Sports Law in Russia. Monograph 9785392215997

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THE MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION KUTAFIN MOSCOW STATE LAW UNIVERSITY

SPORTS LAW IN RUSSIA Monograph

edited by D. Rogachev, Ph.D. (Law); O. Shevchenko, Doctor of science (Law)

Москва 2016

УДК 796-051:34(075.8) ББК 75.4 S78

Электронные версии книг на сайте www.prospekt.org

Blazheev Victor, rector Kutafin Moscow State Law University Ph.D. (Law), Professor, Honored Lawyer of the Russian Federation  Introduction, ch. 2 § 2; Ovchinnikova Natalya, Ph.D. (Law) Department of Sports Law Senior lecturer Kutafin Moscow State Law University  ch. 2, § 16 (with Rogachev Denis), ch. 3 § 12 (with Rogachev Denis), ch. 3 § 5, 7 (with Rogachev Denis), § 8, ch. 4 § 1 (with Rogachev Denis); Peskov Anatoliy, Ph.D. (Law) lecturer Russian International Olympic University  ch. 5 § 12; Ponkin Igor, Doctor of science (Law), Professor Kutafin Moscow State Law University, State Professor  ch. 1, § 1, § 3 (with Ponkina Alena), ch. 4 § 2 (with Ponkina Alena); Ponkina Alena, Ph.D. (Law), lecturer Kutafin Moscow State Law University  ch. 1, § 2, § 3 (with Igor Ponkin), ch. 4 § 2 (with Igor Ponkin); Rogachev Denis, Ph.D. (Law) Department of Sports Law, the Head Kutafin Moscow State Law University Legal councilor of the FUR President Docent  ch. 2, § 16 (with Ovchinnikova Natalya), ch. 3 § 12 (with Ovchinnikova Natalya), ch. 3 § 5, 7 (with Ovchinnikova Natalya), ch. 4 § 1 (with Ovchinnikova Natalya); Shevchenko Olga, Doctor of science (Law), Professor Kutafin Moscow State Law University, General Secretary of the International Association of Sports Law (IASL)  ch. 1, § 4, ch. 3 § 3, 4, 6, 9, ch. 4, § 3, § 4 (with Solovyov Andrey); Solovyov Andrey, Doctor of science (Law) Department of Civil and Administrative Legal Procedure Professor Kutafin Moscow State Law University The Deputy Chairman of the Moscow Region Commercial Court  ch. 4 § 4 (with Shevchenko Olga).

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Sports Law in Russia : Monograph / ed. by D. Rogachev; O. Shevchenko.  Moscow : Prospekt, 2016.  224 p. ISBN 978-5-392-21599-7 This book covers the most relevant issues of sports law in Russia, describes the main legal and regulatory rules in the field of physical culture and sport. The monograph consists of 5 chapters and systematically renders the following issues: sport as an area of legal regulation, the peculiarities of the regulation of sport elements, the subject of sports, the regulation of the arrangement of sport events, and the offenses and the responsibility in the field of sport. Legislation updated on March 2016. The book will be interesting to lawyers, attorneys, heads of common Russian and regional sport federations, sport clubs, managers, athletes, coaches, sports physicians, as well as all those who are interested in the legal regulation of physical culture and sports in Russia.

УДК 796-051:34(075.8) ББК 75.4

Scientific publication SPORTS LAW IN RUSSIA Monograph Оригинал-макет подготовлен компанией ООО «Оригинал-макет» www.o-maket.ru; тел.: (495) 726-18-84 Санитарно-эпидемиологическое заключение № 77.99.60.953.Д.004173.04.09 от 17.04.2009 г. Подписано в печать 30.06.2016. Формат 60×90 1/16. Печать цифровая. Печ. л. 14,0. Тираж 200 экз. Заказ № ООО «Проспект» 111020, г. Москва, ул. Боровая, д. 7, стр. 4.

ISBN 978-5-392-21599-7

© Коллектив авторов, 2016 © ООО «Проспект», 2016

INTRODUCTION In the wake of significant sport events, such as the XXII Olympic Winter Games and the XI Paralympic Winter Games, the XXVII Summer Universiade 2013, the 14th IAAF World Championships in Athletics 2013, the 16th FINA World Championships 2015, the 2016 IIHF World Championship, and the 2018 FIFA World Cup, held and to be held in Russia, it is obvious that the complex problems of national importance, namely the arrangement of an efficient legal support in the field of sport, need a comprehensive solution. Arrangement of sport events is important within the present conditions when the role and status of the sport achievements have reached the international level. New sport achievements contribute not only to improved reputation of the state and the nation, but also to the growth of nation’s health and national consciousness, as well as the productive becoming and full harmonious development of a human joint in sports and physical culture. As a consequence, the legal regulation of physical culture and sport is now becoming particularly important, and needs to be further developed to meet the current realities of the modern Russian society. To that end, the University has established the Department of Sports Law which is functioning effectively and which united the leading Russian and foreign lawyers being experts in the field. In our view, sports law is a complex legal discipline and, at the same time, the direction of training of lawyers that combines various areas of law. Therefore, we are doubly pleased that Kutafin Moscow State Law University does deal with sports law issues through the leading experts in the field of theory of law and areas of law such as constitutional, labor, civil, administrative, criminal and civil procedural law, via direct or close co-operation with the University. In the process of supporting the effective development of sports in Russia, legal theorists have a special role. For them, the paramount importance is the solution to problems such as to recover the Russian sport from the crisis, to implement an effective combination of legal regulation and self-regulation in sports, to develop and to implement an effective dispute settlement system and to promote public-private partnership in the area in question, to ensure adequate funding for youth sports and to support adaptive sport, and to protect the rights of Russian athletes in international sports effectively.

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This publication provides post-graduation students with the opportunity to study the current legislation and regulatory rules of the sport federations, and to fill the gaps in their knowledge of theory. This handbook takes into account the main approaches to the teaching of the discipline “Sports Law” that has been successfully implemented in Kutafin Moscow State Law University. The publication is intended for students and postgraduates of legal and other educational institutions, and also would be useful for those who are interested in sports law, and in protection of their rights and interests provided for by law. Victor Blazheev, Rector Kutafin Moscow State Law University, Professor, Honored Lawyer of the Russian Federation

Chapter 1 SPORT AS AN AREA OF LEGAL REGULATION § 1. Legal definition of sport 1. The need for the exact legal definition of “sport” Researching the place and importance of sport in society, in the national politics and in international relations, and the importance and features of public administration in sports leads to the need to identify and interpret the meanings that make up the concept of “sport”. Especially since one cannot do without a precise and clear interpretation of this concept in sports law. A precise understanding of this concept is necessary to improve the public regulation in sport. The definition in question is also required to ensure the quality of the translation of foreign sports regulating acts into Russian, as such acts often use the words “sport” or even “athletics” or other similar words instead of “physical culture and sport” that are used in Russian laws. According to the french authors F. Buy, J.-M. Marmayou, D. Poracchia, and F. Rizzo in their book “Droit du Sport”, “definitions are the main instruments of lawyers as they find therein the sources for their classifications and the ways of understanding and interpretation of the actual situations, the qualifications thereof in terms of law. The term “sport” needs to be defined in order to give to this subject one of the most essential theoretical and practical grounds”1. These authors point out at the fact that the legal definition of sport has not merely theoretical interest, and one cannot take into account the specificity of sport without such a definition. 2. Definitions of “sport” in laws of Russia and foreign countries The Federal Law, dated December 4, 2007 No. 329-FZ “On Physical Culture and Sport in the Russian Federation” provides for a hardly suitable 1 Buy F., Marmayou J.-M., Poracchia D., Rizzo F. Droit du Sport: manuel. 2ème édition. Paris: Librairie Générale de Droit et de Jurisprudence, 2009. P. 1–2.

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definition of sport as it derives from the same concept of sport (sport is a set of sports): “Sport is a part of social and cultural activities considered as a number of sports established in the form of competitions and special preparation for these competitions.” (clause 12 Article 2). Significantly interesting is an overview of approaches to stipulation and the features of such stipulation of the said definition in foreign laws on sport, as well as the analysis of the interpretations therein. In some cases, instead of the essential features of sports, they provide for (in the definition in full or in the key part thereof) the definition of sport and its positive consequences or purposes (clause “I” of the introductory part in the Law of Andorra, November 30, 1998 “On Sport”; clause 2, Article 1, Law of the autonomous community La Rioja (Spain) “On Sport in the Autonomous Community La Rioja”, dated May 2, 1995; clause 10, Article 1, the Law of Latvia, November 13, 2002 “On Sport”; Article 1 of the Law of Montenegro, 2004, “On Sport”; Article 2 of the Law of the Mendoza Province (Argentina), January 2, 1997, No. 6457 “On Sport Leisure”; clause VI, Article 2, the Decree of State of Mexico (Mexico), September 10, 2002 — the Law “On Physical Culture and Sport in the State of Mexico”; clause ”d”, Article 2 of the Law of the Republic of Armenia, July 10, 2001, “About Physical Culture and Sport” (as amended); Article 2 of the Irish Sports Council Act May 18, 1999, etc.). Quite frequently, they specify the forms of sports and sport activity and the structure of sport instead of providing for the material features of sports (Article 2 of the Malta Sports act, 2002, No. XXVI; Article 2 of the Law of Serbia, 2005, “On Sports”; part 2 Article 2 of the Law of Jura (Switzerland), November 17, 2010 “On the Promotion of Physical Culture Activities and Sports”, etc.). Thus, the essential aspects that characterize the nature of sport and allow to separate the area and specifics of sport from other areas of social relations remain beyond the said provisions. However, in other cases, the analysis of the definitions for “sport” set forth in the foreign legislation acts allows to highlight the following key elements of interpretation of the definition under consideration1: • institutionalized and regulated activity (activity regulated by pre-established rules as the provisions of the relevant laws on sport applied in Mexico States of Hidalgo, Tlaxcala, Sonora, Chihuahua, Guerrero, Quintana Roo, and Oaxaca); 1 The exact notes and translations of the selected referenced rules see in Ponkin I. Revisiting the Definition of ‘Sport’ // The Seventh International Scientific and Practical Conference “Globalization of Sport: Olympic Games and International Competitions”: materials of the conference/endorsed by D. Rogachev; compiled by O. Shevchenko. Moscow, 2013. P. 136–142; Ponkin I. Overview of the Definition of ‘Sport’ in Foreign Legislation // I Annual International Sports Law Forum (07–08.02.2013, Moscow, RUDN—Russian Peoples Friendship University): sourcebook. Moscow, 2013. P. 146–158.

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• physical activity and “exercises” (variants: physical and intellectual activity; physical training or motor activity; intense forms of exercises) practiced individually or collectively (the provisions of relevant laws on sport in Mexico States of Hidalgo, Querétaro, Sonora, Colima, and Coahuila de Zaragoza); • activity carried out in the form of competitions aimed at achievement of maximum performance (provision in the Law of the Mexico State Tlaxcala, December 1, 2005 “On Physical Culture and Sport in the State of Tlaxcala”); • activity carried out in overcoming oneself or in competition with a rival (the provisions of relevant laws on sport applicable in Mexican States of Sonora and Colima); • actions to achieve the perfection of morphological and functional and mental capacities of participants (the provisions of the Law of Colima State (Mexico), April 16, 1997 “On the Development and Support of Sports and Physical Culture”); • activity carried out in the form of competitions aimed at achievement of maximum performance (productivity) (version: aimed at achievement of high performance standards — the provision in the Chile Law “On Sports”, January 30, 2001; the provisions of the relevant laws on sport applicable in Mexican States of Chihuahua, Guerrero, Oaxaca, and Quintana Roo); • activity pursuing leisure or competitive objectives, aimed at developing individual skills (the provisions of the relevant laws of the Mexico States Campeche, Morelos and Nuevo León); • activity carried out in the form of a game or a competition (the provision in the Law of the State of Coahuila de Zaragoza (Mexico) “On Physical Culture and Sport in the State of Coahuila de Zaragoza”, etc.); • activity aimed at obtaining the sport results within the established rules (the provision of the Law of Bosnia and Herzegovina, 2008, “On Sport in Bosnia and Herzegovina”); • activity aimed at identifying and standardized comparison of the achievements of people in physical, intellectual and other development through sport events and the relevant preparation thereto (the Law of Ukraine, December 24, 1993 “On Physical Culture and Sport”); • activity in accordance with formal rules and procedures in which two or more people compete to esteem their personal achievements (versions: activity aimed at obtaining results in competitions at all levels; activities carried out by means of competitions or demonstrations — the Sport Development Trust Fund Act of New Brunswick (Canada), dated May 13, 2011; the Law of the Autonomous Community of Castilla y León (Spain) “On Sport in Castilla y León”, dated March 28, 2003; the Law of Chile “On Sport”, dated January 30, 2001);

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• all the forms of physical activity which, through organized or unorganized participation, aim at demonstration or improvement of physical and mental condition, and at obtaining the results in competitions at all levels (the General Law of El Salvador, dated November 15, 2007 “On Sport in El Salvador”); • activity characterized by the commission of actions in the game and the competitive desire to prove the sport superiority or to pass the sport test, and this activity is carried out by means of physical and mental exercises (the Law of Columbia, January 18, 1995 “On Approving the Provisions on the Development of Sport, Leisure, Providing of Leisure, on Physical Training, and on the Establishment of the National System of Sport”); • form of a physical activity that uses human movement as a means to develop the person as a whole, and that includes all types of physical training, whether general or special (Chile Law “On Sport”, dated January 30, 2001). 3. Scientifically developed definitions of “sport” According to the definition proposed by A. Solovyov, “sport (in the narrow sense, as a sporting activity) is a voluntary individual and (or) collective, professional and (or) amateur, systematic and (or) periodic activity that is inherently coupled with the competitive elements of the physical and/or intellectual load and with regularly organized and conducted, according to the established rules, competitions of integrated (physical, emotional, psychological and intellectual) abilities and achievements of its members, fixing and evaluation of these achievements, as well as a special practice to prepare for this activity, and individual social relations arising in connection with the arrangement and support of such activities, as well as with its audiovisual and other media coverage”1. The contrastive analysis of the above features (partially overlapping) gives grounds to propose the following definition for the concept of “sport”. Sport is an area of social relations, and a decentralized stratified system of institutionalized and regulated activities pursuing competition, educational, cultural, recreational, health or business purposes, related to the organized or unorganized implementation by one or more persons or an association of persons according to certain rules and procedures in the form of training (including exhibition performances) and (or) in the forms connected with surmounting oneself (passing physical test), or with a competition with an opponent; physical actions aimed at the development, achievement, demonstration and identification of a high level of morphological and functional and mental capabilities and achievements of participants, their maximum performance (technicality and (or) achievement of high performance standards) and (or) 1 Solovyov A. Systematization of Legislation on Sports (Russian and Foreign Experience): dissertation for Doctor of science (Law). Moscow, 2012. P. 90.

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establishing, out of two or more competing parties (individual or team members) the best one in the contest (the winner). 4. Definition of professional sport When studying the legal concept of sport, one should delimit the legal notion of professional sport as it needs its own interpretation. Professional sport is a set of forms of sport and the associated activities and social relations (including sporting relations, labor sporting relations, business relations, as well as the disciplinary and hierarchical relations in sport organizations) related to: • sport events, including entertainment events, organized and systematically held by public authorities, sport organizations and other organizations in order to make profits and (or) develop a sport according to the legally established regulations applicable to organizing and holding of such activities; • training (subject to the direct participation of the heads of sport organizations and professional sports coaches) and demonstrative and competitive systematic participation of professional athletes (on the basis of an employment contract, a civil contract, or, in some cases, on the basis of passing the qualification selection) in sport events for a certain remuneration in the form of pecuniary (salary, allowance, premiums, etc.) and (or) non-pecuniary (prestige, sport qualification at a certain level) benefits from the event organizers, their sport organizations or sports sponsors and others, individually or as a member of a professional sport team, in order to achieve high sports results and (or) sports contest; • the performances that are resulted from the held sport events, and that are established, fixed and announced by professional referees (who work on a contractual basis for a fee in the form of pecuniary benefits such as salary, allowance, premium provided by event organizers, by the state or by a sport organization); as well as order and compliance with the rules and other regulatory statutes ensured by the said referees in the field of sport — when holding and summarizing sport events1.

§ 2. Autonomy of sport and its limits. Self-governance and autonomous regulatory order in the field of sport 1. General definition and meaning of autonomy of sport Sport as a decentralized system, and the state as a centralized system are largely inherently separate, autonomous and independent areas. 1 See Ponkin I., Ponkina A. Revisiting the Content of the Definition ‘Professional Sports’ // Russian Laws: Experience, Analysis, Practice. 2014. No. 9. P. 24–28.

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The current trend of social relations in the field of sport that is fixed in many countries is the increasing role of public administration, including state regulation, within the powers of the state authorities, concurrently with increasing the role of self-government, including self-regulation in this area, which is aimed at ensuring the conditions for sustainable operation of national and international sports relations systems, for the protection of public and private legal interests, as well as the generally accepted moral values. The increasing complexity of the interaction between these two regulatory systems determines the need for scientific study of their interaction mechanisms and of the criteria for the optimal combination thereof. The reasons for need to increase efficiency of public administration in the field of sport, including the improvement of regulatory support in this area, comprise inter alia the status of social relations and law enforcement practice in the field of sport in Russia, and this status is characterized by significant problems, in particular, the poor provision of the administrative legal regulation being properly combined with self-regulation of the relations in this field. Nowadays, it is believed that, when organizing and carrying out public administration, one should take into account the significantly increased role of non-state/non-municipal entities and their ever increasing part in the processes of public and social administration in the formation of public policy. In accordance with this approach, the state is turning from being the main provider of public policy to just an interface for the different interests in society the value of which may be reduced to coordinating and managing such processes1. This also leads to changes in the instruments of public administration. One of the most striking examples for the autonomy of whole areas of social relations independent on the public power system (public authorities and local self-governments) are social relations in sports that are a special world having its own deontological principles and its own rules, and including a variety of relationships: competitive sports (amateur and professional), sports leisure, Olympic and Paralympic movement, industries of spectacular sport events, sport goods, the scope of operation of sports facilities, the fields related to copyright to the broadcast of sport events, and many other segments. The principle of autonomy of sport (German “autonomie des Sports”; French “autonomie du sport”; Spanish “autonomía del deporte”; Italian “autonomia dello sport”) is one of the major principles of operation, reproduction and development of sport. This very principle is the thing that allows to organize and also delineate the relationships of an individual, society and state in this sphere, and to prevent or reduce the imbalances in the sphere. Accordingly, the key feature of interaction between state administration and self-government in the field of sport is the connection (limitedness) of state administration with the principle of 1 See: Lyall C., Papaioannou T., Smith J. The Limits to Governance: The Challenge of Policymaking for the New Life Sciences. Farnham: Ashgate Publishing Limited, 2009. P. 3.

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autonomy of sport. This principle of autonomy of sport is embodied in autonomous extralegal statutory order in the field of sport, and is to be recognized and guaranteed by the state in its basic part, and is to be allowed by the state in its remaining part, based upon the selected model of sports administration. The term “autonomy” comes from the ancient Greek and is composed of the words ατο (“self”) and νομός (“law”). Translated literally, it means “independent legislator”. Thus, autonomy of something/someone means selfmanagement of something/someone in accordance with something/someone’s own laws or regulations. Autonomy concept is used in many disciplines and may have different meanings depending on the circumstances. In a general sense, autonomy is a definitely established and statutorily fixed transfer of the minimum scope of regulatory and executive powers to an independent, selfgoverning and self-regulating entity. In law, autonomy (with respect to the aspects under consideration) is regarded in terms of autonomy from the public power system (public authorities and local self-governments). By E. Lubrano, “autonomy of sport is in its essence a barrier preventing the legal system from interfering through its laws and legal instruments, in order to implement them, with an area protected by regulations set by other statutory order (in the words of the concept of I. Marani Toro and A. Marani Toro1 —“sport order”, in its autonomous part), provided that the steps and decisions in this field have not exhausted their effectiveness”2. For the first time, the term “autonomy” in relation to sport was used in 1949 in the Olympic Charter and regarded National Olympic Committees. In accordance with Article 25 Olympic Charter 1949, independence and autonomy were one of the main requirements to organize National Olympic Committees. All the known models of public administration and regulation in the field of sport have always provided for a certain autonomy of sport (embodied in the autonomous institutionalization in the field with self-government as its activity component). Modern trends of increasing complexity and interaction of law with other complexes of social rules, increasing use of self-regulation and self-government in various areas of social relations reinforce the need for an optimal combination and development of cooperation of public administration and self-government in the field of sport, including a combination of administrative legal regulation and self-regulation of relations in this area as a mechanism to improve the efficiency of public administration in the field of sport within objectively conditioned limitedness of resources. 1

Marani Toro I., Marani Toro A. Gli Ordinamenti sportivi. Milano: A. Giuffrè, 1977. P. 14. Lubrano E. Il Tribunale nazionale arbitrale per lo sport (TNAS): аnalisi della giurisprudenza (anni 2009–2010) e della natura delle relative decisioni//Rivista di diritto ed economia dello sport. 2010. Vol. VI. No. 3. 2

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2. Features, elements, and the definition of the autonomy of sport One of the definitions to the autonomy of sport is proposed by J.-L Chappelet who defines the autonomy of sport, within the framework of national, European and International law, as “the possibility for non-governmental, non-profit-making sport organizations to: 1) establish, amend and interpret rules appropriate to their sport freely, without undue political or economic influence; 2) choose their leaders democratically, without interference by states or third parties; 3) obtain adequate funds from public or other sources, without disproportionate obligations; 4) use these funds to achieve objectives and carry on activities chosen without severe external constraints; 5) draw up, in consultation with the public authorities, regulatory regimes proportionate to the fulfilment of these objectives”1. The features of the autonomy of sport are extensively formulated in the Recommendation No. CM/Rec (2011) 3 of the Committee of Ministers to member states on the principle of autonomy of sport in Europe, dated February 2, 2011: • “the autonomy of sport is, within the framework of national, European and international law, the possibility for non-governmental non-profitmaking sport organizations to: • establish, amend and interpret the “rules of the game” appropriate to their sport freely, without undue political or economic influence; • choose their leaders democratically, without interference by states or third parties; • obtain adequate funds from public or other sources, without disproportionate obligations; • use these funds to achieve objectives and carry out activities chosen without severe external constraints; • co-operate with public authorities to clarify the interpretation of the applicable legal framework in order to prevent legal uncertainty and contribute, in consultation with public authorities, to the preparation of sports rules, such as competition rules or club rules of sports NGOs, which are legitimate and proportionate to the achievement of these objectives” (clause 1)2. 1 Chappelet J.-L. Autonomy of sport in Europe. Strasbourg: Council of Europe Publishing, 2010. 108 p. P. 49. 2 Recommendation No. CM/Rec (2011) 3 of the Committee of Ministers to member states on the principle of autonomy of sport in Europe/Adopted by the Committee of Ministers on 2 February 2011 at the 1104th meeting of the Ministers’ Deputies [Online resource] URL: http:// www.coe.int/t/dg4/epas/source/Ressources/Rec%20_2011_3_Principe_autonomie_sport_en.pdf

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Nevertheless, the level of itemization of these main features describing the concept of the autonomy of sport, still does not allow to understand and interpret this concept in a proper way, to identify and describe its features at an appropriate level, structure and nature. Autonomy of sport can be defined as an organizational and regulatory feature of sport (and, at the same time, the principle of the organization and functioning of the sport relations subjects) reflecting the decentralized organization of social relations in this field, the relative (i.e. within certain limits) legislative and law enforcement self-sufficiency and independence of sport, institutional structural and organizational, financial and economic, political and ideological self-sufficiency and independence of the field of sport on the public authority1, as well as independence on political organizations, religious associations and business organizations, independence on authorization, interference and pressure from the part of the said entities. For the regulatory framework of the autonomy of sport, one should first point out at the fifth Fundamental Principle of Olympism, the Introduction to the Olympic Charter: “Recognizing that sport occurs within the framework of society, sport organizations within the Olympic Movement shall have the rights and obligations of autonomy, which include freely establishing and controlling the rules of sport, determining the structure and governance of their organizations, enjoying the right of elections free from any outside influence and the responsibility for ensuring that principles of good governance be applied.”2 Clause 5, § 2 “Mission and role of the IOC”, Chapter 1 “The Olympic Movement”, the Olympic Charter, obliges the International Olympic Committee “to take action to strengthen the unity of the Olympic Movement, to protect its independence and to preserve the autonomy of sport”, and clause 6, § 27 “Mission and role of the NOCs” Chapter 4 “The National Olympic Committees (NOCs)” of the Olympic Charter says that the NOCs “must preserve their autonomy and resist all pressures of any kind, including but not limited to political, legal, religious or economic pressures which may prevent them from complying with the Olympic Charter.” As an organizational and regulative phenomenon (embodied in the system of relations between the subjects of sport), the autonomy of sport has the following essential features: 1. Freedom of non-governmental/non-municipal organizations in the field of sport and the associations thereof, including the freedom of choice of legal forms. 1 Except for general legitimate control and surveillance on the part of public authority— Author’s note 2 Olympic Charter (in force as from 2 August 2015) [Online resource] URL: Official website of the Olympic Movement: http://www.olympic.org/Documents/olympic_statute_en.pdf

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2. Independent and complete competence of non-governmental/nonmunicipal sport organizations (their founders and/or heads having relevant powers) in: • defining and forming the internal structure, in establishing the order of service hierarchical and sport hierarchical (“athlete – coach”, etc.) relations and in the implementation thereof, as well as independent and complete competence of the legally elected and/or appointed heads in the managing of sport organizations; • determining the procedure of the election for offices in management and other departments of organizational structures; in organizing and holding of such elections; • determination and regulatory stipulation of the requirements to profession and qualification, to education and competency, moral requirements and loyalty requirements for candidates for administrative and other elected and contractually filled offices in organizational structures, in the determination and implementation of HR policy; • establishment, official interpretation and application of internal regulatory statutes (lex sportiva), including rules of sports, rules of sport qualifications and sport competitions, other sport events; rules to stipulate and enforce disciplinary and other sports liabilities, rules to resolve disputes and conflicts in sport; • regulation of substantive and procedural grounds to resolve sports disputes and conflicts, and in implementation of appropriate procedures to settle sports disputes and conflicts; in the implementation of Arbitration for Sport and the related activities of sports arbitration bodies; • establishing the procedure and ensuring the operation of mechanisms to enforce disciplinary and other sports liabilities for violations of sport regulatory statutes; • using the credited assets at one’s own discretion in order to implement the statutory targets, including the assets derived from state and municipal budgets, from extra-budgetary funds of public authorities; sport organizations have the right to receive money from state, municipal and other sources without any obligations that are disproportionate or contrary to the nature and interests of sport. 3. Regulatory independence and self-referentiality of sport order and its statutory component lex sportiva; big regulative force of lex sportiva (compared with state legal regulation) in regulating the internal issues of operation of sport organizations, in regulating the rules of sports, the procedure (rules) of sport events, and in implementation of refereeing. 4. The independence of the internal control in the non-government/nonmunicipal sport organizations. Complex of rules developed by sport community that express and implement the said features is simultaneously a guarantee of the autonomy of sport.

