Suchergebnisse

There is an imbalance in the normative regulation of the duties of the organizers of sports competitions in Russia. In particular, according to the current legislation, the organizer himself decides whether a medical officer is needed during the competition or whether a medical team is needed. There are several methodological approaches that help to make this decision, but discrepancies in the application of these often mean the absence of a full-fledged team of medical workers at the venue. In neither the current legislation, nor subordinate normative legal acts is there any clearly defined list of duties of organizers of sports competitions. In practice, this complicates the work of organizers and creates uncertainty as to limits of their legal responsibility, including an assessment of their actions in case of harm to life, health or property in the course of carrying out competitions and actions. The requirement for obtaining medical personnel is mandatory for all participants of popular races and marathons. In Russia, more than fifty such events took place in September 2019, and all participants were supposed to provide a medical report upon admission confirming good health. Many participants did not realize this. The organization of medical examinations for such reports is objectively difficult due to the large number of participants (sometimes several tens of thousands). Specialized medical institutions cannot cope with the volume of requests, and non-specialized ones do not have the necessary specialists and medical equipment. The issue of the organizational control over the state of health of foreigners has not been resolved, the requirements for admission to certain sports in which the state of a potential participant is not threatened by increased physical activity (for example, chess) have not been differentiated. This article presents the results of discussion on the mentioned and some other problems.

There is an imbalance in the normative regulation of the duties of the organizers of sports competitions in Russia. In particular, according to the current legislation, the organizer himself decides whether a medical officer is needed during the competition or whether a medical team is needed. There are several methodological approaches that help to make this decision, but discrepancies in the application of these often mean the absence of a full-fledged team of medical workers at the venue. In neither the current legislation, nor subordinate normative legal acts is there any clearly defined list of duties of organizers of sports competitions. In practice, this complicates the work of organizers and creates uncertainty as to limits of their legal responsibility, including an assessment of their actions in case of harm to life, health or property in the course of carrying out competitions and actions. The requirement for obtaining medical personnel is mandatory for all participants of popular races and marathons. In Russia, more than fifty such events took place in September 2019, and all participants were supposed to provide a medical report upon admission confirming good health. Many participants did not realize this. The organization of medical examinations for such reports is objectively difficult due to the large number of participants (sometimes several tens of thousands). Specialized medical institutions cannot cope with the volume of requests, and non-specialized ones do not have the necessary specialists and medical equipment. The issue of the organizational control over the state of health of foreigners has not been resolved, the requirements for admission to certain sports in which the state of a potential participant is not threatened by increased physical activity (for example, chess) have not been differentiated. This article presents the results of discussion on the mentioned and some other problems.

The clubs legal responsibility for the behavior of supporters is used by UEFA to in-fluence the content of sports competitions, ideally abstracted from demonstrating by spectators any non-football ideas. Nevertheless, the regulation of the national associa-tions-members of UEFA also assumes the responsibility of the clubs and, sometimes, the supporters themselves for the unacceptable behavior of the latter. The experience of regulation this issue by the Austrian Football Association demonstrates mentioned approach. Therefore, it is interesting to make a comparison: how much the regulated responsibility of supporters affects to the regulation by the association a strict liability of clubs for the behavior of fans. Using the practice of CAS, we may see a presumptive approach on the basis of an assessment of the situation by "a reasonable and objective observer" for the objective resolution of a dispute.

he right of football clubs to establish local bans (the so-called "blacklists") depends on a number of reasons. A local ban on visiting football matches can act as a measure to combat the unlawful behaviour of viewers, thus complementing the administrative responsibility of the spectators. In Russian law it is not possible to impose a ban on the sale of tickets to football matches by football clubs. The current wording of the rules of spectators' behaviour during official sporting events does not, by default, allow supporter identity checks when entering the stadium. That also complicates the identification of spectators for being on the "blacklist". The practice of civil suits brought by football clubs against supporters, as one of the few legal tools to influence supporters, is currently not widespread. As a result, there are no uniform approaches to resolve these disputes: the courts motivate refusals by various arguments, the validity of which can be reasonably criticised.