Open AccessMechanism of realization of the rights of professional athletes in Ukraine: constitutional and legal analysis
Author(s) -
O.O. Turyanytsia
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.64.13
Subject(s) - legislator , constitution , political science , duty , law , autonomy , obligation , democracy , legislation , state (computer science) , sociology , law and economics , politics , algorithm , computer science
The Constitution of Ukraine enshrines the duty of the state not only to take care of the development of physical culture and sports (Article 49), but also to respect and protect the rights and freedoms of human and citizen (Part 2 of Article 3 of the Constitution of Ukraine). The protection of state powers is one of the most important indicators of a legal and democratic state [1].One of the most important steps on the way to solve this problem is the effective and efficient work of the legislator. Despite the huge amount of legal material, it is worth noting the existence of gaps and conflicts in the legislation, or even the absence of rules that would regulate public relations related to the peculiarities of the development of social activities in the field of sports.Instead, local regulations, rules or decisions of specialized non-governmental organizations leading an international sports movement are recognized as binding, in violation of existing national regulations. That is why a separate constitutional and legal study needs «autonomy of sport» as a fact that has developed and regulates professional sports in Ukraine.
The purpose of the article is a review and constitutional and legal analysis of the mechanism of realization of the rights of professional athletes speaking of the autonomous nature of activities in the field of sports.A number of facts confirming the existence of «autonomy» in the field of professional sports are considered, namely, alcohol advertising, the relevant powers of the Ministry of Youth and Sports of Ukraine and the limit on legionnaires. The jurisdiction of sports justice is analyzed.The inconsistency of local regulations with the provisions of the Constitution of Ukraine and other national legislations has been proved. The expediency of creating a separate specialized arbitration center - a permanent arbitration court in the field of sports - is substantiated. Emphasis on the need to allocate sports law in a separate branch of law and the adoption of a special Law of Ukraine «On Professional Sports», which will form common principles and a comprehensive approach to the regulation of relations in this area is placed.