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Furthermore, the above list can be supplemented by the possibility of waiver by non-governmental/non-municipal sport organizations of any state accreditations and (or) state licensing. But this is a more private question. Depending on the implemented model of legal regulation of sport and public administration of sport, interventionist or liberal1; there are, to some extent, differences in the boundaries of sport’s autonomy — the limits of intervention of state into the area of sport, and, on the other hand, the limits of indifference of state in this area (laissez-faire). The autonomy of sport is recognized and guaranteed by the state in any model. The only matter is the extent of such recognition and guarantee. One should note some dichotomy: enhancing state governance in the field of sport, including the development of administrative legal regulation, involves a lot of positive effects (stimulating the development of sport, providing sport with the appropriate infrastructure and human resources, prevention of offenses, etc...), but, at the same time, encroaches on the autonomy of sport, its self-referential autonomous normative order. The nature of the autonomy of sport can be revealed through the description of its following aspects: 1) the autonomy of sport as a special case of autonomy in law; 2) the autonomy of sport as a special case of social autonomy; 3) the autonomy of sport as a special case of the autonomy of civil society institutions (another example—the autonomy of religious associations). There are the following types of autonomy of sport: 1) by the basis of the autonomy’s nature: • regulatory, • institutional and structural, • autonomy in organizing activities, • ideological (political and ideological, religious and ideological), • financial; 2) by the “subject – object” basis: 2.1) the autonomy of the field of sport from external actors: • the autonomy of the field of sport from the authorization of sports, interference and pressure from the public authorities (government bodies and local self-government authorities) and from interstate organizations, • the autonomy of the field of sport from ideologically, politically or religiously motivated intervention, from authorization, interference and pressure from political organizations and religious associations, • the autonomy of the field of sport from the authorization, interference and pressure from business entities; 1 Further, the model of legal regulation of sport and state governance therein is described below.

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2.2) the internal autonomy of sport: • the autonomy of various sport hierarchical structures that organize sport activities and implement sports management, and the autonomy of sport organizations of different sports that are at the same level in relation to each other; • the autonomy of sport organizations of one sport that are at the same level, in relation to each other, • limited autonomy of sport organization in relation to the higher hierarchical structure that organizes sport activities and implements control over sport; 3) by the basis of the autonomous subject: • individual, • collective. All the above types, in turn, have limits in sport. 3. Regulatory autonomy of sport Specificity of sport is in the fact that every community of individuals and organizations engaged in the certain sport strike for structured uniting and their own institutionalization. Any such community, immediately after its establishment, automatically starts to form a certain set of rules in order to solve common problems (including sport competitions) and to ensure the competitiveness in relation to other similar communities. Sport as a special activity that includes intensive interaction between its participants during a sport event, inherently has the rules, without which such activities would not meet its goals, nor the needs, interests and expectations of sport subjects. Therefore, the formation and operation of extralegal statutory regulation complexes (lex sportiva) is an integral part of any sports activity that differs in merely scopes, imperativeness, hierarchy and the specificity of complexes in each particular case. In addition to the fact that analysis of documents of non-law complexes of statutory regulation (lex sportiva) makes it possible to identify and analyze the guarantees of sport’s autonomy, the description of object governed by lex sportiva makes it possible to describe the scope of the statutory autonomy as the most essential element of the studied autonomy of sport. So, now we shall turn to the analysis of the statutory autonomy of sport and the concept of lex sportiva. Lex sportiva (complex of self-regulation in the field of sport) is a systemforming element of self-referential and independent (on the public power system and on international interstate organizations), statutory order in the field of sport (determined by the nature of sport in its basic part and therefore subject to the recognition by the public power system; and allowed by the public power system in its additional part, on the basis of the system’s own views on model to manage the field of sport), that is a decentralized system of extralegal substantive and procedural regulatory statutes (heterogeneous in nature, scope of regulation and imperativeness), comprising:

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• complexes of regulatory statutes (rules) and extralegal statutory regulation acts adopted by non-governmental/non-municipal sports governing bodies and (or) organizations at the country level — universal and differentiated by sports; • complexes of regulatory statutes (rules) and extralegal statutory regulation acts adopted by international sport governing bodies and (or) organizations, universal ones and differentiated by sports; and these bodies and (or) organizations are not related to public authorities and interstate organizations; • complexes of regulatory statutes (rules) and extralegal statutory regulation acts adopted by the International Olympic Committee and the National Olympic Committees, as well as the International Paralympic Committee and National Paralympic Committees; • mixed regulatory acts; • generally recognized principles and rules of moral behavior in sport (fair play); • sports customs (unwritten rules), including those within the framework of ethnic sports. 4. Examples of state legitimation of regulatory force of self-regulation statutes in sport There are plenty of evidences of the situations when a state recognizes de facto and de jure the statutory force and importance of lex sportiva. The most striking examples of the intercrossing and complex interaction between sports law and lex sportiva in this regard are as follows1: 1) implementation of regulatory statutes and requirements of FIFA and UEFA in national legislation when holding the UEFA European Football Championship, FIFA Confederations Cup and FIFA World Cup, despite the fact that the Union of European Football Associations (UEFA) and the International Federation of Association Football (French Fédération internationale de football association) (FIFA) are non-governmental international organizations. The subordination to the requirements of these organizations to amend the national legislation via adoption of a law on the creation of conditions to hold championship would have to be regarded as an encroachment on the sovereignty of the state, but this does not happen; 2) in competitions in boxing, karate and other combat sports, the fact of beatings and, as a result, harm to health (slight or in other degree) is evaluated within the rules of the competition instead of criminal law as it should take place in any other situation. It means that such situations do not fall within criminal law, which is not directly established in any law, but is presumed by the state; 1 See Ponkina A., Ponkin I. On the Correlation of Lex Sportiva and Sports law // Bulletin of the Russian Peoples Friendship University. Series “Law Sciences”. 2012. No. 3. P. 109–118.

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3) in general, any injury to the athlete’s health during sports training and sport competitions (during a hockey, baseball or soccer match, during the gymnastic performances etc.), if excluding the importance of lex sportiva, should be regarded either as a criminal action, or as a work injury, but reasonably are not considered as such. It is impossible to reduce all the damages caused to health in this case exclusively to their “amateur activity” at their own risk. The specificity of sport is such that the risk of such damage exists objectively and tends to increase and become more complex in structure and nature so far as sport is developing; 4) specific penalties in sport arising from lex sportiva, in terms of public law, are incorrect. If we ignore the priority of lex sportiva in connection with a certain range of the relations, then, for example, disqualification of an athlete (as a disciplinary measure for, e.g., a gross violation of the sport rules) should be regarded as a gross encroachment on the athlete’s constitutional rights (to engage in sports, in labor, etc.), and, on the contrary, there is a question of the basis on which the athlete does not fall within criminal or administrative law; 5) the establishment of exclusive rights to broadcast of sport events beyond the understanding and consideration of lex sportiva cannot be explained, as it encroaches on the freedom of information and does not fit properly a coherent system of copyright; 6) the inclusion of provisions on sport contract into the Labor Code of the Russian Federation (“RFLC”) (Chapter 54.1) witnesses the implementation of lex sportiva in Russian national law. 5. Definition of autonomous extralegal regulatory order in the field of sport The features of sports social relations defining the specifics of this area as an object of state administration and, at the same time, the bases for isolation of autonomous extralegal statutory order in the field of sport (as an independent phenomenon, a complex statutory and institutional system that cannot be reduced merely to self-regulation) are the following objective conditions: 1. Special structure of sport (in particular, its management structure) is a decentralized self-referential and self-reproducing system comprising a large number of various organizations bounded by complex and differentiated relationships to single-level and higher-level managing and (or) the coordinating organizations (differentiated by sports, objectives and forms of activity, by structure and characteristics of decision making process, by the degree of centralization/decentralization, etc.). Public authorities objectively are not able effectively and with due pertinence, i.e., in accordance with reasonable demands, to manage the entire complex of relations in the field of sport, and, therefore, are forced to delegate some of their powers to self-regulatory entities in the field of sport, as well as to recognize the regulatory and institutional autonomy of sport (within certain limits). There are many features of sport significantly complicating the possibility of permanent effective public administration in this sphere.

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And, in this sense, public power system provides certain autonomy because in such a way public power system gets rid of undue and significantly burdensome powers, and passes many of the problems with statutory regulation, application of rules, resolution of disputes and conflicts, on the sport governing bodies and other special authorities (for example, arbitration courts) and organizations. Autonomy of sport is an effective principle of the dialogue between public authorities and non-governmental organizations, since public power system is not only interested in the development of sport, but also in the impact that sport can have on other areas of public policy such as the fight against discrimination, the promotion of strengthening the health of population, the education of minors, and the offenses prevention. 2. Some segments of the social relations in the field of sport are in a substantial part intrinsically reluctant to transformation and institutionalization as legal relationships, and the attempt of legal regulation of such relationships will lead to just significant deformation, distortion and actual prohibition thereof, which, in turn, is an illegal encroachment on important human rights and freedoms. Social partners of public authorities have good reasons to independently determine the content and specifics of the most appropriate means to achieve their objectives in the field of sport. And the state, respectively, has the grounds to recognize this competence. For example, state, by default, legitimizes the greater force of lex sportiva in comparison with the regulations for combat sports for cases when causing harm to the opponent’s health does not entail the criminal law or civil law liability (provided that they respected the combat sport rules established in the respective sport), as mentioned above. 3. Sport, due to its predominantly (and originally) non-commercial nature, due to its decentralization, largely exists as a separate, self-sufficient and independent area with respect to state as a centralized system; and the fact that the subjects of sports relations assume obligations to recognize the superiority of legal force of lex sportiva, as one of the pillars of the autonomy of sport, against the legal rules, and that they implement lex sportiva in practice, greatly reduces the possibility for public authorities to interfere with the relevant issues. 4. The imperative of political and ideological neutrality of sport as a means of preserving its self-reference and independence. 5. The principle of public-social nature of education regulation in terms of sport training and physical aptitude as one of the principles of state administration in the field of education. 6. The legal guarantees of private contractual autonomy. Accordingly, autonomous extralegal statutory order in the field of sport is the complex which is self-referential, is based on self-organization of the sport relations subjects, is independent on the public power system and on

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international interstate organizations, is resistant to the intervention of these organizations, is decentralized and correal, and which comprises: the fundamental elements (principles and guidelines) for arrangement of relations in the field of sport, and these relations are conditioned by special nature and content of the relevant relationships; the fundamental elements of composition, operation and reproduction of the system(s) of non-governmental/non-municipal authorities in the field of sport, and composition of system(s) of extralegal statutory regulation in this area; and the fundamental principles and values of social morals in sport (the complex of fair play principles). 6. Legal guarantees of autonomy of sport in the Russian Federation legislation The Federal Law, dated December 4, 2007, No. 329-FZ “On Physical Culture and Sport in the Russian Federation” (as amended) does not contain the terms ‘autonomy’ and ‘autonomous’. However, the said Law sporadically stipulates some individual guarantees of the autonomy of sport: • establishment, as one of the basic principles of legislation on physical culture and sport, of the principle of “combination of state regulation of relations in the field of physical culture and sport with the self-regulation of such relations by participants in physical culture and sport” (clause 3 Article 3); • establishment of the right of Russian physical culture and sport organizations “to independently dispose the money and other assets received from foreign states, international organizations, foreign organizations, foreign citizens and persons without citizenship” (part 3 Article 40); • establishment of the duty of federal government agencies, in course of their participation in holding the Olympic Games, world championships and world cups, European championships and cups, global universiades and other international sport events in the territory of the Russian Federation, to take into account “the requirements established by the relevant international sport organizations” (clause 5 Article 6). The poor regulation of legal grounds, content, forms, guarantees, mechanisms and limits of the autonomy of sport in the Russian Federation is one of the negative factors hindering the development of Russian sport and leading to a decrease in the effect of the said principle in practice, and contributing to social deviations, including offenses in this area. Excessive and improper state interference with the activities of sport organizations decreases their effectiveness, unbalances the sport administration, and increases the risks of corruption. On the other hand, an excessive increase in the competence of non-governmental/non-municipal regulators in the field of sport, as well as non-system attempts to apply the principle of the autonomy of sport, based on overly broad and legally incorrect interpretation thereof, may conflict with the public interests and with the laws of the state.

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§ 3. Features of administrative and legal support and implementation of state and municipal administration in the field of sport 1. General definition of public (state, municipal) administration In general, the concept of public administration reflects the integrated system mechanism having subsystems and elements which are the political program orientations and priorities, statutory regulation, procedures financed by state or local self-governing authorities, centralized and decentralized organizational and administration entities and their personnel, that are responsible for the administration of activities in a particular field of social relations at the national, sub-national and local levels. Public administration comprises mechanisms to improve internal coordination, management of human, financial and material resources, communication and information systems, as well as management associated with the rendition of public (state and municipal) services. The nature of public administration derives from the functions of state and from the need to manage its affairs — the affairs that traditionally fall within the competence of public authorities. Public administration is an imperious control impact on certain objects (social relations and their participants, processes, phenomena) implemented by the subjects of such administration, i.e. by state and its authorized bodies and persons. W. Wilson who founded the organizational theory of public administration briefly but succinctly defined the public administration as a detailed and systematic execution of public law. According to the United Nations documents, the public administration is an exercise of political, economic and administrative powers for management of the affairs of a country, a complex of mechanisms, processes, relationships and institutions through which citizens of the state and the associations of citizens express their interests, exercise their rights and fulfil their obligations and settle disputes. Administration can be carried out by all methods used by society in order to distribute powers and manage state resources, as well as to resolve problems. State administration is a kind of state and power activity to achieve, implement, protect and defend public interests, to ensure and execute regulatory and other functions of state, and to manage the affairs of state; the content of such activity is the integrated planning, legal support and exercise of the legislative, executive and administrative, judicial and supervisory powers of public authorities, including legal and organizational support and resource support, administration and implementation of sequences and complexes of systems of administration solutions, and law-provided tools (steps, means and mechanisms) of state regulation and state administration impact on various segments of the subject-object field of management, exercise of supervision and other law enforcement activities in this area.

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At the same time, state administration is a polysemic concept, which is reflected in the fact that the legal content, understanding and interpretation of this concept depends on the nature of its binding factor and breadth of consideration, which means that the concept should be viewed in several terms: 1) state administration in the broadest sense covers all activities of state, and is understood as a mechanism and process of functioning of the whole state system (“state machine”), of the whole state and its supreme authorities, including the exercise by these authorities of their powers; interaction, mutual checking and balancing — the principle of separation of powers; 2) state administration as a mechanism and process of operation, of administrative activities carried out by the system of executive authorities and its individual segments, of the individual state bodies; or state administration as the execution of state administration functions in a certain area of social relations (for example, in the field of sport) and in a group of such areas. Although state administration covers three branches of government, as a rule, state administration is carried out mainly by the executive authorities. That is, in this term, state administration is carried out by non-political state bureaucracy operating in the state and political system; 3) state administration at the level characterized by the concept of “human factor”, since state administration is executed through the organized efforts of particular officials. This level also includes the state service system. When studying state administration, one should consider it as one of the three said levels of administration, or consider the state administration as a complex. However, in the latter case, the coordinate system for the study, understanding and estimation of the legal meaning, content and characteristics of state administration will have to be supplemented with the criterion of the features of governance’s subject area in order to take into account the specificity of the field of social relations that executes the discussed state administration — for particular consideration of this discussed state administration; and with the criterion of features inherent in the method of state administration (imperative and dispositive methods and the combination thereof; or direct and indirect methods). Public administration covers all the processes of implementation of powers by public authorities, as well as by other state bodies, organizations, institutions and officials. The case in hand is various powers all of which, however, belong (are referred) to the public power sector. It may be powers to adopt and approve laws (as the powers of the Federal Assembly of the Russian Federation), which, without a doubt, are referred to the state administration powers, for legal regulation is the most powerful and the most frequently implemented state administration instrument. It may be some judicial powers (a number of powers exercised by the Constitutional Court of the Russian Federation), which are also reasonably referred to the state administration powers. But, above all,

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it is, of course, the powers of the executive branch, because administration that changes relations, phenomena and processes, induces and modifies the course of events, administrative influence of state within the implementation of laws and other legal rules, is indeed the very essence of state administration. The middle of these public administration levels is associated with organized and coordinated efforts by numerous persons having offices in public administration in order to transform and embody political program statements of the leaders, of the heads of state or an administrative territorial (or political territorial) unit thereof into the achievement of the main and operative objectives of state administration, into particular programs and projects, and into ensuring a certain level of well-being and safety of state, nation, family, and human personality. Achieving the objectives of public administration is not possible without mobilization, arrangement and coordination of human resources, without making efforts by both the State and private sector, and the latter also requires the state’s efforts to organize the necessary interactions of different interests, of different social processes, different standards, within and beyond the State. The concept of state administration can be characterized through the description of its subject-object area. Although this is subject to a separate consideration, one should briefly note that there are the following enlarged segments of subject-object area of state administration, in other words—the aspects of state and social reality being the objects of state administration: • social relations (state establishes the “rules of the game” for the aspects requiring legal regulation); • the relationship between state and society and its institutions, between state and individual, between the State and private organizations, including the relationship connected with appeals to state authorities on any matters; • the State itself (i.e., the State administers itself within the state administration). 2. Definition and features of public administration in the field of sport Public (state and municipal) administration in the field of sport plays a very important role, since this is the thing that is connected with the formation and implementation of state policy in this area, including the determination of the main priorities and the establishment of guarantees of public interests, the regulation of the state support for sport, as well as the establishment of the legal framework in the field of regulation of sport relations, and with support and stimulation of sport. On the other hand, public administration in this area is implemented within the powers of various public authorities established by laws, and, therefore, the authorities are entrusted with responsibilities to administer financial, human, material resources and infrastructure in order to implement such powers.

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Today, there are no universal, well-established, generally recognized definitions for “administration in the field of sport”, “sport administration”, “public administration in the field of sport”, “state administration in the field of sport”, etc. According to our definition, state administration in the field of sport is the systematically integrated and functionally and hierarchically organized activity in the planning, implementation, maintenance, and self-control of state and imperious regulatory (inter alia, altering and stimulating/reducing) impact on social relations in the field of sport, and the relationships directly connected with such social relations; this activity is carried out by public authorities through the statutory legal (above all, administrative legal) regulation, organizational and coordination, financial (budgetary, tax, and other), infrastructural and other resource administration and implementation of the supervisory powers. As a process, public administration in the field of sport is the implementation, continuing for a certain period of time and including the necessary sequence of steps, of administration activity (in its various aspects and forms) carried out by public authorities in this field to achieve the objectives of such administration. In today’s world, functioning and development of social relations in the field of sport that is sustainable and compliant with the public interests is impossible without the state administration, including administrative law, criminal law and civil law regulation of these relations, which is due to the following conditions: 1. The imperatives of the socially oriented state: improving the quality of life and ensuring the protection of public health (through disease prevention by engaging in sport); the provision of guaranteed social benefits to the citizens; providing the citizens with guaranteed social benefits; ensuring the country’s demographic security and development in this area; ensuring the rights to leisure and personal development. 2. The imperatives of ensuring the law and order and justice in sport, prevention of crimes (corruption, trafficking and distribution of prohibited substances, and so on) and administrative violations, combating offenses by using criminal law and administrative laws tools. Furthermore, the processes of a significant complication of social relations structure in sport, and the growing relevance of the related problems require a more active public administrative impact on the prevention and suppression of offenses and resolving other problems, as one cannot counteract violations and respond to all problems emerging in connection therewith through merely self-government and self-regulation. 3. The imperatives of protecting the health of athletes in terms of restricting the use of doping agents. 4. The imperatives of protecting the health of athletes in terms of restricting the most severe types and forms of sport, and sports associated with high risk of damage to health and lives of athletes.

