE PLACE OF SPORTS PRIVATE LAW IN THE LAW SYSTEM

Abstract

The article is devoted to the study of the place of private sports law in the legal system. The authors of the article came to the conclusion that now there is no reason to claim the existence of sports law as a separate branch of law. However, it is quite appropriate to consider private sports law as a concept that serves as a basis for the regulation of civil relations within the field of sport. In particular, the authors of the article include the following in the areas of regulation of private sports law (sports law in the narrow sense): 1) general provisions of civil law relating to sports relations: principles of legal regulation; application of analogy of law and law; determining the grounds for the emergence of civil rights and obligations in the field of sports relations; ensuring self-defense and protection of subjective rights; determination of the legal regime of objects of civil rights, in particular, land plots, intellectual property rights, information as such object; transactions in the field of sports activities; representation; protection of personal non-property rights of an individual; 2) provisions of the civil legislation concerning the subject structure of sports relations: on creation and termination of legal entities in the field of sports; norms that mediate internal corporate relations; protection of corporate rights; 3) provisions of civil legislation relating to intellectual property rights: definition of objects of intellectual property rights in the field of sports; protection of intellectual property rights, rules on license agreements; 4) general provisions of civil law relating to contracts and provisions relating to certain types of contracts in the field of sport; 5) provisions of civil law relating to non-contractual relations in the field of sports: the announcement of rewards, competitions; activities in the field of sports in the interests of another person without authority; compensation for damage caused in the field of sports; return of unjustifiably obtained (saved) property in this area; 6) provisions of civil law relating to the inheritance of sports property: inheritance of intellectual property in this area, copyright in them, etc.; division of inherited rights to sports awards between heirs; transfer of such rights under the inheritance agreement. Since not only "sports law" can have a similar structure, but also other similar concepts (business law, corporate law, etc.), the authors of the article propose the separation of "sports law in a" special sense ". At the same time, only those norms that relate purely to the sphere of sports should be included in the relevant normative array: relations that arise when concluding contracts, creating and using sports equipment, and so on.