ARCHIVE FOR 2020 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Август 2020
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Topic of the issue
I.A. Vasilyev, N.A. Sheveleva, E.G. Vetrova Removing a Club from Competition as UEFA Administrative Measure for Math-Fixing: Legal Nature and Peculiarities of Application Sports federations and organisations apply disciplinary sanctions to their direct and indirect
members to maintain the effectiveness of the norms of acts and regulations. A sanction is
a normatively defined negative form of response to a violation. Nevertheless, the tools of
influence are not limited to disciplinary responsibility and may provide for the use of other
measures applicable to sports entities that have violated the norms of acts and regulations.
Sports federations and organisations can associate such measures with the management and
organisation of competitions, thereby giving them the name “administrative”. At the same
time, the system of coexistence of administrative measures and disciplinary sanctions
seems logical and adequate to sports offenses only at first glance. The legal consolidation
of an administrative measure demonstrates the factual identity of the grounds and purposes
of application with disciplinary sanctions. As follows from the law enforcement practice
that we examined in this study, such measures claim to be immune from compliance with
the inherent legal guarantees provided for sports entities, since they are not sanctions.
Consequently, the general theoretical principles of law are not applied to measures:
inadmissibility of double prosecution for one violation; proportionality of sanction to
the offense, and others. UEFA has been using an administrative measure for a long time
to remove the club from participating in the competition for manipulating the result, which
allows us to talk about the established practice of the disciplinary jurisdictional bodies of
the Union, as well as the Court of Arbitration for Sport (CAS). We will consider this measure
through the prism of law enforcement decisions of the aforementioned dispute resolution
bodies and pay attention to the dualism of positions on its nature and inconsistency of
positions on the peculiarities of its application. The authors believe that it is necessary to
recognise this measure as being a disciplinary one and, as a result, stop using it in parallel
with disciplinary sanction in the regulation of UEFA.
Keywords:
UEFA regulations, math-fixing, UEFA practice, Court of Arbitration for Sport (CAS) practice, administrative measures, disciplinary sanctions
Buy a PDF
I.V. Ponkin, A.I. Redkina Good Governance in the Regulatory Space of Sport: The Role of Lex Sportiva and of the International Court of Arbitration for Sport The article is devoted to the study of the issues of good governance in
the field of sports. This article outlines approaches to explaining good
governance. The authors examine the role and significance of extralegal
normative regulation in the field of sports (lex sportiva) and of
the International Court of Arbitration for Sport to ensure and maintain
good governance in sports. The article examines in detail the concept
of lex sportiva and the importance of the Court of Arbitration for Sport
(CAS) for the formation and development of lex sportiva. The authors
present the concept of the key meta-functions of CAS to ensure
the proper order in the field of sports.
Keywords:
sports law, lex sportiva, sports, good governance
Buy a PDF
S.A. Yurlov Key Issues of Defending Athlete’s Rights Recently, cases of violating rights and interests of athletes have
become more frequent, which leads to disputes mainly between sports
organisations and athletes. Despite the existence of various dispute
resolution mechanisms, athletes’ rights often remain unprotected.
What is the reason of it? This state of affairs arises because there are
no limits to the autonomy of sports organisations, some of them do not
comply with generally recognised principles and rules of law, state and
supranational justice is not available, and an athlete is not considered
as an independent subject of sports law.