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5. The imperatives of protection and defense of labor rights of athletes (at least in the base part), taking into account the reduced interest of sport organizations towards independent full guaranteeing and ensuring these rights. 6. The imperatives of creating conditions for the economic development of the state as a whole or its individual regions, since, in the course of its development, the sphere of sport is becoming more conjugated with business, and sports industry has already become a significant segment in national economies. Accordingly, one needs civil legal regulation of property, contractual and other relations in the field of sport and the related fields associated with this aspect. 7. The imperatives of the protection of social morals, taking into account the moral and educational potential of sport (fair-play), and the need for special regulation of gambling and the sports related thereto. 8. The imperatives of the protection of public order during mass entertainment sport events. Accordingly, state has public interests and the administrative and legal functions in these areas conjugated with these public interests. However, in addition to the imperatives of state’s participation in the administration of sport and promoting the development of sport, state has also the direct interests in sport. This is primarily due to the resource potential of sport that cannot be ignored by the public authorities. Sport provides public authorities with necessary resources such as economic resources, goodwill, as well as the resources ensuring social solidarity and meaningful redistribution of social energy of masses. Public power system is a system of functionally integrated and hierarchically structured public authorities and local self-governments that is designed to ensure reproduction, preservation of sustainable development and protection of public order (in a wider sense than in the field of private international law relations), to exercise state functions and functions of local self-government, to protect and promote public interests through the implementation of management impacts on social relations that fall under state jurisdiction. It should be noted that, as it is known, law is not the sole and exclusive regulator of social relations, despite its occupying a certain place, even dominating, in the system of social rules. Accordingly, public administration is not the only kind of administration in the field of sport. There are four types of such administration: • public (state and municipal) administration in the field of sport; • self-administration in the field of sport: the administration exercised by non-state/non-municipal entities in the field of sport, such as the International Olympic Committee and the International Paralympic Committee, national Olympic and Paralympic committees, international and national sport federations, etc.;

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• private (commercial corporate) administration in the field of sport, or, more precisely, in those sport aspects that are associated with sport as a sphere of sport entertainment show-business events, with the sport broadcasting, sport sponsorship, with the functioning of sport infrastructure and industry of sporting goods, sport outfit, and with other segments); • social administration in the field of sport is the administration exercised by non-institutionalized participants of sports relations. Qualifying features that allow to distinguish the public administration in the field of sport from other types of sport administration are as follows: • public administration is exercised in the public interests as opposed to private administration exercised in private interests, and as opposed to self-government that is exercised in the interests of a mixed nature that may contain a small fraction of public interests within its total interests; • public administration aims to promote and develop sport activities in the whole society in general, basically among the individuals not covered by the private sector due to unprofitability of work; • public administration aims to promote and develop sport training in various sports without selectivity, while private administration is connected with educational resources and projects merely in their own narrow purposes, and self-government aims to provide educational resources and projects as part of its sport (group of sports); • public administration is associated with publicly imperious powers, therefore, to some extent, is restricted by the autonomy of sport; • law enforcement and fight against crimes in the field of sport are predominantly the area of the public administration rather than other types of administration; • public administration is limited by the territory covered by the jurisdiction of the enforcement institutions; • public administration in the field of sport cannot exist without interaction with other types of administration; public authorities have to engage various non-profit organizations and the commercial sector (suppliers of goods and providers of services, etc.) into sport. In different states, the chosen model of state administration of sport and the characteristics of administration objects determine also the specificity of public administration. The role of state in the field of sport in terms of administrative influence varies widely in different countries. As we have already said, there are known two models of legal regulation and state administration in the field of sport: • liberal model (or a model of non-intervention), when state provides maximum freedom of self-government and self-regulation to sport organizations and minimizes its interference with the affairs of sport;

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• interventionist model, when state actively intervenes into the sport affairs and into the activities of sport organizations1. The latter model was implemented in its extreme form in the Soviet Union, where the sport federations generally subordinated directly to Goskomsport (the State Committee of the USSR in Physical Culture and Sport) and the appropriate department in the Central Committee of the Communist Party of the Soviet Union. Of course, in any of these models, state cannot withdraw completely from the field of sport. 3. Features of subject-object area in the public administration of sport Now, we shall single out the following characteristics of administration objects that determine, respectively, the specificity of public administration entities in the field of sport, and the specificity of such administration (as opposed to other kinds of sport administration and, on the other hand, to public administration in other areas): • a wide range of stakeholders having very different priorities and attitudes both inside and outside sport, involved in social relations in the field of sport; this range comprises both local decentralized, horizontally distributed (including network communities) communities of organizations and individuals, and numerous hierarchically arrayed complexes of professional sport organizations, and also includes a wide range of commercial, educational organizations, investors and business partners, spectators of sport competitions and other sporting mass entertainment events, sports fans, and state and municipal authorities; • institutional sport in all its forms is directly or indirectly associated with economic relations; sports industry is an integral part of sport; many organizations whose activities are connected with sport, are not commercial formally though they still do business; • sport organizations and sports administration bodies at the national and international levels have a variety of roles and responsibilities that reflect the point of view of both administration bodies of sport organizations and public authorities; the role and importance of sport administration bodies are determined by their impact on the relations between the stakeholders; • historical factors and traditions have determined the organization of many sports, in particular, the geographical distribution of institutionalizations, the rules and regulations and administration standards. Historically, public authorities have provided non-governmental/nonmunicipal sports authorities with considerable autonomy without 1 See the descriptions of these models’ essentials: Chaker A.-N. Bonne gouvernance dansle sport. Une étude européenne [Effective sport governance. Research of the European experience]. Strasbourg: Editions du Conseil de l’Europe, 2004. 112 p. P. 10–11.

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adopting special laws, thus, sport has an extensive set of rules based on corporate and commercial law. The key segments of the exercise of administration in the field of sport, including the public administration in this area, are as follows: • administering the management and execution of sport activities, planning and implementation of sports programs and activities; • administering the sports infrastructure, sports facilities and sport equipment; • administering the business projects in the sports industry; • administering the sport organizations; • administering the finances in the field of sport and/or for sport purposes; • administering the public services in the field of sport; • administering the education in the field of sport (administering the training of athletes, sports coaches, referees, and sports managers); • administering the interaction of different sport administration entities; • administering the promotion of mass and leisure sport, youth sport, healthy lifestyle, and fair play values; • administering the safety in the field of sport. 4. System of administrative and legal support for public administration in the Russian Federation The sources of public administration objective are the following three integrated sources (three groups of sources): • constitutionally stipulated (in both written and unwritten constitutions of states) foundations of the constitutional system, the imperatives and requirements that determine the functions of state, and, as a result of such functions, the objectives of state administration, or determine such objectives directly; the imperatives arising from international treaties entered into by states; • public interests; • political will of the heads of state. The system of administrative legal support for the public administration of sport in the Russian Federation comprises the following complexes of statutory and other legal acts and documents and such acts and documents themselves: The Constitution of the Russian Federation (Articles 71 and 72, 41, 43 etc.) • federal laws, first of all — the Federal Law, dated December 4, 2007, No. 329-FZ (as amended) “On Physical Culture and Sport in the Russian Federation”, and the Code of Administrative Offences of the Russian Federation, the Criminal Code of the Russian Federation, the Federal Law dated October 6, 2003 No. 131-FZ (as amended) “On the General Principles to Organize Local Self-Government in the Russian Federation”; the Federal Law dated October 6, 1999 No. 184FZ (as amended) “On the General principles to organize legislative

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(representative) and executive state authorities in the Russian Federation subordinate entities”; • subordinate legal acts, official conceptual and doctrinal and program documents of the federal level, as well as administrative and regulatory acts and documents issued by the President of the Russian Federation and by the federal executive bodies; • the Constitution and the Statutes of the Russian Federation subordinate entities; • the laws adopted in the Russian Federation subordinate entities: the laws on sport are adopted in 74 regions of Russia, and more than one legal act in this field are applied in the following regions of Russia: Bryansk region (2 laws), Voronezh region (2 laws), Kabardino-Balkarian Republic (2 laws), Krasnodar Territory (2 laws), Moscow City (2 laws), Moscow region (2 laws), Novgorod region (3 laws), Republic of Bashkortostan (2 laws), Republic of Sakha (Yakutia) (2 laws), Saratov region (2 laws), Tomsk region (2 laws), Ulyanovsk region (2 laws), YamaloNenets Autonomous Circuit (2 laws); • the subordinate legal acts, official conceptual and doctrinal and program documents within a subordinate entity (region), as well as administrative and regulatory acts and documents issued by the heads of the Russian Federation subordinate entities and by the executive bodies thereof; • the statutes of municipalities, regulatory and administrative acts, and documents issued by the local self-governments, and municipal conceptual and doctrinal and program documents. Article 6 of the Federal Law, dated December 4, 2007, No. 329-FZ (as amended) “On Physical Culture and Sport in the Russian Federation”, by stipulating the powers of the Russian Federation in the field of physical culture and sport, determines the number of directions of public administration in this area (within the framework of the model implemented in the Russian Federation): • formulation and implementing State policies in the field of physical culture and sport, adopting and implementing programs for development of physical culture and sport in the Russian Federation; • participation in arrangement of activities aimed at training of national sport teams of the Russian Federation for Olympics and other international sport events, and participation in such activities; • participation in arrangement of interregional and common Russian official physical culture events; • participation in arrangement of Olympics, world championships and cups, European championships and cups, World Universiades, and other international sport events in the territory of the Russian Federation, taking into consideration the requirements established by the relevant international sport organizations;

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• arrangement and conduct of federal sport events for disabled and physically impaired persons, of international events for the above-mentioned persons, including Paralympics and Deaflympics, World Special Olympics, as well as preparation for such events; • accreditation of common Russian sport federations; • arrangement of professional training and upgrading and retraining of specialists in the field of physical culture and sport; • working out the requirements for sport gear and equipment to be used at sport events; • procurement, including providing national teams of the Russian Federation with sport outfit, and financial, scientific, medical, biological, and anti-doping support; • arrangement of common Russian physical training inspections of preinduction and service age citizens, working out of programs and method recommendations for physical training of such citizens; • promotion of physical culture, sport and healthy life-style; • scientific and methodological support in the field of physical culture and sport, as well as publishing of scientific, study, and popular scientific literature about physical culture and sport; • organizing construction and reconstruction of sport objects; • working out and approval of programs and curriculums for physical culture and sport for different groups of population; • training of the military servants and persons having special service in military- and service-oriented sports; • organizing the scientific researches in the field of physical culture and sport; • instituting the State awards of the Russian Federation, other awards and honorary titles, premiums, and other incentives of the Russian Federation in the field of physical culture and sport; • ensuring public order and public safety at official physical culture events and sport events taking place at sport objects; • organizing the uniform system for athletes’ sport passports; • promoting children, juvenile, youth, mass, elite and professional sport; • arrangement of the drawing up, and approval of the federal standards of sports training; • control over the compliance by the organizations established by the Russian Federation and engaged in sports training with sports training federal standards in accordance with the Russian legislation. The strategy of the development of physical culture and sport in the Russian Federation up to 2020, approved by the Executive Order issued by the Government of the Russian Federation, dated August 7, 2009, No. 1101-р and having proved the high value of sport in the development of human potential and improving the quality of life of Russian citizens, identified the objectives and main directions to implement the sports policy of the State. The main

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directions of this policy are the planning and the formation of the institutional framework to administer the development of sport; improving the interaction of sports subjects; and improving the sports administration at all levels. Besides, the complex of measures to address the challenges includes improving the legal and regulatory framework, including the clarification of the functions and powers of sports subjects. The objectives of public administration in the field of sport arising out of public interest in this area include: • providing the conditions for functioning and development of sport, the efficient rendition of sport services and ensuring the adequate quality thereof—for the exercise of the rights of citizens to sport, and for satisfaction of individual and collective needs of citizens in sport activities and/or sport and leisure activities, in visiting sports mass entertainment events, as well as for the maximum proper use of the sports ground; • coordination of financial, material, human and other resources and technologies in the possession of public bodies and organizations and non-governmental/non-municipal subjects of sport, including ensuring of the reasonable use and reproduction of the available resources (sports infrastructure, financial means, etc.) to maximize the results; • ensuring the conditions for success in the international sporting competition, maintaining the required level of international sport prestige of the state; • ensuring the conditions for sustainable and positive development of industries and directions of economy associated with sport, and, as a consequence, filling the budgets at all levels and creation of jobs; • maintenance of public order, combating crimes and offenses in the field of sport and the related areas of social relations; • ensuring the conditions for sustaining the proper level of public health, increasing the work potential and activity, and promotion of moral development. Some of the objectives, directions and tools of state administration in the field of sport (within the framework of the model implemented in the Russian Federation) can also be derived from a number of subordinate legislation acts, official conceptual and doctrinal and program documents, including: • The Regulation issued by the Government of the Russian Federation, dated June 19, 2012, No. 607 (as amended) “On the Ministry of Sport of the Russian Federation”, and the Provision On the Ministry of Sport of the Russian Federation, approved by the Regulation; • The strategy of the development of physical culture and sport in the Russian Federation up to 2020, approved by the Executive Order issued by the Government of the Russian Federation, dated August 7, 2009, No. 1101-р; • The Concept of the Federal Target Program “The Development of Physical Culture and Sport in the Russian Federation for 2016–2020”,

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approved by the Ordinance issued by the Government of the Russian Federation, dated January 2, 2014 No. 2-р; • The Federal Target Program “The Development of Physical Culture and Sport in the Russian Federation for 2006–2015”, approved by the Regulation issued by the Government of the Russian Federation, dated January 11, 2006, No. 7 (as amended); • The Russian Federation State Program “The Development of Physical Culture and Sport”, approved by the Regulation issued by the Government of the Russian Federation, dated April 15, 2014, No. 302 (as amended). In Russia, the authorized federal executive body in the field of sport is the Ministry of Sport of the Russian Federation, although some powers in this field of social relations are also imposed on the Ministry of Education and Science, on the Ministry of Health, and on the number of other federal executive bodies. At the regional level, there are the authorized executive bodies of the Russian Federation subordinate entities. At the local self-government level, there are the appropriate bodies of the municipal administration. There are also the Presidential Council for the development of physical culture and sport, and similar councils to assist the heads of the Russian Federation subordinate entities, as well as the Russian Olympic Committee, the Russian Paralympic Committee, and a number of other administrative authorities. 5. State administration in the field of sport in foreign countries Through the analysis of international experience, one can mark the following types of state bodies, institutions, and organizations. Ministries are one of the major types of executive bodies exercising state administration in the field of sport. For example, the Ministry of National Defense and Sport in Austria; the Ministry of Sports in Brazil; the Ministry of Education and the Ministry of Culture and Sport in Guatemala; the Ministry of National Education in Colombia; the Ministry of Tourism and Sport in in Uruguay; the Ministry of Sports, Youth, popular education and community life in France; the Ministry of Sport in Luxembourg. In many countries (such as Spain, Guatemala, Uruguay, the Philippines, Switzerland, and Argentina), the powers in the field of sport are delegated to other executive bodies or to special coordinating bodies. In some cases, these bodies carry out their activities in certain ministries. For example, the Federal Administration of Sport in Switzerland is the main executive body of sport at the federal level, and operates within the The Federal Department of Defence, Civil Protection and Sport in Switzerland.. The National Directorate of Sport in Uruguay operates within the Ministry of Tourism and Sports. The Philippines have the Sport Commission which is a legal entity and has the status of a national government regulatory agency within the Administration of the President of the Philippines. In the United States, there operate the committees and commissions of sport at the State level which are the States’

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executive bodies (California State Athletic Commission, Combative Sports Advisory Council in Delaware, Nevada Athletic Commission, Texas Commission of Licensing and Regulation, Texas Department of Licensing and Regulation, Florida State Boxing Commission, Department of licensing in the State of Washington). In addition, the examples of such bodies can be the National Sport Council and the Secretariat for National Sport in Argentina; the National Sport Council in Portugal; the Higher Sport Council in Bolivia; the National Council of Sport in Mexico. The National Commission for Physical Culture and Sport in Mexico is a public decentralized organization at the federal level. The Administrative Department for Sport, Recreation, Sport Activity and Entertainment in Colombia is a public institution under the Ministry of Culture. The Federal Fund to Promote Sport in Austria is an independent institution of the Austrian sport, an independent legal entity managed by the Ministry of National Defense and Sport in Austria. Many states have developed the system of regional governments to some extent hierarchically subordinated to state administration bodies in the field of sport at the national level. For example, in Peru, in accordance with Article 6 of the Law of Peru No. 28036 “On the Support and Development of Sport”, there operate the regional sport councils at the regional level whose procedures and functions are determined by Article 14 and 15 of the said Law. The chairmen of the regional sport councils are appointed by the Chairman of the Governing Board in the Peruvian Institute of Sport. In Spain, at the level of the autonomous communities, there work the common Regional Directorates of Sport of the autonomous communities. In Bolivia, each capital of its departments has Councils of Departments for Sport. Special interest is a pretty developed extensive system of regional governments in the field of sport in Switzerland. At the cantonal level, there operate the State Councils which are the executive authorities of the cantons. For example, the State Council of Nidwalden, the State Council of Obwalden, the State Council of St. Gallen, the State Council of Zug. The State Councils in most cantons appoint sport commissions such as the Sport Commission in Obwalden, the Sport Commission in Zug being the advisory body; the Commission for Physical Culture and Sport in St. Gallen. In addition, there are a variety of departments, offices and other competent authorities which are also the regional executive authorities of Switzerland carrying out state administration in the field of sport. As an example, the Office of People’s Schools and Sport in Nidwalden; the Department of Education and Culture in Obwalden; the Competent Governmental Authority in the Field of Sport in St. Gallen; the Department for Sport in Zug. In many countries such as Portugal, Venezuela, Costa Rica, Cuba, Peru, Chile, the powers relating to public administration in the field of sport are exercised by state institutions established in the legal form of the Institute and, as a rule, having the status of a legal entity. Such legal form in this case is determined to a large extent by the autonomy of sport. The Portuguese

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Institute of Sport and Youth is a public institution in the system of executive power. The National Institute of Sport of Venezuela is a public institution having the status of legal entity and its own property at the Ministry of People’s Government. The Institute of Sport and Recreation in Costa Rica is a public institution with a high degree of autonomy. The National Institute of Sport, Sport Education and Recreation in Cuba is an autonomous organization having the status of legal entity and its own property. The Peruvian Institute of Sport is a decentralized state organization of the ministerial level under the Chairman of the Council of Ministers. The National Institute of Sport in Chile is a decentralized state organization having the status of legal entity and its own property. Argentina, Brazil, Ecuador and Austria have non-state organizations which are also vested with state administration powers in the field of sport. The National Authority for Elite Sport in Argentina is a non-state legal entity of public law. The National Council of Sport in Brazil is a state-social entity which until recently was vested with certain powers (in sport) across legislation, executive and judicial branches. In recent years, the judicial powers of this body have consistently been reduced. The National Sport Federation in Ecuador consists of provincial sport federations being non-profit organizations. The status of government bodies in the field of sport in foreign countries, including their legal form, depends on the legal regime of autonomy of sport chosen by state.

§ 4. Labor governance in the field of physical culture and sport Until now, there is an ongoing debate on which area of law should govern the labor of athletes and coaches. There are three approaches to this issue: 1. Labor of athletes and coaches must be governed by solely labor legislation rules1; 2. Relations between professional athletes and coaches and sport clubs must be governed by solely civil legislation rules2. The representatives of this approach refer to the experience of Anglo-Saxon system of law, and state that no institution of labor law can adequately work in professional sport. 3. The compromising position3 that allows alternative regulation of labor of athletes by an employment contract or a civil contract. 1 See, for example: Gusov K., Shevchenko O. Sports law. Legal status of athletes, coaches, referees and other specialists in physical culture and sport: handbook second edition Moscow, 2012; Zaytsev Yu., Rogachev D. Everyday work in the world of sport: features of governing the labor of athletes and coaches. Moscow, 2012; Leonov A. Legal regulation of labor of athletes and coaches: problems and prospects of development: dissertation for Ph.D. (Law). Moscow., 2009 etc. 2 See, for example: Vaskevich V. Civil law regulation of relations in professional sport: dissertation for Ph.D. (Law). Kazan, 2006. 3 See, for example: Alexeev R. Sports law. Labor relations in sport: handbook/edited by P. Krasheninnikov. Moscow, 2013.

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In the Russian Federation, they supplemented the Labor Code of the Russian Federation (RFLC) with the special Chapter 54.1 to govern the labor of athletes and coaches, thereby giving priority to labor law. These innovations helped to establish the necessary legal mechanism to regulate the labor relations involving athletes and coaches. The rules of Chapter 54.1 form the basis of the legal regulation of these relations and are designed to solve a number of issues: • the conflicts between labor and civil law in terms of governing the relations between an employee (an athlete or a coach) and a sport organization (an employer) by entering into employment and civil contracts; • the application of regulatory acts of sport federations to athletes and coaches; • the termination of employment relations with athletes and coaches; • the inconsistency of the legal framework governing the labor of athletes and coaches with the globally prevailing social relations; and other problems1. According to Chapter 54.1, the provisions governing the labor of athletes and coaches shall be mainly applied to the athletes and coaches of team sports. This follows from the definition of athlete as an employee whose job is to train, to prepare for, and to participate in competitions in a particular sport(s); and from the definition of coach as an employee whose job is to carry out training activities with athletes, as well as to manage the competitive activities of athletes (part 1 Article 348.1 RFLC). It is clear that individual sports do not have such a qualification feature as training and preparation for competitions. An athlete trains either alone or supervised by a coach being an individual (part 2 Article 348.2 RFLC says that individuals who are not individual entrepreneurs shall not act as employers). Based on the above, there was established a practice of entering into employment contracts for team sports, and into civil contracts for individual sports. However, it is necessary to distinguish between the features of labor relations and civil relations involving athletes and coaches, because part 4 Article 11 and Article 19.1 RFLC provide for the possibility to recognize judicially the presence of employment relations between the parties which are formally bound by a civil contract, in which case the provisions of labor law shall apply. The Finding issued by the Constitution Court of the Russian Federation, dated May 19, 2009 No. 597-О-О2 says that the courts must proceed from the presence (or absence) of certain formal deeds (civil contracts, staffing and so on), and to establish whether there actually were the signs of employment relations and employment contract referred to in Articles 15 and 56 RFLC. 1 See Serdyukov A. Sports law as a complex area of legislation: dissertation for Ph.D. (Law). Moscow, 2010. 2 See Economy and Life. Supplement for Accountants. 2009. No. 38.

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Based on the mentioned rules, we will mark the following signs of labor relations: 1) the labor is done within the job according to the staffing approved by the employer; 2) the employee personally executes certain labor function. For an athlete, this function combines two elements — training/preparation and participation in competitions; 3) the employee works subject to the internal labor regulations; 4) the employer has the obligation to organize the labor of the employee, to create normal working conditions for the latter, and to ensure occupational safety and health; 5) the employer gets monthly salary for his/her labor. Thus, in the aggregation of all these features set forth in Article 15 RFLC, the parties have employment relations which should be executed and documented in employment contract. Should even one of the above features be absent, the relations can be governed by civil law. For example, if an athlete executes only one element of labor functions set out in Article 348.1 RFLC, i.e. participates in competitions while training on his/her own, then the rules of labor law can be waived of. However, many regulations of sport federations (e.g. the Regulations of the Football Union of Russia on the Status and Transition (Transfer) of Players; the Provision on the Status and Transition of Hockey Players, the Status of a Player in the Russian Basketball Federation, and so on) impose a duty on sport clubs to enter into employment contracts with athletes and coaches, and these contracts are subject to mandatory registration in the Federation. The absence of an employment contract involves non-admission of an athlete to participation in competitions. Thus, entering into an employment contract is mandatory for athletes and coaches. One must say that RFLC applies to other specialists in the sphere of physical culture and sport in a general manner, and the special labor-governing provisions are stipulated for athletes and coaches only. Athletes and coaches have a special labor-law status that can be characterized as follows (grounds for differentiation) 1) a significant personal factor. As a rule, athletes and coaches have unique skills (like creative workers), therefore, they are non-replaceable; 2) the specificity of the activity exercised by professional athlete and coach that they manifest individually or in a team; 3) the specificity of determining the salaries in professional sports. As a rule, the salary depends on the result of participation in the competitions; 4) significant risks of damage to professional athlete’s health; 5) special working conditions (non-standardized working hours, seasonal and (or) cyclical nature of the professional athlete’s and coach’s work,

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primarily because such works are bound to the international or national sport events); 6) additional responsibilities of professional athletes (the restriction of freedom to choose the conditions of rest, usage of personal non-property rights); 7) features of transition (transfer) of a professional athlete and coach to another job. Speaking about thee labor function of athlete and coach, one need to refer to the qualification and occupation standards. The Order issued by the Ministry of Health and Social Development of the Russian Federation, dated August 15, 2011, No. 916н1, approved the Unified skills guide for positions of managers, specialists and non-manual workers, section “Skills requirements to physical training and sports workers” (“EKC”). The skill requirements included into EKC contain the specific list of job duties in the field of physical culture and sport, take into consideration the features of the labor management, as well as the rights and responsibilities. These characteristics can be used to draw up job descriptions for the relevant employees. However, they are advisory in nature and are mainly used to provide benefits and compensation, while originally, they were also designed to perform a number of other functions in the organization and standardization of labor, wages, and training of human resources. Currently, the professional standards for physical culture and sport workers are as follows: “Athlete”2, “Training instructor of adaptive physical culture and sport”3, “Coach”4, “Organizing instructor of adaptive physical culture”5, “Organizing instructor”6. 1 See: the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated August 15, 2011, No. 916н “On Approving the Unified skills guide for positions of managers, specialists and non-manual workers, section “Skills requirements to physical training and sports workers” // Rossiyskaya gazeta (Российская газета, the Newspaper “Russian gazette”). 2011. No. 260. November 18. 2 See: the Order issued by the Ministry of Labor and Social Protection of the Russian Federation, No. 186н, dated April 7, 2014 // Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2014. No. 32. August 11 3 See: the Order issued by the Ministry of Labor and Social Protection of the Russian Federation, No. 528н, dated August 4, 2014 // Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2015. No. 4. January 26. 4 See: the Order issued by the Ministry of Labor and Social Protection of the Russian Federation, No. 193н, dated April 7, 2014 // Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2014. No. 41. October 13. 5 See: the Order issued by the Ministry of Labor and Social Protection of the Russian Federation, No. 526н, dated August 4, 2014 // Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2014. No. 51. December 22. 6 See: the Order issued by the Ministry of Labor and Social Protection of the Russian Federation, No. 630н, dated September 8, 2014 // Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2014. No. 51. December 22.

