Legal Aspects of work Regulation of Professional Athletes in Ukraine

Abstract

Topicality of the scientific study is grounded by existing faults in regulation of professional sport, in particular, in regulation of work of professional athletes. We should mention that in the Law of Ukraine «About physical culture and sport» there is only one article devoted to such course of activity in sport as professional sport. The objective of this article is generalization of scientific studies and formation of proposals concerning improvement of legal regulation of work of athletes-professionals. It is conducted the generalization of results of scientific researches of native and foreign scientists which are dedicated to regulation of work of professional athletes. It is established that for today there is no unity of thoughts of scientists on the questions of regulation of work of athletes-professionals, in particular, if activity of athletes-professionals in professional sport should be regulated under the ground of norms of civil law or on the ground of labor law. It is indicated that due to regulations of the effective legislation an athlete obtains the status of professional athlete from the moment of concluding an employment agreement (contract) with the corresponding subjects of the sphere of physical culture and sport about participation in competitions among athletes-professionals. So, obtaining by an athlete of the status of a professional is connected with the moment of contract signing with the corresponding subjects of the sphere of physical culture and sport. It is indicated that the content of a labor agreement (contract) includes conditions which determined rights and obligations of its parties. It was analyzed the main rights and obligations of parties of the labor agreement (contract), a professional athlete – from one side and an employer (subject of the sphere of physical culture and sport) – from the other side. According to the results of the scientific research it was formed the proposals concerning improvement of legal regulation of work of professional athletes. To our mind, it is possible under the grounds of systematization of norms that regulate work of professional athletes, in particular, by means of fixing of such norms in the new Labor Code.