Keywords:
defense, right, athlete, arbitration, autonomy, dispute resolution body, sporting organisation
Buy a PDF
L.I. Zakharova International Standards of Human Rights as a Restriction on the Principle of Sports Autonomy The principle of sports autonomy, which defines the relations between the sports
world and States, is enshrined in the documents of the Council of Europe,
the European Union and the European Olympic committees, and for a long time
it did not imply clear obligations of sports organisations in the field of human
rights. International legal obligations do not apply to sports organisations since
they are not subjects of public international law, and they did not assume such
obligations voluntarily. The situation began to change gradually when the United
Nations Human Rights Council (UNHRC) began addressing this issue in its
resolutions starting from 2010. The International Olympic Committee (IOC), which
heads the Olympic movement and has a permanent observer status in the United
Nations, takes an active part in discussions initiated by the UNHRC. A number
of provisions closely related to human rights (the preservation of human dignity,
the right to participate in sports, the prohibition of discrimination) are reflected
in the Olympic Charter, although the IOC has not yet developed a separate
specific document in the field of human rights. In 2017, the International Football
Federation was the first among the international Olympic sports federations to
develop a normative act in this area — FIFA’s Human Rights Policy, in which it
identified the main human rights risks: labour rights of persons employed by FIFA
business partners; land acquisition and housing rights; discrimination; ensuring
the safety and security of spectators and other persons; players’ rights. The FIFA
Human Rights Advisory Board was established to provide regular reports on
the state of human rights, identifying the most pressing issues and making
recommendations for their resolution. FIFA is demonstrating its readiness to take
further steps to clearly establish the human rights obligations of its main bodies,
national football associations and confederations.
Keywords:
human rights, sports autonomy, sports organisations, UN Human Rights Council, IOC, FIFA
Buy a PDF
A.I. Tereschenko The Specific Aspects of the Legal Regulation of Major International Sports Events Held in Russia Russia has a rich modern history of holding major international sports
tournaments. As part of the preparation for such events, considerable
volumes of specific regulations have been adopted to deal with
organising and holding competitions of international standing.
Russia, which had almost no experience in staging competitions on
such a level, had to develop from scratch a specific regulatory base,
tapping into international practices and taking account of the demands
of international governing bodies. In this article, the author, who
has been directly engaged in drafting many regulations governing
the organisation and holding of major sports competitions, considers
the particular aspects of how such specific legal regulation is
constructed, and the correlation between general and specific rules of
sports-related legislation.
Keywords:
regulation, regulatory base, the law, benefits
Buy a PDF
O.P. Pleshanova August: Time to Count Money Officials’ income — Russian-British peer — Tycoons as “agents of influence” — Extrajudicial bankruptcy of individuals and the plan of a far-reaching reform — Tax increase and privileges for the “Russian offshores” — Top-level judges — RUSADA and Russian Olympic Committee — Sport disputes — Explosion in Beirut — FSB’ investigations — The cases of attorneys — The case of Furgal — Elections in Belarus — PMC Wagner — Coronavirus vaccine — Cryptocurrencies — Navalny’ incident
Buy a PDF
Press Release
Theory and practice
A.I. Savelyev (Anti)Social Monitoring: Law and (or) Expediency? The paper is focused on analysis of compliance with personal
data legislation of electronic permits and mobile application “Social
monitoring” implemented in Moscow among the other anti-COVID
measures. Based on analysis of publicly available documents governing
their application and statements made by government officials, it is
concluded that these systems are not compliant with the requirements
of personal data legislation. The paper also contains author’s view on
how to ensure such compliance in the future, and that it will require
amendments in the federal legislation.
Keywords:
social monitoring, electronic permits, consent of the data subject, algorithmic governance
Buy a PDF
E.D. Suvorov The Place of Digital Technology in the Performance of Obligations The article is devoted to the peculiarities of fulfillment of obligations,
where digital technologies are present in one way or another. The author
concludes that digital technology, in relation to the performance of
the obligation, can either be a means of performance (smart contracts,
transfer of goods through digital means of communication, etc.),
or create an object of law, which is the subject of performance
(cryptocurrencies), or ensure accounting of rights transferred in
the course of performance (tokens, digital communication with
the registers). The article proposes principles for resolving legal
problems in the field of performance of obligations using digital
technologies, as well as some considerations regarding legal regulation
of performance of obligations under smart contracts.