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Athletes and coaches are engaged to work on the basis of an employment contract (in 2 or 3 copies, one for each party, and the 3rd to be registered, if necessary, in the common Russian sport federation). The special feature of the labor regulation in question is that athlete and coach must comply with collective contracts, agreements, as well as the employer’s bylaws which shall be take into account the rules approved by the common Russian sport federations and the opinion of the elected body at the primary trade union organization. Every sport has regulatory acts. For example, the Regulation of the Football Union of Russia on the Status and Transition (Transfer) of Players in football; the Provision on the Status and Transition (Transfer) of Hockey Players; The Status of the Player in the Russian Basketball Federation in basketball, etc. Athletes and coaches must comply with these regulatory rules of the federations. It is allowed to establish the special working time for athletes and coaches; to engage them to work overtime, to work at night, on weekends and on public holidays; as well as special conditions of payment for work at night, on weekends and public holidays on a contractual basis or under local regulatory acts. Article 348.2 RFLC provides for the possibility to enter into contracts with athletes and coaches both for an indefinite period and for a fixed term (up to 5 years). The employment contract must specify the circumstances (reasons) for entering into a fixed-term contract (part 9 Article 57 RFLC). The employment contract with athletes and coaches must contain binding conditions set by Article 57 RFLC. With regard to the labor of this occupational category, one should clearly determine what is the place of work for the employee because the specificity of labor in this case is associated with all kinds of travels and training sessions in different geographical areas. The proper name of the place of work influences the need to formalize a business trip or traveling nature of work, as well as the temporary reassignment of the athlete. The employer is imposed on with the responsibility to ensure the training activities and participation of athlete in sport competitions under the guidance of coach (coaches). In turn, the athlete is obliged to observe the sport regime established by the employer, and to carry out plans of training and preparation for sport competitions; to take part in sport competitions only as directed by the employer; to observe the common Russian anti-doping rules and the anti-doping rules approved by the relevant international organizations, to pass a drug test, and to fulfil other duties provided for by Article 348.2 RFLC. Russian legislation does not provide for the definition for “sport regime”. Such regime can be described both in the text of the employment contract and in the employer’s bylaws, and can contain some restrictions for athlete (diet, maintaining the weight category, compliance with ethics in sport, compliance with the principle of fair play, avoiding the use of doping agents and

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(or) doping methods, compliance with the rules of morality and ethics both in personal and public life). Violation of the sport regime may be the ground for disciplinary liability and correspondingly lead to the dismissal. For instance, according to WADA1, athlete is forbidden to use doping agents and methods not only during the work, but also for the entire nonworking time during his/her sports career. Police officers shall have the right to test the athlete during his/her vacation. The special feature of employment contracts with athletes is that these contracts must comply with the regulatory rules adopted by the common Russian sport federations (part 3 Article 348.1 RFLC). For example, the FUR Regulations on the Status and Transition (Transfer) of Players stipulates the features that are different from the general provisions of the Labor Code of the Russian Federation in terms of the name of the position, the duration of the employment contract, the list of good reasons for termination of employment contract, and other conditions. Athletes are provided with mandatory preliminary (during employment), periodic (at least once a year), and extraordinary medical examinations (surveys) at the expense of the employer (Article 348.3 RFLC). The Order issued by the Ministry of Health and Social Development of the Russian Federation, dated August 9, 2010, No. 613н “On Approving the procedure to render medical aid during physical culture and sport events”2 approved the procedure to render medical aid during physical culture and sport events. Prior to entering into an employment contract, candidate for the athlete job shall be sent by the employer to the preliminary medical examination (Article 69, part 1 Article 348.3 RFLC). The purpose of examination in this case is to determine the compliance of state of human health with the job assigned to the candidate. The employer shall at its own expense arrange for compulsory medical examinations (surveys) of athletes. Athletes are required to take the specified medical examinations (surveys) and follow medical recommendations. Periodic medical examinations shall be conducted within the time limits established by the order issued by the employer, but not less than once a year. The employer is obliged to hold at the request of the athlete the early medical examinations (surveys) in accordance with medical recommendations. Athletes/candidates for athletes, during all types of medical examinations (preliminary, periodic, extraordinary) save their jobs (positions) and average earnings when taking the said examinations. The Labor Code of the Russian Federation legalized the current practice of so-called “lease” of athletes. Article 348.4 RFLC regulates temporary reas1 2

See: [Online resource] URL: http://www.rusada.ru/sportsman/documents/wac See: Rossiyskaya gazeta. 2010. No. 222. October 1.

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signment of an athlete with the latter’s written consent to other employer for the period not exceeding one year. The coaches do not fall within this rule. Temporary reassignment of athletes is only possible in the following cases: • when the employer is unable to ensure the participation of an athlete in sport events, • by agreement between the initial and future employers; • with the written consent of the athlete; • as already mentioned, for a period of up to one year. For the period of the temporary reassignment, the employer at the place of temporary work must enter with the athlete into a fixed-term employment contract in accordance with Article 348.2 RFLC. During the temporary reassignment, the initial period of the employment contract shall be suspended. RFLC defines such a suspension as the suspension of the rights and obligations of the parties to the employment contract, except for the conditions of part-time work (Article 348.7 RFLC). Upon expiration of the temporary reassignment, as well as in the event of an early termination of the employment contract on any of the grounds, the employee should be provided with the former place of work, and the contract entered into before shall be in effect in its entirety. In connection with the practice described in the regulatory acts of sport federations, the most common term is “transition” (“transfer”). The term is conditioned by the current practice of use thereof. But neither the Labor Code of the Russian Federation, nor the Federal Law “On Physical Culture and Sport” do contain the term of “transfer” or “transition”, using the term “reassignment” instead. Therefore, in order to correctly formalize the temporary transfer of an athlete to another employer (Article 348.4 RFLC), one should use the term “reassignment” following the above order. Article 348.5 RFLC regulates the suspension of athletes from work, which is characterized by the fact that the employee is not allowed to perform his/ her job duties, although he/she is not dismissed, and the employment relations continue. In addition to Article 76 RFLC, the employer must prevent the employee from participating in sport competitions: • in case of sports disqualification of the athlete; • as required by the common Russian sport federation on the relevant sport(s) in accordance with the rules approved by this federation. It should be noted that the employee shall not be allowed to participate in sport competitions for the whole period of time until the elimination of the circumstances giving rise to such suspension. As an athlete must participate in training and other activities in preparation for the sport competitions, he/she, during the period of his/her suspension from work, shall be charged and paid the salary at the amount determined by the employment contract, but not less than 2/3 of the tariff wage rate (salary) calculated in proportion to the time worked.

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Article 16 of the Federal Law, dated December 4, 2007 No. 329-FZ “On Physical Culture and Sport in the Russian Federation”1, says that sport federation shall carry out the formation, preparation and training of the Russian national sport teams in the relevant sports to participate in international sport competitions, and send these teams to participate in these competitions. The determination of the criteria and principles of formation of the Russian national teams are established in the Order issued by the Ministry of Sport, Tourism and Youth Politics of the Russian Federation, dated February 2, 2009, No. 21 “On Approving the General Principles and Criteria to make the lists of candidates for the members of the Russian Federation national sport teams, and the procedure to approve these lists”2. According to Article 348.6 RFLC, employer shall, upon calls (applications) from common Russian sport federations, send athletes and coaches with their written consent to the national sport teams of the Russian Federation to participate in training and other activities in preparation for sport competitions and to participate in official international sport events within these teams. In connection with the fulfilment of the obligation to participate in the national teams of Russia, athletes and coaches are provided with the following guarantees: • the preservation of place of work (job) and of average earnings for the period of absence from the workplace, including travel to the location of the Russian national sport team and back, as well as participation in sport activities; • reimbursement of costs of travel, accommodation, meals, medicines, vitamins and others related to participation in sport activities should be carried out in the manner prescribed by federal laws and other statutory legal acts of the Russian Federation, and the rules approved by the common Russian sport federations. The Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated May 27, 2010, No. 5253, approved the procedure of procurement, including the sport outfit, scientific, methodological and anti-doping for Russian national teams at the expense of the federal budget. The RFLC establishes certain restrictions on part-time work at other employers in the capacity of an athlete or a coach. Employees should receive the permission to work part-time from the employer at the principal place of work. The part-time work of athletes and coaches as other specialists is not limited. 1

See: Legislation Corpus of the Russian Federation. 2007. No. 50. December 10. Art. 6242. See: Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2009. No. 15. April 13. 3 See: Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2010. No. 30. July 26. 2

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As already mentioned, during the temporary reassignment of an athlete to other employer (Article 348.4 RFLC), the permission to part-time work should be received from both the former and the future employers. Athletes under the age of 14 years old, in order to enter into an employment contract, should: • pass the preliminary medical examination (survey), the procedure of which is determined by the Government of the Russian Federation; • receive the consent of one of his/her parents (guardians); • receive the permission of the body for guardianship and custody. In this case, the employment contract on behalf of the employee shall be signed by his/her parent (guardian). One shall note that athletes under the age of 18 years can be applied with temporary reassignment provided on a general basis (Article 348.4 RFLC). The duration of daily work for athletes under the age of 18 can be set by collective contracts, agreements, and local statutory acts (bylaws) subject to limited weekly working hours. Article 92 RFLC provides for shorter working hours for employees under 16 years old—maximum 24 hours per week; from 16 to 18 years old—maximum 35 hours per week; for students of educational institutions under the age of 18 years old—maximum half of the hours established by rules. The workers of the said field are allowed to be sent on official business trips, be engaged to work overtime, work at night, on weekends and on public holidays. To do this, collective contracts, by-laws, or the employment contract shall stipulate the appropriate working regime. In addition, excess in maximum allowable load for lifting and moving heavy loads by hands is allowed, if such an excess is necessary in accordance with the plan of training of an athlete to prepare for sport competitions and if the applied loads are not prohibited due to the athlete’s health state in accordance with medical opinion. RFLC allows excess in maximum allowable load for lifting and moving heavy loads by hands by female athletes subject to the following conditions: in accordance with the plan of training of the female athlete to prepare for sport competitions, and in accordance with medical opinion. Guarantees and compensations provided to athletes are summarized in the RFLC. The additional guarantees are stipulated by Article 348.10 RFLC and can be classified by the following criteria: 1) Procurement. The employer must, from his/her own funds, provide the athletes and coaches with sport outfit, equipment and gear, with other material-and-technical means necessary for them to carry out their labor activity, and also maintain such outfit, equipment, gear and means in a state fit for use. 2) Working and leisure time and leaves. Athletes and coaches shall be granted additional annual paid leave, the duration of which shall be determined by collective contracts, local statutory acts and employment contracts, but not less than four calendar days.

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3) Social support. In the period of temporary disability of an athlete caused by a sports injury suffered by him/her in the performance of duties under the employment contract, the employer must, from his/her own funds, give the athlete an additional payment to the temporary disability allowance to the amount of the average earnings in the event that the amount of such allowance is lower than the average earnings of the athlete and the difference between the amount of such allowance and the amount of the average earnings is not covered by the insurance payments under the additional insurance of the athlete carried out by the employer. 4) Arrangement of sport competitions. Non-inclusion by the employer of the athlete in the application for participation in a sport competition, including in connection with the fact that the athlete does not meet the requirements established by the organizer of the sport competition, shall not be the grounds for lowering the salary of the athlete. In such cases, the employer must ensure the participation of the athlete in educational-and-training and other activities for training and preparation for sport competitions. Considering the grounds for termination of an employment contract with an athlete and a coach, we shall note the following features. Athletes, coaches and their employers have the right to terminate the employment relations both on the general grounds specified in Article 77 RFLC and on additional grounds related to the specificity of the regulation of labor of athletes and coaches. Article 348.12 RFLC contains the peculiarities of procedure to terminate employment contract in this case. First of all, it should be noted that the said Article uses the term “termination of employment contract”. This means the cases of termination of employment relations on the initiative of one of the parties to the employment contract. In contrast to the general termination of employment contract by an employee (by his/her own volition), when an employee resigns by noticing the employer in writing for two weeks (Article 80 RFLC), an athlete or a coach shall have the right to terminate an employment contract on their own initiative (by their own volition) without good reason by notifying the employer in writing no later than one month, except in cases when the employment contract is concluded for less than four months. However, employment contracts concluded with certain categories of athletes or coaches may oblige employees to note their employers on termination of contracts within the period exceeding one month, if the rules approved by the common Russian sport federations in the relevant sport(s) for these categories of athletes or coaches have restrictions (conditions) of the transition to other sport clubs or other physical culture and sport organizations, that provide the periods to note on the transition within the periods exceeding one month. The duration of the term of the employment contract in this case is determined by the parties to the employment agreement in accordance with the rules approved by the common Russian sport federations. To date, the legislation has not resolved the question of which exactly categories of ath-

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letes and coaches, when entering into contracts, can include these conditions, which allows the introduction of such conditions into the contract with any athlete or coach. For example, such notice period is 9 months for hockey. The notice period maximum one year is provided for with a view to preservation of the stability of sport events, and their routine nature (matching the Universal Schedule of Interregional, Common Russian and International Physical Culture and Sport Activities, approved annually). At the same time, in accordance with RFLC, the parties to the employment contract reserve their right to an early termination of the employment contract by agreement of the parties, their right to unilateral termination of the employment contract in case of violation of labor legislation by the employer, etc. Article 348.12 RFLC contains the provisions on the possibility to include into the employment contract the obligations of the employee to make cash payment in the event of an early termination of employment relations without good reasons. This payment has the nature of compensation for the employer’s costs. However, in accordance with Article 164 RFLC, the compensations are the cash payments established for the purpose of reimbursement of the costs incurred by employees related to the fulfilment of their work or other responsibilities under the Russian Federation labor legislation. Thus, the legislator only defines compensation in terms of the payment to the employee and not to the employer. In addition, the amounts of compensations established today in professional sport do not respond to the second principle of the compensation stipulated by the RFLC, i.e. the proportionality of the costs recovery. However, the payments in question pursue the same aims as the compensation to the employee to be dismissed, and these payments are associated with the measures to protect the employer’s economic interests instead of social mechanism to protect the employee. At the same time, the legislation does not solve the problem of the amount and manner to calculate the compensations in question, nor the problem of the list of good reasons for relieving the employee from paying the compensation when terminating the employment contract. The Labor Code of the Russian Federation only determines partially the procedure of payment: an athlete is obliged to make a cash payment in favor of an employer within two months from the date of termination of the employment contract, unless otherwise provided for in the employment contract. In this regard, it seems correct, according to the things proposed by A. Leonov1, to establish the good reasons for terminating an employment contract on the initiative of an athlete (by his/her own volition) both in the bylaws and in the regulations of the sport federation.

1 See Leonov A. Legal regulation of labor of athletes and coaches: problems and prospects of development: dissertation for Ph.D. (Law). Moscow, 2009.

Chapter 2 GOVERNANCE OF THE ELEMENTS OF SPORT § 1. Sports. Sport disciplines To understand the types of sport (“sports”), it is important to define the concept of “sport”. Sport is a multifaceted concept having no common definition agreed on by scientists. Some sources define sport as a social institution of education that has the nature of a playing physical activity related to the comparison of the level of physical and mental abilities1. Sport is also understood as any physical activity having the nature of game and implying human struggle with himself/herself, with other people or natural elements2. Sport is also regarded as a playing activity aimed at discovering of human motor abilities in a competition3; or as a specialized physical education, aimed at mastering of individual motor activities4. Lack of common scientific opinion as to the concept of sport is due to a large time gap between the emergence of the first forms of conscious competitive activities and special training/preparation therefor at the early stages of development of culture; and the emergence of the term “sport” which, in addition to the designation of contemporary forms began to be used to indicate the first forms of conscious competitive activities5. After the new concept has appeared, all the pre-existing forms of competitive activity, often quite different from each other, began to unite and thereby significantly erode the content of the term. 1

See: Ponomaryov N. The said work. P. 6. Ibid. 3 See: Vydrin V. Basics of the Specialty: Handbook for Physical Culture Institutes. Moscow, 1980. P. 12. 4 See: Gurvich R., Morozov V. Methodological Grounds of Sociology of Physical Culture and Sport // Social Grounds of Physical Culture and Sport. Kyiv, 1973. P. 14. 5 See: Matveev L. Foundations of the General Theory of Sport and Athletes Training System. Kyiv, 1999. P. 25. 2

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Historically, since the appearance of the term in question, this term has not had a clear content. Divergent opinions about sport are often due to the fact that in each case researchers understand the term “sport” as one of its variants. Among the varieties, one can distinguish mass sport (“sport for all”) which is usually understood as participation in competitions in order to strengthen health, to have a rest, to entertain and to communicate; professional sport that unites people to solve business issues and that is subject to the laws of profit, spectacularity and advertising; Olympic sport that declares humanity, fair play, peace-making traditions and forming the philosophy of Olympism; elite sport (“sport of higher achievements”) that plays a major role in the cognition of the laws of functioning and development of the human body, revealing its reserves, research of the limits of perfection; adaptive sport (“sport for disabled people”), existing as means of social adaptation and integration of physically impaired people1. Among other things, the difficulty in defining the concept of sport is due to the fact that the subject matter of sport is studied by representatives of various arts and sciences each exploring its own aspect of competitive activity and training/preparation. A significant number of different sport definitions are referred to by V. Panachev who summarized over 200 definitions by way of ranging them into individual groups2 depending on the features that were used as bases for the definitions. The analysis shows that these groups and definitions express historical, economic, psychological, international, biological, communicative, educational, political and many other components and features of sport as a diverse complex phenomenon. And, if each of these definitions reveals the certain features or functions of sport, then each of these definitions reasonably plays its role in a particular scientific approach, but is seemingly inappropriate to make the universal definition of sport3. According to clause 12 Article 2 of the Federal Law, dated December 4, 2007, No. 329-FZ “On Physical Culture and Sport in the Russian Federation” (hereinafter — the Law «On Sport»), sport is a part of social and cultural activities considered as a number of sports established in the form of competitions and special preparation for these competitions. European Sports Statute defines “sport” as all forms of physical activity which, through casual or organized participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels. Sometimes, sport is also understood as physical culture (which is typical for non-Russian definitions), sometimes — only a part of physical culture 1 See: Ovchinnikova N. Legal regulation of professional sport in the Russian Federation (general law analysis): monograph. Vladimir City, 2008. P. 40. 2 See: Panachev V. The said work. P. 41 and 42. 3 See: Ovchinnikova N. The said work. P. 40.

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(which is typical for Soviet science and the principles of the Federal Law, dated April 29, 1999, No. 80-FZ “On Physical Culture and Sport in the Russian Federation”); and sometimes sport is defined as a phenomenon partially separated from physical culture, which is essentially set out in the current Law «On Sport». Now, we shall dig deeper into the definition of a sport which was provided for in clause 2 Article 2 of the Law «On Sport»: a sport is a part of sport activity recognized under the Law «On Sport» as a special field of social relations having its own special rules approved in the manner stipulated by the Federal Law; having its own activity environment; and having and using its own special gear (excluding safety equipment) and special equipment. This term is one of the key terms for the Russian laws on physical culture and sport. Sociology considers a sport as “a kind (type) of competitive activity formed during the development of sport, outpermanent with its specific subject of competition, with the list of permissible actions and methods of competition (sport technique and tactics), with the regulations of the competition, and with the criterion of the achieved result”1. It can be concluded that a sport has all features of sport activity, since it is a part of such activity. Also, it should be noted that a sport is reasonably called a separate sphere of social relations which was specially recognized as such by state (see further Article 21 of the Law «On Sport»). Finally, a sport should have two more mandatory features: the statutory regulation thereof (i.e. a sport must have its special rules), and identity (i.e. a sport must be unique and have its own inherent set of conditions to do this sport (activity environment, sport gear and sport equipment). Activity environment can be understood as the basic spatial and natural and other objective and physically determined characteristics of competitions for a particular sport, i.e. there are winter, summer, all-season sports; sports held only in rooms, on the water, on the ice, on the ground or in the air, on the highways, and so on. Sport gear can be understood as the personal property which is used individually by an athlete, by virtue of the rules of a sport, directly in competition (skis, balls, sticks, rackets, guns, etc.). It is not by accident that sport gear is often called as “personal use sport gear”2. Such understanding is reflected, for example, in different Russian state qualifiers (see., e.g., the Decision made by the Customs Union Commission, dated November 18, 2011, No. 850 “On the new version of the Customs Union’s Foreign Economic Activity Commodity Code Listing and the Customs Union’s Common Customs Tariff”, and the Foreign Economic Activity Commodity Code Listing 1

Cited by: Stolyarov V. The said work. P. 163. See, for example: the Order issued by the Ministry of Sport of the Russian Federation, dated August 26, 2009, No. 709 “On Approving the “Procurement List of Personal-Use Sports Uniform and Gear” (“Skeet Shooting” and “Rifle and Pistol Shooting”)”. 2

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of the Commonwealth of Independent States, etc.). However, on the basis of the data in these acts, it is sometimes difficult to clearly separate the sport gear from sport equipment. In this regard, it can be assumed that the equipment used for sport must be structurally designed for competitions and be used by virtue of the rules of a sport and (or) regulation (provisions) of the competition, by all or most of the participants thereof (net in football, crossbar, rings, etc.1). However, in such understanding of equipment, one can note a large convergence between the definition of sport equipment and the definition of sport objects (see clause 7 Article 2 of the Law «On Sport») or the individual elements of the sport object (for example, a facility for the pole vault; a temporary jumping hill, a fenced hockey playground in a sports palace, etc.). Perhaps, one should be guided by the Russian State Standard GOST P 52024-2003 “Physical Culture-Recreation and Sport Facilities. General Requirements” (the Resolution adopted by the Russian Federal Agency on Technical Regulating and Metrology, dated March 18, 2003, No. 80-ст): • “3.9 Sport equipment: Devices, apparatuses, facilities that equip the venues of competitions and training sessions. • 3.10 Sport kit and gear: Set of objects and instruments needed to equip the customer service process.” It should be specially noted that the sport gear and sport equipment are usually distinguished from sport outfit (uniform, gloves, shoes, and so on), so sport outfit cannot suffice for the separation of one sport from another. Separation of sport gear and equipment is typical for laws on physical culture and sport, as well as for other regulations, such as the Federal Law, dated November 24, 1995, No. 181-FZ “On Social Protection of the Disabled in the Russian Federation”, where Article 11.1 specifies the technical means for rehabilitation of disabled people impaired persons, in particular, a special fitness and sport equipment, and sport gear. In more details, the signs of sports are disclosed in the Order issued by the Ministry of Sport of the Russian Federation, dated September 2, 2013 No. 702 “On Approving the Procedure to recognize the sports, sport disciplines, and to include them into the common Russian Register of Sports, and the procedure of maintenance thereof”. According to the said subordinate act, a sport must simultaneously meet the following criteria: 1) a sport must comply with the objectives of physical culture and sport (including elite sport), in particular, to promote the physical and intellectual development of human capabilities, to improve human motor activity and to form healthy lifestyle; 1 See, for example: the Order issued by the Ministry of Sport of the Russian Federation, dated August 26, 2009, No. 709 “On Approving the “Procurement List of Personal-Use Sports Uniform and Gear” (“Skeet Shooting” and “Rifle and Pistol Shooting”)”.

