Open AccessSpecifics of Scientific Research in the Conditions of "Gray Zones" in Sports Competitions Regulations ("Formula 1" Case)
Author(s) -
А. М. Камалян
Publication year - 2020
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2020.165.8.096-105
Subject(s) - principle of legality , gray (unit) , appeal , competitor analysis , law , competition (biology) , law and economics , political science , engineering , operations research , business , sociology , marketing , medicine , radiology , ecology , biology
This paper is a follow up of the paper "Peculiarities of Scientific Research in High-Performance Sports as in the Case of "Formula 1". The author examines the influence of the regulations, which are not formulated in the most obvious way, on scientific research in professional sports as in the case of Formula 1. It is emphasized that the "gray zones" represent a certain gap in legal regulation, which should be negatively assessed by the participants of the competition. At the same time, since Technical Regulations restrict the freedom of scientific research, such provisions allow engineers and designers to fully demonstrate their abilities, creativity and non-standard thinking. Some of the most striking examples in the history of the "Queen of Motorsport", when a particular team used a loophole in the legal regulation, are given. The circumstances of the emergence of innovative solutions, the reaction of competitors and the International Motorsport Federation (FIA) are presented. The author analyzes the decisions of the FIA court of Appeal in cases where a dispute about the interpretation of the rules and the legality of the use of a particular design reached the court. Special attention is given to ambiguous research results that have appeared in recent years, including the Renault team brake bias system, Ferrari fuel system and power unit investigation and the Mercedes Dual-Axis Steering (DAS) system. It is emphasized that the elimination of gaps in legal regulation is carried out not only by adding or changing Technical Regulations, but also by issuing technical directives that are not subject to official publication. The author carries out a comparative analysis of the legal properties of Technical Regulations and technical directives with acts of secondary law of the European Union with similar titles (regulation and Directive) is carried out.