Problems of Determining The Jurisdiction of Disputes Arising in the Sphere Of Professional Sports: Overview of the Legal Positions of the Supreme Court

Abstract

The Relevance of this Topic is determined to the need to expand doctrinal approaches to solving the problem of protecting the rights of the subjects of sports relations and the mechanisms for consideration and resolution of sports disputes. The Purpose of the article is to study the specifics of the legal regulation of relations in the field of professional sports and to reveal the rules for delimiting the jurisdiction of sports disputes, through the prism of the analysis of the practice of the Supreme Court and its legal opinions. Achieving the outlined goal became possible thanks to a complex approach to the use of Methods of Scientific Knowledge, in particular, the formal-legal method (to establish the content of legal norms regulating relations in the field of professional sports), the formal-logical method (to identify deficiencies in the legal regulation of mechanisms for the protection of rights participants in sports legal relations and finding ways to eliminate them), analysis and synthesis (to determine trends in the law enforcement practice of delimiting the jurisdiction of disputes arising in the field of professional sports). Research Results and Conclusions. Taking into account the specifics of the existing legal regulation of relations in the field of professional sports, it was concluded that the determination of the appropriate jurisdiction of a particular sports dispute largely depends on the provisions of the statutory documents of the relevant sports organizations whose members are the subjects of such a dispute, in particular, whether such disputes are provided for documents on the creation of special bodies of sports justice. From the analysis of the legal positions of the Supreme Court, it can be seen that most of the disputes that arise in the field of professional sports, as a general rule, are under the jurisdiction of specialized bodies of sports justice, usually arbitrations, and cannot be accepted for consideration by national judicial bodies. Without denying in general the attractiveness of the arbitration mechanism for the resolution of sports disputes and the expediency of the existence of non-state specialized bodies of sports justice, the authors draw attention to a number of systemic problems that need to be solved in national legislation and local normative acts of sports organizations, in order to increase the effectiveness of the functioning of the mechanism for the protection of the rights of professional athletes.