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2) have the features of a sport, which include the rules (fundamentals) of sport, activity environment, sport gear (excluding the protective equipment) and equipment used, and the regularity of sport events; 3) the name of a new declared sport must be different from the names of sports recognized in the Russian Federation, and must comply with the content of the rules of the sport; 4) a sport, as well as a sport discipline1, cannot be recognized as such, if the competitions in the claimed sport (sport discipline) are not sport in their nature (no human participation, no competitions); the rules do not provide for the equal conditions for the participants of sport competitions; there are admitted cruelty to an opponent, disrespect to the audience, any other things that humiliate personal dignity, the propaganda of violence and cruelty, of social, racial, national, religious or other discrimination or intolerance and any forms of discrimination. The conditions of training and competition rules must not threaten life and health of those who do the sport; 5) the content of rules (fundamentals) of a claimed sport, the activity environment, and the used sport gear (excluding protective equipment) and the equipment must have significant differences from the same of other sports already recognized in the Russian Federation in the manner prescribed. As one can easily see, this Order issued by the Ministry of Sport of the Russian Federation has significantly expanded and clarified the list of attributes of a sport against the attributes directly specified in the Law «On Sport» (for example, the Order has added the requirement of regular sport events). It is possible to provide the following examples of exclusion of a sport from the common Russian Register of Sports. The Order issued by the Federal Agency for Physical Culture and Sport, dated March 26, 2007 No. 149, recognized poker as a sport and included it into the common Russian Register of Sports. However, the Order issued by the Ministry of Sport of the Russian Federation, dated July 20, 2009 No. 517, excluded poker from the Register, and poker was again considered as just a gambling game. Aside from the obvious and indisputable violations of the established procedure for the recognition of poker as a sport in 2007, one can also note that the rules of the sport poker clearly do not provide for equal playing conditions for competitors (it depends on a random handing of cards). In this regard, the said state decision was justified not only politically (the need to prevent the mass attempts of gambling businesses to “camouflage” gambling establishments as sport poker clubs), but also legally. 1 It should be noted that a claimed sports discipline cannot be recognized if this discipline has no significant differences in the content of the rules (basic principles), in the exercise environment, and in the used sport gear and equipment from a recognized sport discipline which is a part of a different sport.

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It would seem that the similar arguments could be used against bridge. However, in order to completely eliminate the influence of luck in the sport bridge, one and the same game situation shall be played by different participants at several tables, and afterwards, they compare the results and find out who has played better than anyone else in the same situation. This kind of bridge is also known as Duplicate Bridge. Since the element of luck is excluded here, the game is reasonably transferred from the category of a gambling game to the category of a sport. Sport bridge is officially recognized by the International Olympic Committee as a sport, and, along with chess, draughts, xiàngqí and go, was included into the Program of the First World Mind Games in Beijing in 2008. It should be noted that sports include military- and service-oriented sports, national sports, etc. There are other important differentiations: Olympic and non-Olympic sports; individual and team sports; motor (physical) and mind sports; animal and technique using sports; sports for physical impaired people, etc.1 For the procedure to recognize a sport (sport discipline) as such, it should be noted that such recognition can be initiated by: • a public organization established on a membership basis, whose statute provides its objective as the development of the claimed sport, except for military- and service-oriented sports and national sports; • an executive authority of the Russian Federation subordinate entity in the field of physical culture and sport — for national sports; • a federal executive body — for military- and service-oriented sports. The above-mentioned organizations shall submit an application with the Ministry of Sport of the Russian Federation in accordance with the manner prescribed2. In this case, the applicants must take into account that the claimed sport can be recognized as a sport discipline of the already recognized and existing sport, if the claimed sport has no significant differences from the already recognized and existing sport in terms of the content of rules (fundamentals), activity environment, and the sport gear and equipment used. In 2012, the Law «On Sport» introduced the definition of “basic sports” that are the sports included into the programs of the Olympic Games, Paralympic Games, as well as other sports developed by the Russian Federation subordinate entities in their respective territories, taking into account the existing historical traditions of the development of elite sport; taking into account the representation of athletes by the Russian subordinate entities as members 1

Further, see: Gik E., Gupalo E. Popular History of Sport. Moscow, 2007. P. 210–217. See: the Order issued by the Ministry of Sport of the Russian Federation, dated September 2, 2013, No. 702 “On Approving the Procedure to recognize the sports, sport disciplines, and to include them into the Common Russian Register of Sports, and the procedure of maintenance thereof”. 2

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of Russian national sport teams, and taking into account the participation of these teams in common Russian and international official sport events.” As agreed upon with the Russian Olympic and Paralympic Committees, the Ministry of Sport of the Russian Federation establishes the procedure to approve the basic sports1. The List of Basic Sports is approved for four years. The Order issued by the Ministry of Sport of the Russian Federation, dated February 14, 2014, No. 83, approved the list of sports for 2014–20182. In order to be included into the List, a sport shall have at least 40 points according to the following criteria: a) the general criteria: • the increasing number of athletes at the stages of improving the sport skills and higher sport skills in comparison with the previous year for the claimed sport (sports, or a group of sport disciplines) (maximum 10 points); • the existing long-term target program for training of sport reserves or sub-program (section) for training of sport reserve within a long-term target program for the development of physical culture and sport, approved by the supreme executive authority of the Russian Federation subordinate entity (maximum 10 points); • the proportion of athletes representing a Russian Federation subordinate entity that are included into the list of candidates for the national team of the Russian Federation in the relevant sport (sports or a group of sport disciplines) is at least 2% of the total number of athletes included into the said list (maximum 10 points); b) the optional criteria: • the athletes representing a Russian Federation subordinate entity were trained by organizations located in the territory of the Russian Federation subordinate entity in the claimed sport (sports or a group of sport disciplines), and had been included into the top five athletes upon the results of performances for the latest two years at Spartakiades for Students, Spartakiades for Russian Youth, Spartakiades for Russian Youth for Sport Schools, or Spartakiades for the Disabled (maximum 5 points); • in a Russian Federation subordinate entity, there are coaches, teachers and other professionals in the claimed sport (sports or a group 1 See: the Order issued by the Ministry of Sport of the Russian Federation, dated May 7, 2013, No. 244 “On the Procedure to Approve the List of the Basic Sports” (registered by the Ministry of Justice of the Russian Federation on August 2, 2013, No. 29239). 2 See: the Order issued by the Ministry of Sport of the Russian Federation, dated February 14, 2014, No. 83 (as of August 1, 2014) “On Approving the List of the Basic Sports for 2014 to 2018” (registered by the Ministry of Justice of the Russian Federation on March 13, 2014 No. 31594).

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of sport disciplines) engaged in sports training and having the skill level corresponding to the requirements specified by the Unified skills guide for positions of managers, specialists and non-manual workers1 (maximum 5 points); • in a Russian Federation subordinate entity there are the organizations for the claimed sport (sports or a group of sport disciplines) (maximum 5 points); • Russian Federation subordinate entity has the head coach of sport team of the Russian Federation subordinate entity for the claimed sport, and the regional program for the development of a claimed sport (maximum 5 points); • the Russian Federation subordinate entity has held official common Russian or international sport competitions in a claimed sport (sports or a group of sport disciplines) for the last 4 years (maximum 5 points). The application for the inclusion of a sport (sports or a group of sport disciplines) into the List, and the exclusion thereof shall be submitted to the Ministry of Sport of the Russian Federation not later than February 15 of the current year and shall be considered at the meeting held by the Commission not later than March 15 of the current year. A sport (sports or a group of sport disciplines) shall be excluded from the List at the application submitted by the executive authority of the Russian Federation subordinate entity in the field of physical culture and sport, or as determined by the Ministry of Sport of the Russian Federation. A sport (sports or a group of sport disciplines) shall be excluded from the List: • for the absence of growth in the number of athletes in the groups improving sport skills and groups of higher sport skills in the Russian Federation subordinate entity for two consecutive years in the relevant sport (sports or a group of sport disciplines); • failure to implement, during the year of a long-term target program for training of sport reserve or sub-program (section) for the training of sport reserve within the long-term target program for the development of physical culture and sport, approved by the supreme executive authority of the Russian Federation subordinate entity; • decline in the proportion of athletes of a Russian Federation subordinate entity that are included into the list of candidates for the national sport team of the Russian Federation in the relevant sport (sports or a group of sport disciplines) to less than 1% of the total number of the athletes included into this list. 1 See: the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated August 26, 2010, No. 761н (as of May 31, 2011) “On Approving the Unified skills guide for positions of managers, specialists and non-manual workers, section “Skill requirements to education workers” (registered by the Ministry of Justice of the Russian Federation on October 6, 2010 No. 18638).

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Sport organizations training sport reserve for the Russian Federation national teams in Russian Federation subordinate entities can be provided with a target financial support from the federal budget in accordance with the procedure stipulated by the Government of the Russian Federation1. Subsidies are provided for the purpose of co-funding of expenditure obligations of the Russian Federation subordinate entities to conduct training activities in the basic Olympic, Paralympic and Deaflympic sports; of expenditure obligations to provide food and accommodation for athletes during the contests of Russia; of expenditure obligations to advance and retrain the specialists in the field of physical culture and sport; and of expenditure obligations to buy sport and technological equipment, gear and outfit. Subsidies are provided within the budget allocations stipulated by the federal law on the federal budget for the relevant financial year and the planning period; and within the limits of budgetary obligations duly approved by the Ministry of Sport of the Russian Federation. Subsidy shall be granted on the basis of an agreement on the provision of subsidy entered into between the Ministry of Sport of the Russian Federation and the supreme executive authority of the Russian Federation subordinate entity.

§ 2. Governance of professional sport Today, the most important kind of sport is professional sport. The correct understanding thereof is of particular importance in the process of improving the legal regulation of social relations of the actors of professional sports activity. The concept of professional sport is directly linked to such varieties of sport as amateur and Olympic sport. At the same time, in addition to the said kinds, the science also knows other kinds of sport which were discussed above. However, in order to determine the inherent characteristics of professional sport, it is expedient to compare professional sport primarily with amateur and Olympic sport, because historically, the concept of professional sport was being formed as the opposition to amateur sport. 1 See: the Regulation issued by the Government of the Russian Federation, dated May 30, 2013 No. 456 (as of December 23, 2014) “On Approving the Rules to provide subsidies from the federal budget to the budgets of the Russian Federation subordinate entities in order to provide targeted money support to sport organizations training the sport reserve for the Russian Federation national teams”; and the Regulation issued by the Government of the Russian Federation, dated August 6, 2014 No. 776 (as of December 24, 2014) “On Approving the Rules to provide subsidies from the federal budget to the budgets of the Republic of Crimea and Sevastopol in order to provide targeted money support to sport organizations training the sport reserve for the Russian Federation national teams, within the sub-program “The Development of Elite Sport and Reserve Training System” within the state program of the Russian Federation “The Development of Physical Culture and Sport”.

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The signs that define the status of a professional athlete were periodically identified in the official documents of the IOC since the end of the XIX century. The first amateur sport criteria were published in the Bulletin of the IOC (1894, No. 1) and included a number of items, the most important of which defined an amateur as an individual who has never taken part in sport competitions that are open to all persons who consciously expressed their desire to take part in such competitions; an individual who has never competed for a financial prize from any other source; who has never participated in any competition with professionals; and who has never been a paid teacher or instructor in physical education. They also stipulated that a participant to Olympic Games cannot be an amateur in one sport and a professional in another one1. Further, the concept of amateurism began to be treated as a rule to admit athletes to the Olympic Games, and this rule was constantly evolving towards easing of restrictions for professional athletes. As a result, in 1974, the IOC allowed athletes to receive compensations for their wages for the period of their training and preparation for and participation in competitions, as well as to receive support to pay for food and accommodation, for transportation costs, sport gear and uniforms, insurance, cost of medical treatment, physiotherapy and coaches fees. It was stipulated that all these payments should only be made with the approval of the national sport organizations. Also, they permitted athletes being students to receive sport and academic scholarships. Since the election of Don Juan Antonio Samaranch as the President of the IOC (Moscow, 1980), there began a new phase of convergence of Olympic and professional sport. In 1981, at the IOC Executive Board meeting held in Baden-Baden (Germany), Samaranch said: “We cannot risk closing the admission to the Olympic Games for the athletes who participate in continental and global competitions organized by the international federations”. It was decided to establish a permanent commission for admission in order to solve this matter. By the late 1980s, the IOC’s position was such that the Olympic Games must be the competitions among the best athletes whether they are amateurs or not. They eliminated the restrictions on the funding of training, and the requirements for admission were reduced to “respect for the spirit of fair play, non-violence, and respect for the IOC Medical Code.” The main reason for changing the approach is the objective laws of development of sport. Furthermore, the IOC’s decision on the admission of professionals to the Olympic Games also promoted to the decision by the USSR on the professional status of sport. Professionalization of Olympic sports has had a great influencing the development of the global sport and sport in individual countries; has led to a serious modification of legal and organizational grounds of the Soviet, and, later, Russian sport. The economic independence given to the actors of sport activities has led to the establishment of professional 1

See: Professional Sport / edited by R. Guskov, V. Platonov. Kyiv, 2000. P. 71.

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associations, legally independent federations for sports; to the change in the status of professional clubs, and to the establishment of professional leagues. Under the current legal definition, professional sport is “a part of sport aimed at the arrangement and conduct of sport competitions, for the participation in and training/preparation for which athletes are rewarded by the organizers of such competitions, and (or) paid wages as for their main activity” (see Application). The science proposed to consider the following tendencies in the development of global professional sport1: 1) internationalization, 2) commercialization and Americanization, 3) strengthening the cooperation of sport and television, 4) strengthening the role of state in matters of legal regulation, 5) increasing wages of professional athletes, 6) strengthening the commercial interests of the owners of clubs and the commercial interests of athletes, 7) changes in the ownership form of clubs and teams, 8) the constant search for new sources of funding. It appears that there can be determined the following main features of professional sports in the world today: 1) professional sport is characteristic, as a rule, for the team game sports (football, hockey, basketball, volleyball, rugby, handball, etc.); 2) clubs “fix” the athletes (fix their sport club affiliation) in order to impede the transition of the athletes under the threat of financial and sport penalties until the expiration of their employment contracts; 3) dominance of professional sport by costs on salaries for athletes, coaches, and the transition thereof to a professional club; 4) extremely high salaries for professional athletes in top divisions (for example, in the KHL clubs in 2013, the average salary of the players was RUB 2.14 million per month; in the Russian Football Premier League in 2013, the corresponding figure was RUB 1.5 million per month; the part of the higher division athletes receive salaries amounting to several million euros per year, while in the second division clubs, the average salary of a player is about RUB 50 thousand per month). 5) as a rule, the priority of the application of labor law in the regulation of labor of professional athletes, with the features to be established in every sport by the corresponding non-state regulators; 6) establishment of mechanisms to compensate clubs for the training/preparation of a professional athlete by the subsequent club employing this athlete; 7) the cross-border regulation and the formation of the global market of labor of athletes through uniform rules of functioning in a particular sport 1 See: Pochinkin A. Becoming and Development of Professional Commercial Sport in Russia. Moscow, 2006.

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(uniform “transfer windows”, the maximum number of registrations per club during the season, and so on), with the attempts of many national sport federations to restrict the freedom of this market by introducing the limits for “mercenaries”, and by taking other steps; 8) one of the main tasks of professional sport is making profits, increasing the capitalization of clubs in order to attract new star athletes, and, respectively, increasing the income from participation in the competitions; 9) the frequency and duration of professional competitions (sports season) is several times higher than the same for elite sport (for example, the Russian Football Championship comprises 240 matches a year, and totally 10 matches of the main national team of Russia); 10) the widest media coverage and, at the same time, the extreme dependency of the development of professional sport economy on the media sphere; 11) the main classical (“non-toxic”, i.e. trouble-free) incomes for professional sport are incomes from media rights (TV, Internet, etc.), sponsorship, ticketing program, licensed program of merchandising and outfit; 12) the main “toxic” (in case of their critical proportions in the structure of the club’s incomes) incomes for professional sport are the loans, the major proceeds from owners, the budget allocations from the state or local authorities. This category of incomes is unstable, and distorts the sporting opportunities of clubs. These incomes are not welcomed by international sports regulators (for example, the regulator using the UEFA system related to financial fair play); 13) the complexity of the interaction of professional sport with elite sport, primarily with the institute of the national teams. This conflict has been simmering for decades because the majority of clubs prefer not to distract their players to other competitions, particularly with risk of traumas1; 14) the dependence of elite sport on professional sport in team gaming sports. Professional sport is the foundation for the team gaming sports in terms of training and selection of national teams. Players spend 80 to 95% of their training and gaming time in their clubs and in club competitions where they are noted by the coaching staffs of national teams and are invited by such coaches to defend the honor of the country in international competitions. In other words, professional sport takes on the essential function of selection and provision of elite sport with national talented people, if any; 1 Nevertheless, there is a growing interest in hockey clubs associated with the fact that the athlete has become a member of the Russian national team. Earlier, there arose a conflict with respect to not very high status of international competitions such as the European friendly tournaments (Euro Hockey Tours, whereas athletes were sent without any problems to the World Cup and Olympic Games. The conflict was about the athletes insurance costs (the total insurance of a Russian national team member does not include the full sum of expenses incurred by the club), secondment, outfit, and rehabilitation period in the event of injury (currently, all the expenses shall be borne by the employing club).

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15) the complexity of the interaction of professional sport with the sport training system (training of sport reserve). Clubs tend to be reluctant, and almost always under the pressure from above (for example, requested by the organizer of the competition), to create and maintain the functioning of youth sport (the reserve for their teams). It is easier and cheaper for the clubs, due to the global nature of both the global and the domestic market of labor of athletes, to “export” a ready athlete from abroad or from other region or other club. In this regard, there may be imbalances of supply and demand for young domestic athletes, and the problem of the quality of their training (moreover, there are emerging the countries exporting young players, and the countries stably importing such human resources because such countries have not created yet an effective system of national sport training demanded by their own clubs); 16) the dependence of the development of professional sport on the financial stability of professional sport clubs. It is the clubs that do maintain the level of professional sport competitions and bear the main costs on the conduct of such competitions; 17) professional sport is similar to elite sport in a number of features that we do not distinguish in this case as unique ones: high costs, full employment of an athlete, a strong visual appeal of sport events, etc. The professional component of modern sport, despite the impressive scope of the held mass sport events, is only in its infancy, which entails absence of a comprehensive legal support for all aspects of the activities carried out by the professional sport actors in the Russian Federation. However, the regulatory support for this activity has for a long time been carried out according to the general concepts of sport and physical culture, has been dependent on the attitude of government towards professional basis of sport, on economic development of society, and on other factors. The existing regulation of professional sport does not allow to fully develop professional sport in the Russian Federation. In the future, we should understand the essential features of the phenomenon in question, and the challenges before the professional sport put by society and state.

§ 3. Governance of mass sport It appears that the intersection area of the concepts of “sport” and “physical culture” can be depicted in the form of such an interesting phenomenon as mass sport. According to clause 4 Article 2 of the Law «On Sport», mass sport is a part of sport aimed at physical education and physical development of citizens by means of organizing and carrying out mass and/or individual physical activities, as well as taking part in physical culture events and mass sport events. The term “mass sport” is one of the most demanded terms in the Russian legislation, in the various program documents and monitoring assessments of the current state of physical culture and sport in Russia as a whole.

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It should be noted that the content of this definition combines inconsistent elements of sport and physical culture which do not have any competitive component. Therefore, it is wrong to call mass sport as only a part of sport. Due to the fact that Article 2 of the Law «On Sport» does not directly provide for paired comprehensive categories (e.g., “professional sport — amateur sport”), it is not entirely clear whether one can talk about conditional opposition of mass sport to elite sport and (or) to professional sport. It seems that the shrewdest view to the breaking down of sport into mass sport and elite sport is the classification by the following criteria: specialization of athletes, including by their training; the arrangement of exactly mass sport events in mass sport (further, this term is not defined in the law), the admission to which is extremely and intentionally easy, and which, as a rule, do not require special expenses of their participants. This is the main purpose of mass sport — the maximum coverage of population with sport and physical activity, usually at the expense of state, municipalities or other organizers of the respective events. Since both mass sport and elite sport are characterized by regulation, entertaining component, arrangement of common Russian and even international events, these circumstances may not suffice to separate mass sport. It should be noted that mass sport is being developed mainly at the lowest level that is maximum close to the population — the local level, that is, as a rule, educational institutions, workplaces and places of residence. It should be noted that mass sport is supported by the Strategy of the Development of physical culture and sport in the Russian Federation up to 20201, and the Concept of the Federal Target Program “The Development of Physical Culture and Sport in the Russian Federation”2. As noted in the said concept, in recent years, at all levels of government, there is being a growing awareness of the need to address the problems of supporting mass sport and organizing the promotion of physical culture and sport as an integral part of healthy lifestyle and development of elite sport. There is no doubt that in order to improve health, well-being and quality of life, one should focus governmental and public institutions on the revival of mass sport and mass physical culture. Statistics show that at present the Russian Federation is far behind in terms of regular physical training activities from the developed countries in which up to 40—50% of the population constantly do physical exercises, against just about 11% in the Russian Federation. 1 See: the Ordinance issued by the Government of the Russian Federation, dated August 7, 2009 No. 1101-р “On Approving the Strategy of Development of Physical Culture and Sport in the Russian Federation up to 2020”. 2 See: the Ordinance issued by the Government of the Russian Federation, dated January 2, 2014 No. 2-р “On Approving the Concept of the Federal Target Program “The Development of Physical Culture and Sport in the Russian Federation for 2016 to 2020” // Reference legal system Consultant Plus.

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In addition, the need for state intervention into inculcation of demand for physical exercises in the broad masses of citizens is witnessed by social and demographic statistics. The indicators of health and physical fitness of children, young people and conscripts, the number of smokers in Russia, the growing percent of alcoholics and drug addicted say about the urgency of the problem of mass sport development. According to international organizations, the Russian Federation is at the 143th place in the world (along with the poorest countries of Africa and Asia) in terms of life expectancy (67 years). Whereas, in Australia, in the United Kingdom, and in other developed countries which implemented targeted programs in the field of physical education, the life expectancy is close to 80 years.

§ 4. Governance of youth and student sport Currently, there have been taken effective steps towards the development of youth, school and university sports, which significantly improved the overall state of these kinds of sport. The today’s state policy in the sphere of physical culture and sport is aimed at increasing the interest of the population in regular physical culture and sports, and at the promotion of sport as the basis for healthy lifestyle. In the medium and longer term, there is assigned the task to increase social involvement into regular sport exercises. This requires to significantly increase the provision of the population with the objects of cultural and sport infrastructure, to develop social programs to provide beneficial and free-ofcharge sport activities for low-income citizens and the disabled people, as well as to wider promote the values of physical culture1. In 2011, they adopted the Federal Law “On Amending the Federal Law “On Physical Culture and Sport in the Russian Federation” and Article 16 of the Federal Law “On Higher and Post-Graduate Vocational Education”2. This law is aimed at the development of student and school sport in Russia. The Law «On Sport» has supplemented the powers of the Russian Federation and its subordinate entities in this area with the provisions on the promotion of student and school sport. Among the actors of physical culture and sport are student sport leagues and the Russian Students Sports Union. School sport is a part of sport aimed at physical education and physical training of students at general education institutions, training them for participation, and their participation in physical culture and sport events, including the official ones. 1 See: the Ordinance issued by the Government of the Russian Federation, dated September 6, 2011 No. 1540-р (as of December 26, 2014 “On Approving the Strategy of the Social and Economic Development of the Central Federal Circuit up to 2020”. 2 See: the Federal Law, dated December 3, 2011 No. 384-ФЗ (as of December 29, 2012) “On Amending the Federal Law “On Physical Culture and Sport in the Russian Federation” and Article 16 of the Federal Law “On Higher and Post-Graduate Vocational Education”.