Keywords:
smart contract, token, digital rights, performance, digital means of communication, time of performance
Buy a PDF
R.R. Valiev Non-Contractual Manifestations of Objectivity of Chances and Risks From Conditional Suspensive Obligations This article is a development of the author’s concept, according to which
the property status of the parties to a conditional suspensive obligation
should be considered not only in the light of possible future rights and
duties, but also through prism of existing chances/risks, which have
autonomous (i.e. independent of the occurrence or non-occurrence
of the condition, detached from possible future rights and duties)
property value and are fundamentally objective. It analyses situations
in which such chances and risks de lege ferenda may or de lege lata
already manifest their non-contractual objectivity. From the point of
view of objectivity of chances and risks, it considers, in particular,
issues related to unfair obstruction of occurrence of a suspensive
condition, bankruptcy and liquidation of the parties to a conditional
suspensive obligation, universal succession in such obligation, conflict
of interests of the previous conditional and subsequent unconditional
chargeholders in case the foreclosure under an unconditional claim
precedes the occurrence of a suspensive condition. The conclusion is
grounded that the policy and practice of handling chances and risks
from conditional suspensive obligations should be aimed at expanding
the scope of non-contractual manifestations of objectivity of such
chances and risks.
Keywords:
conditional obligation, conditional claim, conditional debt, chance, risk
Buy a PDF
M.I. Nemova Cryptocurrency as an Object of Property Crimes The article focuses on four points — criminal law protectiveness of
cryptocurrency, the lack of statutory regulation for cryptocurrency, nonsubstantial
goods as an object of property crimes and cryptocurrency
valuation methods. The author concludes that criminal law should
protect any assets if they are widespread, significant and positive.
The absence of statutory regulation should not influence criminal law
protection of property relations. It’s necessary to exclude tangeability
as an attribute of criminality and reform the current system of criminal
liability to protect cryptocurrency and other intangibles. In the case of
lack of information about cryptocurrency value, an expert assessment
of its value at the moment of charge-off may be taken into account.
Keywords:
cryptocurrency, alternative settlement means, object of embezzlement
Buy a PDF
N.V. Bushtets Involvement of Citizens in Participation in Jury Trials (Based on Social and Legal Research Data) This article presents the results of a comprehensive social and legal
study on citizens’ involvement in court activities as jurors. It identifies
and analyses the reasons why citizens avoid appearing in court if
they receive summons as candidates for jurors. In the end, proposals
were formulated as to how to involve citizens in the administration of
justice. The optimal forms of interaction between courts’ offices and
juror candidates are proposed.
Keywords:
social and legal research, organisation of court activity, jury trial, involvement of citizens to participate in justice
Buy a PDF
Foreign experience
S.D. Pimenova Interim Measures Applied by the Court of Justice of The European Union in the Commission v. Poland Cases The Court of Justice of the European Union, along with other international
courts, has a power to apply interim measures to preserve
the rights of the parties to the dispute and to prevent serious and
irreparable harm, which may otherwise lead to ineffectiveness of
the Court’s final decision. Also, the application of interim measures may
not predetermine the Court’s final decision. The CJEU itself considers
that such measures should be applied in exceptional cases, especially
in the claims of the European Commission against EU Member States.
To this end, CJEU has set an extremely high threshold for the applicant
to prove the existence of three conditions which are necessary to
decide whether interim measures should be applied in a particular case:
(a) consideration of the main claim should have “reasonable chances
of success”, (b) there must be urgency and (c) the risk of serious and
irreparable harm. The interests of other persons (parties to the dispute,
third parties or EU Member States) must be taken into account. Those
features of CJEU interim measures, which make it similar to national
courts and separate from other international courts, include (a) the right
to require security from a party asking the Court for interim measures,
and (b) inability to apply interim measures proprio motu. In the resent
cases involving Poland for the first time in international justice the CJEU
has formulated the grounds for financial liability in the form of penalties
for each day of failure to comply with the interim measures prescribed
by the Court.
Keywords:
provisional measures, interim measures, Court of Justice of the European Union, European Commission, Poland
Buy a PDF
