CRITERIA FOR A FAIR TRIAL IN THE FIELD OF SPORTS

Abstract

The article is aimed at studying the criteria for a fair trial in the field of sports, taking into account the provisions of the European Convention on Human Rights and Fundamental Freedoms, as well as the specifics of sports arbitration. The article analyses the main criteria of a fair trial, such as independence and impartiality of the court, publicity of the process, the right of access to justice, observance of the principle of equality of parties and reasonable time limits for consideration of the case. The author examines how these criteria are implemented in sports disputes, in particular in the context of the Court of Arbitration for Sport (CAS), and points out their specificity in comparison with traditional litigation. Particular attention is paid to the problems of ensuring transparency of the judicial process in sports arbitration, accessibility for athletes with different financial capabilities and challenges related to ensuring equality of the parties in dispute resolution. The author analyses the contractual forms of dispute resolution used in the sports sector and their compliance with the European standards of a fair trial. The author examines the legal nature and jurisdiction of CAS, its role in resolving disputes at the international level. Examples of case law application in sports dispute resolution and their impact on the formation of fairness criteria in this area are provided. The author emphasises the importance of maintaining a balance between the autonomy of sports organisations and legal guarantees for sports participants, and the need to harmonise national legislation with international standards. The author concludes that there is a need to improve the mechanisms for resolving sports disputes based on clear criteria of fair trial which take into account the specifics of the sports sphere and ensure that the rights of all participants are respected.