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Student sport is a part of sport aimed at physical education and physical training of students at vocational institutions of higher and secondary education, their training and preparation for participation and their participation in physical culture and sport events, including the official ones. The legal definition of youth sport is not provided for by the current laws, whereas the Law «On Sport» does mention the term “youth sport”, as well as youth competitions carried out at the level of youth sport. The sport of this type has a special structure and now includes a set of rules regulating the corresponding area. The cooperation of the Ministry of Sports and the Ministry of Education of the Russian Federation ensures the continuity of additional general education programs (additional general development programs and additional pre-professional programs) and sport training programs. Such a continuity is provided for in Article 84 of the Federal Law, dated December 29, 2012, No. 273-FZ “On Education in the Russian Federation”. It is the first time when the Ministry of Sport of the Russian Federation has received additional authority to regulate education, training and methodological activities in educational institutions in the field of physical culture and sport regardless of the departmental subordination and forms of ownership of these institutions. One of the aims of implementation of the state policy in the development of additional education system is general education activity under additional general education programs, including the program aimed at training of sport reserve and athletes of high class1. The legal status of the school and student sport clubs and the procedure of their activity are determined in accordance with Article 28 of the Law «On Sport». In accordance with part 3, Article 28 of the Law «On Sport», in order to involve students into physical culture and sport, to develop and promote school and university sport, the general education institutions that implement general educational programs for general primary, basic, secondary, secondary vocational and higher education, and (or) students at these institutions can establish school and student sport clubs (including public alliances) which are not legal entities. The activities of such sport clubs are carried out in the manner prescribed by the Ministry of Education and Science of the Russian Federation2. Arrangement of physical training and education at the educational institutions includes: 1 See: Korolyova Ya. GTO: Ready for Labor and Education! The Ministry of Sport to Outline the Prospects of the Development // Manager of budget-funded organization. 2014. No. 7. P. 27–36. 2 See: the Order issued by the Ministry of Education and Science of the Russian Federation, dated September 13, 2013, No. 1065 “On Approving the procedure to arrange the activity of school and students sport clubs” (registered by the Ministry of Justice of the Russian Federation on October 22, 2013, No. 30235).

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1) holding the mandatory physical education and sport activities within the basic educational programs, as well as additional (optional) physical culture and sport activities within the additional general education programs; 2) creating the conditions, including provision with1 sport gear and equipment for comprehensive physical culture and sports training of students; 3) implanting the physical training skills among students based on their individual abilities and health, creating the conditions for involvement of students into physical education and sport; 4) holding the physical culture activities during training sessions; 5) conducting the medical supervision of physical education institutions; 6) teaching the parents (or persons substituting them) the responsible attitude to their children’s health and physical education; 7) holding the annual monitoring of physical fitness and physical development of students; 8) promoting the arrangement and conduct of sport events that involve students; 9) promoting the development and growth in popularity of school and university sport; 10) participation of students in international sport events, including World Universiades and official sport competitions. It has become a tradition to hold Spartakiades among the Russian Federation students that involve about eight million students. The program of local mass competitions among the students of educational institutions, except for spartakiade sports, included sports gaming competitions: “Leather Ball”, “Fast Ski Track”, “Silver Ice Skates”, “Golden Puck”, “Youth Studs”, “Flying Ball”, “Mini-Basketball”, “Mini-Football”, “White Rook”, “Wonderful Draughts” (in Russian «Кожаный мяч», «Быстрая лыжня», «Серебряные коньки», «Золотая шайба», «Шиповка юных», «Летающий мяч», «Мини-баскетбол», «Мини-футбол», «Белая ладья», «Чудо-шашки» respectively), cross-country races, relay races, runs, etc. In addition, each Russian Federation subordinate entity organizes its regional events. It should also be noted that, in order to further improve the state policy in the field of physical culture and sport, to create an effective system of physical education aimed at human development and health promotion, on September 1, 2014, the Russian Federation introduced the common Russian Physical 1 The Indicative list and specification of modern sport equipment and gear for gymnasiums and facilities in state and municipal general education institutions is prepared as a part of the implementation of the Instruction issued by the Government of the Russian Federation, dated September 30, 2011 No. ВП-П16-6917. See also: the Letter issued by the Ministry of Education and Science of the Russian Federation, dated May 16, 2012 No. МД-520/19 “On Equipment for Gymnasiums and Facilities in General Educational Institutions” (together with the Indicative list and specification of modern sport equipment and gear for gymnasiums and facilities in state and municipal general education institutions).

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Culture and Sport Complex “Ready for Labor and Defense” («Готов к труду и обороне», ‘Gotov k Trudu i Oborone’) (GTO) — the program and regulatory framework for the physical education of the population. The Regulation issued by the Government of the Russian Federation, dated June 11, 2014, No. 540, approved the Provision on GTO1. For the further development of youth, school and university sports in Russia, it is necessary to establish an effective system for organizing and funding of these sports.

§ 5. Governance of adaptive physical culture and sport The recent decades, adaptive physical culture and sport for the disabled is being paid more and more attention in the Russian Federation; however, not all regions develop this trend at a sufficient level, and in some places, adaptive physical culture and sport are episodic and unsystematic. There is no coherent system of interaction of all executive bodies in charge of social adaptation of the disabled and physically impaired persons. In some regions, there is a lack of sport facilities provided with infrastructure for physically impaired persons, and this lack of specially equipped sport facilities prevents from holding comprehensive training sessions and competitions for the disabled2. Despite the fact that the Law «On Sport» has a separate Article 31 devoted to adaptive physical education, physical rehabilitation of disabled and physically impaired persons, there is still no mandatory subordinate act to implement this provision. There are only the guidance documents, such as Methodological recommendations on the establishment of adaptive physical culture and adaptive sport, contained in the Letter, issued by the Ministry of Sport of the Russian Federation, dated March 21, 2008, No. ЮА-02-07/912, Methodological recommendations issued by the Ministry of Sport of the Russian Federation to organize sport training3, and Methodological recommendations to develop adaptive physical culture and sport in the Russian Federation subordinate entities and in the territory of the municipalities, taking into account the best positive practices of the Russian Federation subordinate entities and international experience. For the Law «On Sport», one should start with the definition contained therein: “Physical rehabilitation is the recovery (including correction and compensation) of defected or temporarily lost physical functions and abilities 1 See: the Regulation issued by the Government of the Russian Federation, dated June 11, 2014, No. 540 “On Approving the Provision On the Common Russian Physical Culture and Sport Complex “Ready for Labor and Defense” (GTO)”. 2 See: Kravchekno R. Development of Adaptive Physical Culture // Physical culture and sport institutions: accountancy and taxation. 2014. No. 5. P. 13–21. 3 See: the Letter issued by the Ministry of Sport of the Russian Federation, dated May 12, 2014 No. ВМ-04-10/2554 “On the direction of the Methodical recommendations to organize sport training in the Russian Federation”.

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to do social and professional activities for disabled and physically impaired persons by using methods of adaptive physical culture and adaptive sports aimed at elimination or fullest possible compensation for life activity limits resulting from damage to health”. Article 31 of the Law «On Sport» provides for the fundamental rules governing physical rehabilitation and social adaptation of disabled and physically impaired persons by methods of adaptive physical culture and adaptive sport. Physical rehabilitation and social adaptation are carried out at rehabilitation centers, physical culture and sport centers for disabled persons, and organizations for physical culture and sport. Adaptive physical culture is a constituent element of physical culture using the system of efficient facilities for physical rehabilitation of disabled and physically impaired persons. Sport of disabled athletes (adaptive sport) is aimed at social adaptation and physical rehabilitation of disabled and physically impaired persons. Development of sport of disabled and physically impaired persons is based on principles of priority, mass distribution and accessibility of sport activities. The disabled and physically impaired persons attending relevant educational institutions are provided with activities using the means of adaptive physical culture and adaptive sport taking into consideration the individual abilities and health condition of such students. The Federal executive authority in the field of physical culture and sport, executive authorities of the Russian Federation subordinate entities, municipal authorities, in conjunction with public alliances of disabled persons promote integration of disabled and physically impaired persons into the system of physical culture, physical training and sport by virtue of organizations for physical culture and sport. The federal executive body in the field of physical culture and sport, executive bodies of subordinate entities of the Russian Federation, municipal authorities and organizations for physical culture and sport, including unions of disabled persons for physical culture and sport, organize physical culture events and sport events with the participation of disabled and physically impaired persons, organize adaptive sport schools for children and juniors and adaptive physical training clubs for children and juniors. Educational institutions can create affiliated organizations, departments and structure subdivisions for adaptive sport. According to Article 38 (clause 2 part 1), the support of the Russian Federation national teams of disabled athletes, including funding their training and preparation for common Russian and international sport events, Paralympic games, Deaflympic games, World Special Olympic games, and the participation in such events. The disabled and physically impaired persons having sport training are provided for with the special federal standards of sports training (part 4. Article 33 of the Law «On Sport»).

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These standards specify the groups to which the athletes are attributed depending on the degree of their functionalities that are required for certain adaptive sports discipline of the adaptive sport. The functional groups are indicated in the special federal standards of sport training and are divided into three groups. The Group III in terms of functionality is recommended to include the individuals whose functionalities required for a specific sport are slightly limited, and therefore such individuals need for relatively less physical assistance during training sessions or participation in sport competitions. The Group II includes the individuals whose functionalities required for a specific sport are limited with fairly severe defects. The Group I includes the individuals whose functionalities required for a specific sport are limited considerably, therefore such individuals need physical assistance during training sessions or participation in sport competitions. Classification of athletes by the degree of their functionalities for a specific sport is recommended to be established by the administrative act of an organization engaged in sports training once a year (before the start of training sessions). To classify the group by the degree of functionality of an athlete having the defects of the musculoskeletal system, it is proposed to form a commission which is recommended to comprise the head of the organization, the head coach teacher for adaptive physical culture, a coach teacher for adaptive physical culture and sport, and a physician (neurologist, traumatologist, and, if necessary, ophthalmologist). If an athlete has already been assigned the Class approved by the Classification Commission of the Russian Federation subordinate entity, by the commission of a sport federation for the disabled people at the Russian level, or by an international commission, then it is proposed to attribute the athlete to the group by the degree of his/her functionality based on the classification used by the relevant commission. When the individuals different in age, functional class or level of their sport fitness are united into the one sport training group, it is not recommended to exceed the difference in the degree of functionalities by more than three functional classes, and it is not recommended to exceed the difference in the level of sports readiness by more than two sports categories (ranks). In team gaming sports, recruitment of training groups is recommended taking into account the composition of functional classes in the team in accordance with the rules of the competitions. At all stages of sport training, in addition to the head coach and coach teacher, there can be engaged both coach teachers in the related sports and the experts directly providing the sports training, including psychologists, sighted guides, sign language interpreters and other specialists — in accordance with the requirements of special federal standards for sports training.

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The organizations engaged in educational activities organize for students with disabilities, disabled children and adults, the educational process under the additional general education programs, taking into account special features of these categories of students. The organizations engaged in education activities must create special conditions without which it is impossible or difficult to master the additional general education programs for these categories of students in accordance with the opinion issued by psychological-medicalpedagogical commission and the individual program to rehabilitate disabled children and adults1. The special conditions for additional education for physically impaired students and for disabled children and adults are understood as the conditions of training, education and development of such students, including the use of special education programs and methods of training and education; special handbooks, textbooks and teaching materials; special technical means of training for the collective and individual use; the rendition of services of assistant to provide the students with the necessary technical support; the conduct of group and individual rehabilitative training sessions; the provision with the access to the buildings of the organizations engaged in educational activities; and other conditions without which it is impossible or difficult to master the educational programs for physically impaired students, disabled children and adults2. Taking into account the special needs of physically impaired students and disabled children and adults, the organizations engaged in educational activities provide educational and lecture materials in electronic form. Physical rehabilitation and social adaptation of the disabled and physically impaired persons, using the methods of adaptive physical culture and adaptive sports, can also be carried out at rehabilitation centers, sport clubs and sport organizations. The Order issued by the Ministry of Sport of the Russian Federation, dated September 12, 2013, No. 730, approved the federal state requirements to the minimum of the content, structure, the conditions of the implementation of the additional pre-professional programs in the field of physical culture and sport, and to the terms of training under these programs3. 1 See: Clause 18, the Order issued by the Ministry of Education and Science of the Russian Federation, dated August 29, 2013 No. 1008 “On Approving the Procedure to organize and implement educational activity under additional general education programs (registered by the Ministry of Justice of the Russian Federation on November 27, 2013 No. 30468). 2 See: Part 3 Article 79 of the Federal Law, dated December 29, 2012 No. 273-ФЗ “On Education in the Russian Federation” (as of February 3, 2014). 3 See: the Order issued by the Ministry of Sport of the Russian Federation, dated September 12, 2013 No. 730 “On Approving the federal state requirements to the minimum of the content, structure, the conditions of the implementation of the additional pre-professional programs in the field of physical culture and sport, and to the terms of training under these programs” (registered by the Ministry of Justice of the Russian Federation on December 2, 2013, No. 30530).

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§ 6. Governance of military- and service-oriented sports The development of military-oriented sports primarily for the preparation of Russian citizens to defend the Fatherland is provided for by Article 29 of the Law «On Sport». According to the legislative definition, military- and serviceoriented sports are, on the one hand, the part of the relevant profession, the means of improving professional skills, and, on the other hand, the necessary condition for the exercise of professional activities within the military or law enforcement service. The Law «On Sport» also determines the powers of the Russian Federation authorities which include the training of military personnel and persons undergoing a special service, for military- and service-oriented sports. The list below1 specifies the federal executive authorities whose competence includes military service and the service equated therewith: 1) Ministry of Internal Affairs of the Russian Federation 2) Ministry of Defense of the Russian Federation 3) Federal Security Agency of the Russian Federation 4) Federal Protection Agency of the Russian Federation 5) Foreign Intelligence Agency of the Russian Federation 6) Federal Penitentiary Service of the Russian Federation 7) Ministry of the Russian Federation for Affairs for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters (EMERCOM) These bodies, in order to encourage military servants and persons undergoing special service, to regularly exercise sport activities, to establish and operate sport clubs, social and state organizations developing the appropriate military- and service-oriented sports and training of athletes. Also, these organizations carry out the training process, create training conditions for military personnel and for persons undergoing special service to do sports at the respective sports facilities; carry out training and preparation of athletes for common Russian sport events and international sport events; take steps to improve the qualification of coaches and other specialists in the field of physical culture and sport. The federal executive bodies managing the development of military- and service-oriented sports, form sport teams in the respective military- and service-oriented sports for the participation at the common Russian sport events and international sport events. The scheduled calendar plans of physical culture and sport activities, as well as the development programs for military- and service-oriented sports 1 See: the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated December 20, 2004, No. 317 “On Approving the Procedure to maintain the special segment in the Federal Register of the persons entitled to receive state social support” (registered by the Ministry of Justice of the Russian Federation on December 31, 2004 No. 6257).

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are approved by the federal executive bodies managing the development of these sports. Programs for physical training1 of the citizens of pre-conscription and conscription age, and the list of sports to support such preparation are determined by the federal executive body responsible for the development and implementation of the state policy, and for statutory legal regulation in the field of defense. The physical training/preparation of the citizens to defend the Fatherland can be carried out on the basis of agreements between the mentioned federal executive body and sport organizations, or defense sportstechnical organizations. The list of military- and service-oriented sports, and the bodies managing the development of these sports, shall be determined by the Government of the Russian Federation2. For example, service-oriented sports include lifesaving sport which is developed by EMERCOM. With respect to the military-oriented sports, it should be clarified that, in accordance with the Federal Law “On Military Duty and Military Service”3, the voluntary preparation of a citizen to military service provides for military-oriented sports. Furthermore, the citizens to be called up for military service, shall have the right to engage in military-oriented sports within public alliances, educational institutions, sport clubs and other clubs regardless of their affiliation. Sport training of citizens who are assigned the sports category of the candidate for Master of Sports in the established manner, the first sports category, or a sport rank in a military-oriented sport, shall be considered by draft commissions in determining the type and kind of the Armed Forces of the Russian Federation and other troops, the military formations and the bodies where the citizens will undergo military service by call-up. Sport competitions in military-oriented sports are conducted in accordance with the rules of the sport, as well as the provisions and regulations of the competitions. The rules of military- and service-oriented sports are developed in the manner established by the federal executive body authorized by the Government of the Russian Federation4. 1

See: the Order issued by the Ministry of Defense of the Russian Federation, dated April 21, 2009 No. 200 (as of July 31, 2013) “On Approving the Manual on Physical Training in the Armed Forces of the Russian Federation” (registered by the Ministry of Justice of the Russian Federation on June 30, 2009 No. 14175). 2 See: the Regulation issued by the Government of the Russian Federation, dated August 20, 2009, No. 695 (as of September 2, 2010) “On Approving the List of military- and serviceoriented sports and federal executive authorities managing the development of these sports”. 3 See the Federal Law, dated March 28, 1998, No. 53-ФЗ (as of March 30, 2015) “On Military Duty and Military Service”. 4 See: the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated January 25, 2010 No. 27 «On Approving the Procedure to Prepare the Rules of Militaryand Service-Oriented Sports” (registered by the Ministry of Justice of the Russian Federation on February 8, 2010 No. 16288).

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The Order issued by the Ministry of Sport of the Russian Federation, dated May 21, 2014, No. 341, approved the Rules of the military-oriented sport “Military-oriented sport”1. The Order issued by the Ministry of Sport of the Russian Federation, dated September 12, 2013, No. 730, approved the Federal state requirements to the minimum of the content, structure, the conditions of the implementation of the additional pre-professional programs in the field of physical culture and sport2.

1 See: the Order issued by the Ministry of Sport of the Russian Federation, dated May 21, 2014 No. 341 “On Approving the rules of the military-oriented sport “Military-oriented sport”. 2 See the Order issued by the Ministry of Sport of the Russian Federation, dated September 12, 2013 No. 730 “On Approving the federal state requirements to the minimum of the content, structure, the conditions of the implementation of the additional pre-professional programs in the field of physical culture and sport, and to the terms of training under these programs” (registered by the Ministry of Justice of the Russian Federation on December 2, 2013, No. 30530).

Chapter 3 ACTORS OF SPORT § 1. Legal status of sport federations. Types of sport federations (associations), their objectives. Development and management of a sport as the basic activity of sport federations International sport federations (associations) are the central link in the sport administration system and are responsible for the integrity of the development of a sport at the international level. It is possible to divide the international sport federations (associations) into two groups: 1) sport federations (associations) by sports that are included into the Olympic program, 2) sport federations (associations) by sports that are not included into the Olympic program. International Sport federation is an international non-governmental organization in the field of physical culture, physical education and sport. Some international sport federations are recognized by the International Olympic Committee as managing one or more sport(s) at the global level1. National federations (associations) are the administrators of the international sport federations for achievement of the main objective — the development of the relevant sport, that manage such sports, and these national federations (associations) are connected with such international sport federations. International sport federations (associations) for Olympic sports, while maintaining independence and autonomy in the management of their sport, for the recognition by the IOC, must be sure that their statutes, practices and activities are generally in line with the Olympic Charter. 1 See [Online resource] URL: http://www.olympic.org/content/the-ioc/governance/international-federations/

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The main objective of an international sport federation (association)1 is to promote of a sport(s), as well as to manage and control over the activities in the relevant field of sport. International sport federations, due to the existing differences in the scope of the development of a sport and activity, can generally be divided into the following types: 1. World (global) international sport federations, such as International Federation of Association Football (FIFA), International Ice Hockey Federation (IIHF), International Basketball Federation (FIBA), International Association of Athletics Federations (IAAF), International Ski Federation (FIS), etc. 1.1. Regional international sport federations, such as Union of European Football Associations (UEFA) and all the confederations that are parts of FIFA. 2. National sport federations (associations), such as Football Union of Russia, Russian Ice Hockey Federation, Russian Ski Association, Russian Basketball Federation, etc. 2.2. The domestic law of the country in which the national sport federation (association) operates, can provide for the internal separation, as it is in the Russian Federation in accordance with the Federal Law, dated December 4, 2007, No. 329-FZ “On Physical Culture and Sport in the Russian Federation” (hereinafter — the Law “On Sport”)2. The main objectives pursued by the International Ski Federation are as follows: • to promote the sport of skiing and to supervise and direct the development of all skiing activities; • to establish and maintain friendly relations with and between the Member Associations; • to support within its possibilities the objectives of Member Associations; • to promote the cooperation and mutual understanding between athletes from all countries; • to organize World Ski Championships, World and Continental Cups, as well as other competitions which are approved by the Congress or the Council; • to establish Rules for all ski competitions approved by the FIS; • to recognize only those international competitions which comply with the Statutes and Rules of the FIS and to ensure that those Statutes and Rules are observed at such competitions; 1 As an example, one can refer to the Statute of the International Sport Federation: FIS Statutes [Online resource] URL: http://www.fisski.com/mm/Document/documentlibrary/Statutes/02/03/06/statutes-2012-complete_Neutral.pdf 2 Sport federations: common Russian, regional and local.

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• to fight against doping in the sport of skiing and implement Anti-Doping Rules in accordance with the World Anti-Doping Code to do so; • to serve as the highest court of appeal for protests and other legal questions concerning international ski competitions and for all questions concerning FIS Rules; • to take all possible steps to avoid accidents; • to take into consideration the protection of environment. To compare, the objectives of one of the major international sport organizations, FIFA1, are as follows: • to improve the game of football constantly and promote it globally in the light of its unifying, educational, cultural and humanitarian values, particularly through youth and development programs; • to organize its own international competitions; • to draw up regulations and provisions and ensure their enforcement; • to control every type of Association Football by taking appropriate steps to prevent infringements of the Statutes, regulations or decisions of FIFA or of the Laws of the Game; • to prevent all methods or practices which might jeopardize the integrity of matches, competitions, or give rise to abuse of Association Football. The separate Articles provide for non-discrimination and stance against racism (Article 3 Statutes of FIFA), and promoting friendly relations (between members, confederations, clubs, officials and players) (Article 4 FIFA). Regional international sport federations, as a rule, do not have the basic regulatory function inherent in most international sport federations and are subordinated to the federation of their membership. International sport federation may delegate to sport federation included into it the powers to organize club competitions at various levels (this type is typical for football). In order to maintain the principles of the Olympism, international sport federations are obliged to manage and control their sport and the disciplines in this sport. Also, under the standard of the international sport federation, international sport federations must supervise the development of the athletes involved in the selected sport, thus, international sport federations should plan the sport competitions all over the world at different levels for different categories of citizens. International sport federations shall have the right to form and submit to the IOC proposals as to the Olympic Charter and the Olympic Movement, including those connected with the arrangement and holding of the Olympic Games, with the technical capabilities of the candidates to host the Olympic Games; they shall have the right to co-operate with IOC in the preparation of the Olympic congresses, and to participate in the activities of the IOC commissions. 1 [Online resource] URL: http://www.fifa.com/mm/document/affederation/generic/02/14/97/88/fifastatuten2013_e_neutral.pdf

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International associations of federations. In order to discuss the common problems of sports and to draw up calendars of sport events, international sport federations recognized by the IOC, having been divided into summer and winter federations, establish their own associations (The Association of Summer Olympic International Federations, Association of International Olympic Winter Sport federations, Association of IOC Recognized International Sport federations, and Sport Accord International Convention that in turn includes sport federations (the international federation of basketball, swimming, aikido, badminton, etc.). The structure of the international sport federation (association). The internal structure of the international sport federations is determined by their statutes and the applicable legislation in accordance with which they are established and are operating in order to develop sport. For example, the organizational structure of the International Ski Federation (FIS) comprises the following bodies: • FIS Congress (comprising 118 national associations); • FIS Council (18 individuals representing different countries, including the President and the Secretary-General); • Committees, Sub-Committees, Working Groups (skiing, Nordic Combined, alpine skiing, snowboard), as well as special committees; • FIS Administration (73 individuals); • Court of FIS. Joint-Stock Company FIS Travel and Joint-Stock Company FIS Marketing have been established under the support of FIS to implement various commercial and marketing programs. The same principle is for other sport federations. Based upon a sport and the international implementation thereof, the number of committees and the number of administration officials will vary up or down. Despite the fact that the sport federations declare their activities for the benefit of development of sport, the political situation cannot help affecting their work. Most federations tend to be more democratic in management by making their structure in such a way that the activity of the federation could involve the majority of countries cultivating a sport. International sport federations should adhere to transparency of the reporting financial and organizational documents. World sport should be out of doping, corruption scandals, match fixing, and other ways of fraud in sport. At the level of international sport federations, there are developed and implemented the uniform standards for all national federations (associations) that support the given sport to effectively address the problems. International sport federations apply the rules and requirements uniform and mandatory for all the subjects of the given sport, as well as determine the penalties in case of non-compliance therewith. The regulation of the international sport federations is reduced to sport events held under the auspices of such federations. This is about IIHF and

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IAAF. Only football can be distinguished with a large zone of influence of the international sport federation, including influencing the arrangement and conduct of internal sport events. National sport federations and the sources of regulation of their legal status. In the Russian Federation, the activities of sport federations, apart from the Law “On Sport”1, are governed by the Constitution of the Russian Federation2, the Civil Code of the Russian Federation3, the Federal Law, dated January 12, 1996, No. 7-FZ, “On Non-Profit Organizations”4 (hereinafter— the Federal Law “On Non-Profit Organizations”), the Federal Law, dated May 19, 1995 No. 82-FZ “On Public Alliances”5 (hereinafter — the Federal Law “On Public Alliances”). According to the Law “On Sport”, sport federations are the actors of physical culture and sport6. These are established as public organizations with the objective of developing one or more sport(s), the promotion and arrangement thereof, as well as holding the sport events and training of athletes that are the members of national sport teams (clause 16 Article 2 of the Law “On Sport”). In accordance with the Civil Code of the Russian Federation, public organizations are corporate entities (Article 65.1 RFCC) and non-profit corporate organizations (Article 123.1 RFCC)7. Public organizations are the voluntary associations of citizens who united in the manner prescribed by law based upon the common interests in order to satisfy the spiritual and other non-pecuniary needs, to represent and protect their common interests, and to pursue other objectives not contrary to law (Article 123.4 RFCC). Sport federations in the Russian Federation exist in three forms: • common Russian; • regional; • local sport federations. 1 See: the Special Features of the Legal Status of Public Organizations (Alliances) determined by the Law “On Sport” pursuant to the Federal Law, dated January 12, 1996 г. No. 7-ФЗ (as of April 6, 2015) “On Non-Profit Organizations” (Article 6). 2 See: the Constitution of the Russian Federation (adopted at National Voting on December 12, 1993 (amended by Laws of the Russian Federation on amending the Constitution of the Russian Federation, dated December 30, 2008, No. 6-ФКЗ; December 30, 2008, No. 7-ФКЗ; February 5, 2014, No. 2-ФКЗ; July 21, 2014, No. 11-ФКЗ)). 3 See: the Civil Code of the Russian Federation (part one) dated November 30, 1994, No. 51-ФЗ (as of April 6, 2015). 4 See: the Federal Law, dated January 12, 1996, No. 7-ФЗ (as of April 6, 2015) “On NonProfit Organizations”. 5 See: the Federal Law, dated May 19, 1995 No. 82-ФЗ (as of March 8, 2015) “On Public Alliances”. 6 See: Article 5 (clauses 1.1) of the Federal Law, dated December 4, 2007 No. 329-ФЗ (as of April 6, 2015) “On Physical Culture and Sport in the Russian Federation”. 7 Non-profit corporate organizations are legal entities which do not pursue profit as the main objective of their activity and do not distribute profits among their participants

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The manner to establish and reorganize the sport federations in Russia. A common Russian sport federation shall be established on a membership basis in accordance with the Federal Law “On Non-Profit Organizations”1 and the Federal Law “On Public Alliances”; and should receive state accreditation to confirm its status (clause 6 Article 2 of the Law “On Sport”). The procedure of the state accreditation shall be provided for by the Ministry of Sport of the Russian Federation in coordination with the Russian Olympic Committee and the Russian Paralympic Committee. Besides, it should be borne in mind that for one sport, there may be accredited only one common Russian sport federation (part 2 Article 14 of the Law “On Sport”). Establishment, activities, reorganization and winding-up of common Russian sport federations shall be carried out under the relevant legislation of the Russian Federation on non-profit organizations taking into account their peculiarities considered by the Law “On Sport” (part 1 Article 14 of the Law “On Sport”). The activities carried out by local and regional sport federations are governed by Article 13 of the Law “On Sport”, which says that establishment, activities, reorganization and winding-up of common Russian sport federations shall be carried out under the relevant legislation of the Russian Federation on public alliances, the same as for the common Russian sport federations, taking into account their peculiarities considered by the Law “On Sport”. Regional sport federation must be a member or a structural unit (regional office) in a common Russian sport federation, and must receive state accreditation to confirm its status (clause 6.1 Article 2 of the Law “On Sport”). Regional sport federation being a structural unit (regional office) in common Russian sport federation does not need to acquire rights of a legal entity (part 4 Article 13 of the Law “On Sport”). A local sport federation shall be established for purposes of developing a specific sport in the territory of a municipal district, city district, city municipal entity of federal cities such as Moscow or Saint Petersburg. (part 3 Article 13 of the Law “On Sport”). Sport federation, for the acquisition of rights of a legal entity, shall be subject to state registration in accordance with the Federal Law, dated August 8, 2001, No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”, taking into account the procedure for state registration established by the Federal Law “On Public Alliances”. 1 According to part 1, Article 3 of the Federal Law “On Non-Profit Organizations”, nonprofit organization shall be considered to be established as a legal entity from the moment of the state registration thereof in the manner prescribed by law, exercises ownership or operational management of a separate property, is responsible (except as required by law) for its obligations with this property, can on its behalf acquire and exercise property and non-property rights, have obligations, sue and be sued in court

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The decision on the state registration of a common Russian sport federation shall be taken by the Ministry of Justice of the Russian Federation. The title “the common Russian sport federation” («общероссийская спортивная федерация») shall only be used by the public organizations that have been granted such title. Also one should note that common Russian sport federations shall have the right to use in their legal name the words “union” («союз») or “association” («ассоциация») which do not refer to their legal form in this case (part 5 Article 14 of the Law “On Sport”). The official name of a regional sport federation (except for the official name of the regional sport federation which is not a legal entity) must comply with the requirements established by the Russian legislation on public alliances, and indicate its legal form (public organization), its territorial jurisdiction (regional), as well as the sport(s) for which the federation was established. Regional sport federations shall have the right to use in their names the words “union” or “association” which do not refer to their legal form in this case (part 8 Article 13 of the Law “On Sport”). The official name of a local sport federation must also comply with the requirements established by the Russian legislation on public alliances, and indicate its legal form (public organization), its territorial jurisdiction (local), as well as the sport(s) for which the federation was established. Local sport federations shall have the right to use in their names the words “union” or “association” which do not refer to their legal form in this case (part 2 Article 13 of the Law “On Sport”). The features of the reorganization of the common Russian sport federations are provided for in Article 18 of the Law “On Sport”. It should be noted that reorganization of a common Russian sport federation in the form of spin-off of one or more common Russian sport federations from the reorganized sport federation shall not be allowed, if this reorganization results in creation of an alliance developing the same sport that was developed by the reorganized sport federation. Founders/members of sport federations. The minimum number of founders of a public organization (sport federation) shall be three (part 1 Article 123.5 RFCC). Only fully capable citizens 18 or more years old may be the founders of a public organization. The founders (members) of a public organization (sport federation) shall have equal rights and equal responsibilities. The founders of a public organization (sport federation), when establishing such organization, shall automatically become the members thereof, and obtain the respective rights and obligations (Article 19 of the Federal Law “On Public Alliances”). The members of a public organization (sport federation), in accordance with its statute, may be individuals and legal entities that are public associations, unless otherwise provided for by the Federal Law “On Non-Profit

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Organizations” and by laws on specific types of public alliances (Article 8 of the Federal Law “On Public Alliances”)1. Common Russian sport federations are open to new members. In accordance with clause 2 part 3 Article 14 of the Law “On Sport”, the members and (or) structural units of an organization, along with possible other members of a public organization, should include regional sport federations established and carrying out their activities in the territories of more than half of the Russian Federation subordinate entities, and accredited by the relevant executive authorities of the Russian Federation subordinate entities. In order to determine the territorial jurisdiction of a common Russian sport federation, one shall take into consideration the accredited regional sport federations that are members and (or) structural units of the common Russian sport federation. Statutes of a common Russian sport federation can exclude membership of individuals (part 7 Article 14 of the Law “On Sport”). For example, the Football Union of Russia has only legal entities as its members, and their membership is certified in the manner stipulated by the FUR’s Statute2. Common Russian sport federations, in accordance with their statutes, can admit as their members sport clubs regardless of their legal forms, and the alliances of such sport clubs operating predominantly in the respective sport(s). The List of Sports3 the development of which is ensured by common Russian sport federations with possible membership for sport clubs and alliances, said in this part, shall be approved by the Ministry of Sport taking into account the opinion of the Olympic Committee of the Russian Federation (part 8 Article 14 of the Law “On Sport”). RFCC and the Federal Law “On Public Alliances” provide for the rights and obligations of corporation members, including members of non-governmental organizations (sport federations). Members of a public organization (sport federation) shall have the right to: • participate in managing the affairs of the organization (Article 65.2 RFCC); • in case and in manner prescribed by law and by constitutional document of the organization4, receive information on the organization, 1 These provisions require legislative clarification as the new version of RFCC provides that public organization is a voluntary association of citizens (Article 123.4). However, the RFCC does not contain an explicit prohibition of participation in public organizations of legal entities. It seems that the sport federations need adhere to the previous procedure established before the relevant changes in the RFCC. 2 See the Statute of the Football Union of Russia as of May 8, 2013 [Online resource] URL: http://www.rfs.ru/rfs/documents/founding_docs/ 3 See the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated December 10, 2008 No. 64 “On Approving the List of Sports the development of which is ensured by common Russian sport federations with possible membership for sport clubs and alliances» (registered by the Ministry of Justice of the Russian Federation on January 28, 2009 No. 13190). 4 The constitutional document of the organization (sport federation) is the statute.

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and consider the organization’s accounting and other documentation (Article 65.2 RFCC); • challenge the decisions made by the organization’s bodies entailing civil consequences in the cases and in the manner prescribed by law (Article 65.2 RFCC); • use the services rendered by the organization free-of-charge on an equal footing with other members of the organization (part 1 Article 123.6 RFCC); • withdraw from the organization (part 2 Article 123.6 RFCC); • elect and to be elected to the governing and control and auditing bodies of the organization, as well as control the activity of the governing bodies of the public organization in compliance with its statute (Article 6 of the Federal Law “On Public Alliances”). The members of the organization in question may also have other rights provided for by law or statute. Members of a public organization (sport federation) must: • participate in the formation of the organization’s property in the required amount in the manner and within the time limits provided for by RFCC, by other law or the statute (Article 65.2 RFCC); • not disclose confidential information on the organization’s activities (Article 65.2 RFCC); • participate in making of corporate decisions without which the organization cannot continue its activities in accordance with the law, if such participation is necessary to make such decisions (Article 65.2 RFCC); • not commit any deliberate actions aimed at harming the organization (Article 65.2 RFCC); • not commit any actions (omission) which essentially make it difficult or impossible to achieve the objectives for which the organization was established (Article 65.2 RFCC); • pay the statute-provided membership and other asset contributions (part 2 Article 123.6 RFCC). Members of a public organization (sport federation) may have other duties provided for by law or the statute of the organization. Membership in a public organization is inalienable. Implementation of the rights of the participant (member) in this case cannot be transferred to any other person (part 3 Article 123.6 RFCC). Founders (members) of a public organization (sport federation) shall not retain the rights to the property transferred by them to these organizations on an ownership basis, nor the membership contributions. Founders (members) of public organizations (sport federations) shall not be liable for the obligations of these organizations, and these organizations shall not be liable for the obligations of their founders (members). Statute of a sport federation. The general requirements for the statutes of public organizations (sport federations) are provided for by Arti-

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cle 123.5 RFCC, which says that the statutes should include the information on: the name and location of the organization; the subject matter and the objective of its activities; the conditions of the procedure to enter (be admitted) and to withdraw from the organization; the members and competence of the organization’s bodies and the decision-making procedure, including the one on issues that require unanimity or qualified majority in voting; the property rights and obligations of the organization’s participants (members) and the procedure to distribute the property remaining after the liquidation of the organization. Statutes of public organizations (sport federations) must also comply with Article 20 of the Federal Law “On Public Alliances” and shall indicate: 1) the name and objectives of the public alliance and its legal form; 2) the structure of the public alliance, its governing, control and audit bodies, and the territory of the jurisdiction of the given public alliance; 3) the conditions and procedure to acquire and lose the membership in the public alliance, the rights and duties of the members of the public alliance (valid only for the public alliance providing for membership); 4) the competence and the procedure to form the governing bodies, the period of their powers and the location of the permanent governing body; 5) the procedure to amend and change the statute of the public alliance; 6) the sources to form monetary funds and other assets of the public alliance, the rights of the public alliance and its structural units to manage the public alliance’s property; 7) the procedure to reorganize and/or liquidate the public alliance. The particular requirements are provided for the statutes of the common Russian sport federations by Article 15 of the Law “On Sport” which shall indicate: 1) the name of the common Russian sport federation and its legal form; 2) the objectives and targets of the common Russian sport federation; 3) the sport or sports developed by the common Russian sport federation; 4) the conditions and procedure to acquire and lose membership in the federation, the rights and responsibilities of its members; 5) the structure and the governing and control bodies of the federation; 6) the competence and procedure to form the governing bodies, the period of their powers (for federations of a sport or sports included into Olympics or Paralympics program), and the location of the permanent governing body; 6.1) election of directors and (or) governing bodies of the common Russian sport federations in sport(s) included into the program of the Olympic or Paralympic Games should be carried out not less than once every four years. This election must be held no later than six months after the day of end of the Olympic or Paralympic Games respectively;

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7) the territory of the jurisdiction of the common Russian sport federation; 8) the procedure to amend and change the statutes of the common Russian sport federation; 9) the procedure to approve the criteria to select the athletes to be included into the team of the federation; 10) the procedure to approve the schedule of the official sport events held by the federation; 11) the sources to form the funds and other assets; the rights of the federation and its structural units to the management of their own property; 12) the procedure to pay admission and membership contributions; 13) the procedure of reorganization, termination of activities and liquidation of the federation; 14) other provisions not conflicting with the Russian Federation laws1. The management structure of sport federations. The highest managing body of the most common Russian sport federations is the conference, and the highest managing body of the regional sport federations is the general meeting, which meets the requirements of the Federal Law “On Public Alliances” that says that the highest body of a public organization is its congress (conference) or general meeting. In accordance with Article 65.3 RFCC, conference (congress) or any other representative (collegial) body determined by the organization’s statute may be provided for in non-profit corporations having more than 100 participants. In other cases determined by the said Article, the highest body of a corporation shall be the general meeting of its participants (members). The permanent governing body of a public organization is an elected collegiate body accountable to the congress (conference) or general meeting. In the case of state registration of a public organization, the latter’s permanent governing body shall exercise the rights of a legal entity on behalf of the public organization, and shall fulfill the public organization’s duties in accordance with its statute. The exclusive competence of the governing bodies of a common Russian sport federation shall be determined in accordance with the Civil Code of the Russian Federation (Articles 65.3 and 123.7) and by the Federal Law “On Non-Profit Organizations” (Article 29). No foreign citizens and persons without citizenship shall be in the permanent governing bodies of a sport federation (clause 3 part 3 Article 14 of the Law “On Sport”). A special feature of the activities of common Russian sport federations is that, according to part 9 Article 14 of the Law “On Sport”, at least seventy-five percent of the total votes of the highest governing body of such federation must belong to the accredited regional sport federations that are the members and 1 Under Article 20 of the Federal Law “On Public Alliances”, the statute may also include other provisions not contrary to the law relating to the activities carried out by the public alliance. A sport federation using symbols should provide a description thereof in its statute.

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(or) structural units of the common Russian sport federation. As an example, the Statute of the Football Union of Russia says: “Every delegate shall have at least one vote taking into account the requirements of the Russian legislation, so that at least 75% of the total votes of the Conference should belong to the FUR members that are the accredited regional football federations. The methods to determine the number of the votes of delegates at the Conference shall be determined by the Executive Committee (the Executive Committee’s Bureau) in accordance with the requirements of the Russian legislation. Only the delegates who present at the Conference shall be entitled to vote. Voting by proxy or by a letter issued by the delegate shall not be allowed”1. The sole executive body (the Director, the Director-General, the Chairman, etc.) shall be determined by the statute of the sport federation. Also, the statute of the federation may provide for the provision of powers of the sole executive body to several persons acting jointly; or the formation of several sole executive bodies acting independently on each other. The sole executive body may be both an individual and a legal entity. Along with the executive bodies, the sport federation can have a collegial management body (supervisory or other board)2 to control the activity of executive bodies of the corporation and fulfil other functions assigned to it by law or by the statute of the federation. The persons carrying out the powers of the sole executive bodies of the federation, and the members of the collegiate executive bodies may not constitute more than a quarter of the federation’s collegial management bodies, and cannot be the chairmen of these bodies. The rights and obligations of the common Russian sport federations. The legal status of a common Russian sport federation, as of an important actor of physical culture and sport determined by the Law “On Sport”, provides for a set of rights and obligations listed below. Under part 1 Article 16 of the Law “On Sport”, common Russian sport federations shall have the right to: 1) organize and hold championships, contests and cups of Russia in the relevant sports; work out and approve the provisions (regulations) of such competitions; grant the status of champions, winners of contests, winners of cups of Russia; as well as delegate to other physical culture and sport organizations established as non-profit organizations the right to hold such competitions for the term not exceeding three years; 1 See Clause 3 Article 13 of the FUR’s Statute as of May 8, 2013 [Online resource] URL: http://www.rfs.ru/rfs/documents/founding_docs/ 2 The same provision is in part 10 Article 14 of the Law “On Sport”, to promote the activities of the common Russian sport federations for the development of sports, including for attracting additional financial resources and control over the use thereof, national sport federations may establish trusteeship (supervisory) boards. The procedure to establish the trusteeship (supervisory) boards, the term of its office, its powers and activities shall be determined by the statute of a common Russian sport federation

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2) own all rights to use the symbols of national teams of the Russian Federation in relevant sports and the name “Russian Federation” («Российская Федерация», Rossiyskaya Federatsiya), except for the State symbols of the Russian Federation; 3) evaluate the coaches, and organize the system for training of referees and the evaluation of these referees in the relevant sports; and control over their activities; 4) select and represent the athletes, coaches, and referees in the relevant sports for granting the degrees and qualifications by international sport organizations; 5) taking into consideration the rules approved by international sport federations, work out the rules of the relevant sports, as well as to approve the rules establishing the rights and obligations (including the rules establishing the restrictions (conditions) of transition of certain categories of athletes and coaches to other sport clubs or other physical culture and sport organizations) and sport penalties for the actors of physical culture and sport that recognize such rules; The above rights established in clauses 1 to 5 part 1 Article 16 of the Law “On Sport” shall only be exercised by the common Russian sport federations. Other physical culture and sport organizations established in the form of non-profit organizations can hold championships, contests and cups of Russia in the relevant sport in the case of being delegated by the common Russian sport federations the right to hold these sport events. The list of sports for which the common Russian sport federations for the relevant sport(s) can approve the rules restricting the conditions to transfer specific categories of athletes and coaches to other sport clubs or other physical culture/sport organizations, shall be stipulated by the Ministry of Sport of the Russian Federation1. 6) form and train national teams of the Russian Federation in relevant sports for the purposes of participation in international sport events, and delegate these teams for such participation; 7) set limits to participation in common Russian sport events for athletes having no right to compete in national teams of the Russian Federation according to the rules of international sport organizations holding competitions in relevant sports; 8) take part in working out the Universal Schedule of Interregional, Common Russian and International Physical Culture and Sport Activities; 1 See the Order issued by the Ministry of Sport of the Russian Federation, dated May 23, 2014 No. 346 “On Approving the list of sports for which the common Russian sport federations for the relevant sport(s) can approve rules restricting the conditions to transfer specific categories of athletes and coaches to other sport clubs or other physical culture/sport organizations” (registered by the Ministry of Justice of the Russian Federation on June 30, 2014 No. 32907).

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9) organize and hold regional, common Russian and international sport events in relevant sports; 10) propose sports to be included into the common Russian Register of Sports; 11) enter the international sport organizations, acquire the rights and responsibilities corresponding to the status of members in international sport organizations if these rights and responsibilities do no not contravene the Russian laws; 12) receive financial and other support intended for development of relevant sports from sources not prohibited by the Russian legislation; 12.1) conduct annual training and methodological seminars or similar events for athletes, referees, coaches and other specialists in the field of physical culture and sport in the developed sport(s); 12.2) prepare controlling administrators; 12.3) maintain the systems of registration of data on athletes involved in the given sport, and issue documents certifying the belonging of these athletes to physical culture/sport or other organization and the sports skills of the athletes in the manner determined by the federal executive authority in the field of physical culture and sport, taking into account the requirements of the legislation of the Russian Federation in the field of personal data; 13) exercise other rights under the Russian legislation. Russian federal executive authorities and executive authorities of the subordinate entities, in conjunction with the common Russian sport federations, can organize and hold championships, contests and cups of Russia in the relevant sport. According to part 3 Article 16 of the Law “On Sport”, common Russian sport federations shall have the following responsibilities: 1) to contribute to the development of relevant sports in the Russian Federation in close collaboration with other actors of physical culture and sport; 2) to ensure training of national teams of the Russian Federation in relevant sports for purposes of participation in international official sport events; and to ensure the participation of such teams at these sport events, to ensure the achievement of high sport results by these teams in accordance with the programs to develop the sports provided for by clause 5 part 3 Article 16 of the Law “On Sport”; 3) in the manner1 prescribed by the federal executive authority in the field of physical culture and sport, to provide proposals to include 1 See: the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated May 8, 2009 No. 289 “On Approving the Procedure to include physical culture and sport activities into the Universal Schedule of Interregional, Common Russian and International Physical Culture and Sport Activities” (registered by the Ministry of Justice of the Russian Federation on July 9, 2009 No. 14286).

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the appropriate physical education and sport activities into the Universal Schedule of Interregional, Common Russian and International Physical Culture and Sport Activities; to participate in the implementation of the said plan; to organize and (or) to hold the annual championships, contests and (or) cups of Russia in the relevant sport; 4) in the manner prescribed1, to prepare the requirements and rules for the respective sports in order to include them into the Unified Sports Classification System of Russia; to make skill requirements for the assignment of the relevant qualification categories to referees; 5) to develop and submit to the Ministry of Sport of the Russian Federation the programs of development of the respective sports in the manner2 prescribed by this body; 6) to participate in the prevention of usage of doping in sport and combating it, as well as in countering the manifestations of all forms of discrimination and violence in sport; 6.1) to organize and (or) to hold annual youth sport competitions in the developed sport(s); 6.2) to provide the following information in their official websites: a) on the duly approved rules of sport(s); b) on the provisions (regulations) associated with the competitions organized and held by the common Russian sport federation; c) the minutes of meetings held by the common Russian sport federation, the reports indicating the results of sport competitions organized and (or) held by the common Russian sport federation; d) on the members and the structural units (regional offices) of the common Russian sport federation; e) on the governing bodies of the common Russian sport federation; f) the lists of the candidates for the members of national sport teams of the Russian Federation, and the criteria for the selection thereof; 1 See: the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated November 21, 2008, No. 48 “On Approving the Provision on the United Russian Sport Classification” (registered by the Ministry of Justice of the Russian Federation on January 16, 2009, No. 13092). 2 See: the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated June 8, 2009, No. 369 (as of July 12, 2010) “On Approving the Procedure for common Russian sport federations to prepare and submit the programs of development of the appropriate sports to the Ministry of Sport, Tourism and Youth Politics of the Russian Federation” (registered by the Ministry of Justice of the Russian Federation on July 6, 2009, No. 14211).

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g) on the results of audits of the common Russian sport federation’s activities, in the event of such audits; 6.3) to work out and submit for approval to the Ministry of Sport of the Russian Federation the rules of sport(s) in the manner1 and terms stipulated by this body; 6.4) to notify in writing, not later than ten days, the Ministry of Sport of the Russian Federation on holding the next meeting of the highest governing body of the common Russian sport federation; 6.5) to agree upon the candidates for the office of the head coach of the Russian Federation national sport team in the relevant sport with the Ministry of Sport of the Russian Federation in the manner stipulated by it2; 6.6) to submit to the Ministry of Sport of the Russian Federation the annual reports on the activities of the respective common Russian sport federation in the manner prescribed by the Ministry, as well as to submit to the said body in the manner3 and in terms stipulated by it, the reports on each common Russian and interregional sport event held by the common Russian sport federation, and on the participation in every international official sport event; 6.7) to take steps to prevent any unlawful influencing the results of the official sport competitions, and to oppose such influence in accordance with the requirements of the Law “On Sport”; 7) to fulfil other duties in accordance with the Russian legislation and with its own statutes. When holding the championships, contests and (or) cups of Russia in team game sports involving sport clubs, the common Russian sport federations are obliged to provide for in the provisions (regulations) of such competitions, as the conditions of admission to the participation in these competitions, that the respective sport club must have at least one youth sport team that participated at the expense of this sport club and on its behalf at least at one 1 See: the Order issued by the Ministry of Sport of the Russian Federation, dated July 1, 2013, No. 506 “On Approving the Procedure for common Russian sport federations to prepare the rules of sport(s) and submit them for approval” (registered by the Ministry of Justice of the Russian Federation on August 30, 2013, No. 29830). 2 See: the Order issued by the Ministry of Sport of the Russian Federation, dated June 25, 2013, No. 450 “On Approving the Procedure for common Russian sport federation to agree upon the candidates for the head coach of Russian Federation national sport team for the appropriate sport” (registered by the Ministry of Justice of the Russian Federation on August 30, 2013 No. 29825). 3 See: the Order issued by the Ministry of Sport of the Russian Federation, dated June 25, 2013, No. 452 “On Approving the Procedure to submit the reports on the activity of the appropriate common Russian sport federation” (registered by the Ministry of Justice of the Russian Federation on September 23, 2013, No. 29991).

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official sport competition in the relevant sport of whatever level (international, common Russian, interregional, regional, intermunicipal, municipal). The List of Team Game Sports shall be determined by the Ministry of Sport of the Russian Federation1. The rights and responsibilities of the regional sport federations. The regional sport federations, in accordance with part 1 Article 16.1. of the Law “On Sport”, shall have the right to: 1) organize and hold, including in conjunction with the executive authority of the Russian Federation subordinate entity, the championships, contests and cups of the Russian Federation subordinate entity in the relevant sport; to work out and approve the provisions (regulations) on such competitions, to grant the statuses of champions, the winners of contests, and the winners of the cups of the Russian Federation subordinate entities; 2) have all the rights to use the symbols and names of the national sport teams of the Russian Federation subordinate entity in the respective sports, with the exception of the state symbols of the Russian Federation subordinate entity; 3) organize and hold regional and intermunicipal official sport events in the relevant sports; 4) receive financial and other support for the development of the appropriate sports from various sources not prohibited by the legislation of the Russian Federation; 4.1) prepare the controlling administrators; 5) exercise other rights in accordance with the Russian legislation and the regulations of the Russian Federation subordinate entity. Under part 2 Article 16.1 of the Law “On Sport”, the regional sport organizations shall: 1) contribute to the development of the relevant sports in close collaboration with other actors of physical culture and sport in the Russian Federation subordinate entity; 2) carry out the preparation and formation of sport teams of the Russian Federation subordinate entity in the relevant sports, and delegate them to participate in the interregional and common Russian sport competitions; 3) participate in the formation and implementation of calendar plan of physical culture and sport activities of the Russian Federation subor1 See: the Order issued by the Ministry of Sport of the Russian Federation, dated April 1, 2013, No. 153 “On Approving the List of team sport games whose Russian championships, contests and (or) cups involve sport clubs having at least one children and youth sport team that participated at the expense and on behalf of such sport club at least at one official sport competition in the relevant sport of whatever level (international, common Russian, interregional, regional, intermunicipal, municipal)” (registered by the Ministry of Justice of the Russian Federation on May 22, 2013, No. 28464).

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dinate entity, including organizing and (or) holding of annual championships, contests and (or) cups of the Russian Federation subordinate entity in the relevant sport; 4) organize and (or) hold annual regional and intermunicipal sport competitions in the developed sport(s); 5) work out and submit to the Russian Federation subordinate entity’s executive authority the programs for developing the relevant sports in the manner prescribed by this body, as well as to implement these programs and submit annual reports on the implementation thereof; 6) participate in the prevention of usage of doping in sport and combating it, as well as in countering the manifestations of all forms of discrimination and violence in sport; 6.1) take steps to prevent unlawful influencing the results of the official sport competitions, and oppose such influence in accordance with the requirements of the Law “On Sport”; 7) submit to the executive authority of the Russian Federation subordinate entity the annual reports on the activities of the regional sport federations in the manner established by this authority; 8) perform other duties in accordance with the legislation of the Russian Federation, statutory legal acts of the Russian Federation subordinate entity, and their own statutes. The additional responsibilities of the sport federations. Part 7 Article 26.2 of the Law “On Sport”, in order to prevent unlawful influencing the results of official sport competitions and combat them, provides for the following obligations of common Russian sport federations, regional and local sport federations: 1) to take, within its competence, the steps aimed at prevention of unlawful influencing the results of official sport competitions and combating it; 2) not admit to participation in official sport competitions the athletes, referees, coaches, managers of sport teams and other participants of the appropriate official sport competitions that are suspected or accused of committing a crime under Article 184 of the Russian Federation Criminal Code, prior to the entry into force of the court judgement for the said persons or prior to the termination of criminal case and (or) criminal prosecution against them; 3) after the entry into force of a court sentence, to apply, within their competence, the penalties referred to in clause 2 part 7 Article 26.2 of the Law “On Sport” (including the sport disqualification of athletes) in relation to the persons concerned, as well as to physical culture and sport organizations where these persons are members, for the unlawful influencing the results of official sport competitions;

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4) to apply, within their competence and in accordance with clause 3 part 4 Article 26.2 of the Law “On Sport”1, the penalties (including sport disqualification of athletes) to athletes, referees, coaches, managers of sport teams, and to other participants in official sport competitions for violating the prohibition on participation in gambling games at bookmaker and pari-mutuel betting offices; 5) inform the Ministry of Sport of the Russian Federation, the executive bodies of the Russian Federation subordinate entities, the local self-government bodies and law enforcement agencies accordingly on the revealed facts of unlawful influencing the results of official sport competitions at the corresponding level; 6) inform the international sport federation in the relevant sport, the Ministry of Sport of the Russian Federation, the executive bodies of the Russian Federation subordinate entities, the local government bodies accordingly on the penalties that were applied for the unlawful influencing the results of official sport competitions; 7) assist the law enforcement agencies, if sport federations informed these agencies on the facts of unlawful influencing the results of official sport competitions; 8) fulfill other requirements of the Law “On Sport” and other statutory legal acts of the Russian Federation aimed at preventing unlawful influencing the results of official sport competitions and the struggle against it. The organizers of the official sport competitions, in order to prevent unlawful influencing the results of such competitions and to struggle against them, shall supplement the provisions (regulations) on the official sport competitions with: 1) the requirements to prohibit illegal influencing the results of such competitions; 2) the requirements to prohibit the participation in gambling games at bookmakers and pari-mutuel betting offices by wagering at the official sport competitions in accordance with the requirements set by clause 3 part 4 Article 26.2 of the Law “On Sport”. 1 See: Part 3 Article 26.2 of the Law “On Sport”: “The establishment of the prohibition on gambling in betting and pari-mutuel betting by wagering on official sporting events (for athletes—on the official sports events in sport(s) in which they participate in the relevant official sports competitions; for referees—on the official sports competitions in sport(s) in which they ensure compliance with the rules of sport(s) and regulations of the appropriate official sports competitions; for coaches—on the official sports events in sport(s) in which they carry out training activities and control the competitive activities of the athletes involved in the relevant official sports competitions; for heads of sports teams—on the official sports events in sport(s) in which the teams led by them participate in the relevant official sports competitions; for other participants in official sports competitions—on the official sports competitions in sport(s) in which they participate in the relevant official sports events); as well as application of penalties by the sport federations (including the sport disqualification of the athletes) for violation of this prohibition.”

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The state accreditation of sport federations. The state accreditation of common Russian sport federations shall be carried out for a period of not more than four years in accordance with the procedure of the state accreditation of the common Russian sport federations (part 2 Article 14 of the Law “On Sport”). To receive the state accreditation and acquire the status of the common Russian sport federation, the corresponding public organization shall submit the documents which shall be listed, indicating the deadlines for the submission thereof, in accordance with the procedure of the state accreditation of common Russian sport federations1. The document on the state accreditation confirming the status of common Russian sport federation shall be issued to the organization by the federal executive authority in the field of physical culture and sport. The form of this document shall be approved by the Ministry of Sport of the Russian Federation. The status of the common Russian sport federation shall be considered to be acquired from the date of the state accreditation of the public organization as the common Russian sport federation. Due to the complexity and other features of the sport(s) developed by the public organization, this public organization can acquire the state accreditation and the status of common Russian sport federation, if its members and (or) structural units are the regional sport federations which operate in the territories of less than half of the Russian Federation subordinate entities. The list of the relevant sports shall be determined by the Ministry of Sport of the Russian Federation taking into account the opinion of the Russian Olympic Committee, the Russian Paralympic Committee, and shall be approved by the said federal executive authority2. In order to develop and promote national sports which are included into the common Russian Register of Sports3 and developed by a public organization, this public organization can acquire the state accreditation and the status of common Russian sport federation, if its members and (or) structural units are the regional sport federations which operate in the 1 See: the Order issued by the Ministry of Sport of the Russian Federation, dated August 1, 2014, No. 662 (as of November 20, 2014) “On Approving the Procedure for the Russian Federation to carry out state accreditation of public organizations in order to grant them status of common Russian sport federation, and the Form of the document of state accreditation to certify the status of the common Russian sport federation” (registered by the Ministry of Justice of the Russian Federation on August 5, 2014, No. 33457). 2 See: the Order issued by the Ministry of Sport of the Russian Federation, dated July 1, 2013, No. 505 “On Approving the List of Sports that are developed by a public organization; that, due to their complexity and other features, can allow this public organization to obtain state accreditation and the status of a common Russian sport federation, if its members and (or) structure sub-divisions are regional sport federations covering less than half number of the Russian Federation subordinate entities” (registered by the Ministry of Justice of the Russian Federation on August 2, 2013 No. 29245). 3 See: the Common Russian Register of Sports (as of November 20, 2014).

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territories of less than half of the Russian Federation subordinate entities. The list of the relevant sports shall be approved by the Ministry of Sport of the Russian Federation1. The procedure of the state accreditation of regional public organizations or the structural units (regional offices) of a common Russian sport federation for giving them the status of regional sport federations shall be established by the Ministry of Sport of the Russian Federation. The state accreditation of the regional sport federations shall be carried out for the period of not more than four years in accordance with the procedure of the state accreditation of regional sport federations and as agreed upon with the common Russian sport federation in the relevant sport2. In the one sport in the territory of the Russian Federation, the relevant executive authority of the Russian Federation subordinate entity is obliged to accredit only one regional sport federation. If there is a common Russian sport federation in the relevant sport(s), the regional public organization accredited as the regional sport federation in the same sport(s) shall be the member of the respective common Russian sport federation. In order to receive the state accreditation and to acquire the status of the regional sport federation, the regional public organization or the structural unit (regional office) of the common Russian sport federation shall submit the documents which shall be listed, indicating the deadlines for the submission thereof, in accordance with the procedure of state accreditation of regional sport federations (part 6 Article 13 of the Law “On Sport”). The document on the state accreditation confirming the status of the regional sport federation shall be issued to the regional public organization or a structural unit (regional office) of the common Russian sport federation by the executive authority of the Russian Federation subordinate entity. The form of this document shall be approved by the federal executive authority in the field of physical culture and sport. The status of regional sport federation shall be considered to be acquired from the date of the state accreditation of the regional public organization or a structural unit (regional office) of the 1 See: the Order issued by the Ministry of Sport of the Russian Federation, dated September 4, 2014, No. 751 “On Approving the List of national sports that are included into the Common Russian Register of Sports and are developed by a public organization able to obtain state accreditation and the status of a common Russian sport federation, if its members and (or) structure sub-divisions are regional sport federations covering less than half number of the Russian Federation subordinate entities” (registered by the Ministry of Justice of the Russian Federation on November 12, 2014, No. 34662). 2 See: the Order issued by the Ministry of Sport of the Russian Federation, dated August 1, 2014, No. 663 (as of November 20, 2014) “On Approving the Procedure to carry out state accreditation of regional public organizations or structural sub-divisions (regional branches) of common Russian sport federation in order to grant them status of regional sport federations, and the Form of the document of state accreditation to certify the status of the common Russian sport federation” (registered by the Ministry of Justice of the Russian Federation on August 5, 2014, No. 33458).

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common Russian sport federation as a regional sport federation (part 7 Article 13 of the Law “On Sport”). Information on the common Russian and regional sport federations, after the state accreditation thereof, shall be entered into the register of the common Russian and accredited regional sport federations maintained by the Ministry of Sport of the Russian Federation. Such information shall be open and publicly available, except for the information on the personnel of the governing bodies at the relevant sport federations, if such information was not already available to the public in accordance with the Russian legislation. The procedure to maintain the register of the common Russian and accredited regional sport federations, and to provide the information from this register shall be established by the Ministry of Sport of the Russian Federation1. The state accreditation of the common Russian sport federation may be suspended by the Ministry of Sport of the Russian Federation in the event of failure by the common Russian sport federation to fulfil its obligations provided for by part 3 Article 16, clauses 1–6 part 7, and part 8 Article 26.2 of the Law “On Sport”. For failure to fulfil the obligations provided for by part 8 Article 26.2 of the Law “On Sport”, the state accreditation of the common Russian sport federation shall be suspended if the common Russian sport federation was the organizer or one of the organizers of official sport competition whose provision (regulations) did not contain the requirements set by part 8 Article 26.2 of the Law “On Sport”, and if there are revealed the facts of unlawful influencing the result of this competition. Upon the elimination of the circumstances giving rise to the suspension of the accreditation of the common Russian state sport federation, the Ministry of Sport of the Russian Federation shall resume the state accreditation of the common Russian sport federation. Should the common Russian sport federation fail to eliminate the circumstances that gave rise to the suspension of its state accreditation within six months from the date of such suspension, the Ministry of Sport of the Russian Federation shall terminate such accreditation in accordance with the procedure of the state accreditation of the common Russian sport federations. In cases of termination of the state accreditation and deprivation of the common Russian sport federation of its status, or the suspension of the accreditation in question, or the suspension of activities of the common Russian sport federation in accordance with the legislation of the Russian Federation, or the absence of any common Russian sport federation in the relevant 1 See: the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated February 20, 2009, No. 48 (as of April 11, 2011) “On Approving the Procedure to Maintain the Register of the Common Russian and Accredited Regional Sport Federations, and to Provide Information from this Register” (registered by the Ministry of Justice of the Russian Federation on March 27, 2009, No. 13609).

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sport(s), the Ministry of Sport of the Russian Federation, at the request of the common Russian public physical culture and sport organization, shall have the right to provide such organization, for a definite period, with the rights and responsibilities of the common Russian sport federation in the relevant sport(s) in which there is no accredited common Russian sport federation, until the day of the accreditation of the common Russian sport federation in this/these sport(s), or, in the case of suspension of activities of the common Russian sport federation in accordance with the legislation of the Russian Federation—until the day of the resumption of the activities of such organization. The said violations also entail the responsibility for the regional sport federation—its state accreditation shall be suspended by the executive authority of the Russian Federation subordinate entity. Upon the elimination of the circumstances giving rise to the suspension of the accreditation of the regional sport federation, the executive authority of the Russian Federation subordinate entity shall be authorized to resume the said accreditation. Should the regional sport federation fail to eliminate the circumstances that gave rise to the suspension of its state accreditation within six months from the date of such suspension, the executive body of the Russian Federation subordinate entity shall terminate such accreditation in accordance with the procedure of the state accreditation of the regional sport federations (part 10 Article 13 of the Law “On Sport”). Information on the state accreditation of the regional sport federations, on suspension, resumption and termination of such accreditation shall be submitted to the Ministry of Sport of the Russian Federation by the executive bodies of the Russian Federation subordinate entities within ten working days from the date of taking the relevant decisions (part 11 Article 13 of the Law “On Sport”). In order to control over the fulfilment of the requirements for the regional sport federations established by the legislation of the Russian Federation, the executive authority of the Russian Federation subordinate entity may delegate its representatives to the sport events held by the regional sport federation, and to the meetings held by the governing bodies of such regional sport federation (part 12 Article 13 of the Law “On Sport”).

§ 2. Legal Status of Sport Clubs. Legal Status of Sport Leagues 1. Legal Status of Sport Clubs The legal status of sport clubs is stipulated by Federal Law, dated December 4, 2007, No. 329-FZ “On Physical Culture and Sport in the Russian Federation” (hereinafter – the “Sport Act”). Sport clubs are included in the listed subjects of physical culture and sports (Art. 5 of the Sport Act). According to Art. 19 of the Sport Act, sport clubs are legal entities. At the same time, the legislator does not limit the choice of their form of incorpora-

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tion Sport clubs can be created by legal entities and individuals for training, competition, physical culture , and educational activities. Based on the current civil legislation1, the following forms of incorporation of sport clubs are most appropriate ones: a limited liability company, a public organization, an association (union), an autonomous non-profit organization, an institution. Pursuant to the latest amendments, closed joint stock companies and nonprofit partnership, i. e. legal forms, which were most common before the specified amendments, have been excluded from the Civil Code. Therefore, many clubs will have to bring their activities in compliance with applicable law at the next meeting of their higher supervising body. It has to be said that profit-making organizations are mainly common in football (e. g. CJSC, JSC) — in Russian Premier League (RPL) and there are fewer non-profit organizations (e. g. ANPO, institutions, and public organizations). In hockey — in the Kontinental Hockey League — the participants are sport clubs of various legal forms (CJSC, ANPO, LLC, and NPP are most common). For many clubs that have chosen commercial activity a legal form of a limited liability company is the most reasonable. Such legal forms as autonomous non-profit organizations or associations (unions) are preferable for other categories of clubs, i. e. those that have no profit-earning target and planning their budgets based on the possibility to receive state budget funds and/or donations. The choice of a club legal form depends on its activities. For instance, you can create an amateur club in the form of public organization, the members of which are competitors, i. e. amateur athletes. There is a variety of sport clubs: physical culture and wellness clubs, amateur, professional, school, student clubs, as well as those suggesting several activities. Pursuant to Part 3, Art.28 of the Sport Act, in order to engage students in physical culture and sports activities, to develop and promote school sport and university sport, educational institutions of primary general, basic general, secondary education, secondary vocational and higher education, and/or students of such institutions may create school sport clubs and student sport clubs (including in the form of public associations), which are not legal entities. Such sport clubs shall operate in the manner established by the federal executive body authorized by the Government of the Russian Federation and under the relevant articles of association of educational institutions2. 1 See: the Civil Code of the Russian Federation (part one) dated November 30, 1994, No. 51-ФЗ (as of April 6, 2015). 2 See: the Order issued by the Ministry of Education and Science of the Russian Federation, dated September 13, 2013, No. 1065 “On Approving the Procedure to Arrange the Activity of School and Students Sport Clubs” (registered by the Ministry of Justice of the Russian Federation on October 22, 2013, No. 30235).

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School and student sport clubs are created and operate with a view to involve students in physical culture and sports, as well as to develop and promote school and university sport. The main objectives of such sport clubs include: participation in sports competitions at various levels among educational institutions and the development of volunteerism in the promotion of healthy lifestyle. We would like to review in more detail the professional sport clubs that participate in competitions in team sports. As a rule, despite of initial commercial character of professional sports, professional sport clubs choose the development and popularization of the chosen sport, as well as participation in sport competitions as their main objectives. The legal status of such clubs is determined by the applicable laws, articles of association, and procedural rules approved by the organizer of the sporting event. The main functions of a professional sport club include team building, its training and ensuring its participation in competitions. The structure of the team in this case is a key objective of the overall process to be ensured by the club. Professional sport clubs act as employers for athletes and coaches, thus they are obliged to ensure the fulfillment of obligations stipulated by the Labor Code of the Russian Federation, in particular: • holding of training events and athlete’s participation in sport competitions guided by coach; • athlete’s life and health insurance, as well as medical insurance in order to the athlete’s obtaining additional medical and other services, beyond the scope of services provided for by the programs of compulsory health insurance, specifying the conditions of the relevant types of insurance; • send an athlete at call to the national teams of the Russian Federation to participate in training and other activities on preparation for sports competitions — for direct participation in official international sports events as a member of the national team. The requirements for the participants of sports competitions may differ significantly depending on Russian or foreign club nationality. For example, the KHL regulations provide for the requirements for hockey clubs — participants of the KHL Championship. The following special requirement is provided for Russian hockey clubs: “A club should have a hockey school including children and youth teams (at least one for each age group of 16, 15, 14, 13, 12, 11, 10, and 9-year-old hockey players) and a youth team”1. Moreover, KHL establishes the obligation to own the trademark or have the right to use the trademark as mandatory requirements for clubs. 1 See: [Еlectronic resource] URL: http://www.khl.ru/documents/KHL_legal_regulations_2014-2017.pdf

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Pursuant to Art. 16 of the Sport Act, when holding championships, contests and/or Cups of Russia in team sports with the participation of sports clubs, all-Russian sports federations should stipulate in their regulations (rules) for such competitions as a condition of admission the availability of at least one children and youth sport team that participated at the expense and on behalf of such sport club at least at one official sport competition in the relevant sport of whatever level (international, common Russian, interregional, regional, intermunicipal, municipal). The list of team sports is determined by the Federal Ministry of Sports of Russia1. The general procedural rules for sport clubs may include the following: • Not to be under the bankruptcy or liquidation procedure; • Own sport facility where competitions in the relevant sport may be held or have a lease (gratuitous use) agreement; • No debt to the athletes, coaches and other officials of the club; • Availability of financial resources sufficient to participate in competitions within the specified period. Football clubs shall be admitted under the RFU regulatory documents, in particular, for licensing procedures2. Football clubs licensing and monitoring of their activities by the Russian Federation should: • Ensure equal conditions for the participation of teams in the competition; • Provide further encouragement and constant priority of training and education for young football players; • Ensure investments in the youth football development programs; • Engage (ensure engagement) of highly qualified trainers for work with youth teams with a view to improving the quality of football training; • Provide an opportunity for representatives of mass media to properly perform their work; • Provide the players of all clubs with the possibilities for improving technical skills, including the ability to use appropriate sports facilities; • Ensure the effectiveness of football management at club level; • Ensure that football clubs employ highly qualified and experienced professionals with a certain level of practical knowledge and experience; 1 See: the Order issued by the Ministry of Sport of the Russian Federation, dated April 1, 2013, No. 153 “On Approving the List of team sport games whose Russian championships, individual championships and (or) cups involve sport clubs having at least one children and youth sport team that participated at the expense and on behalf of such sport club at least at one official sport competition in the relevant sport of whatever level (international, common Russian, interregional, regional, intermunicipal, municipal)” (registered by the Ministry of Justice of the Russian Federation on May 22, 2013, No. 28464). 2 See: [Еlectronic resource] URL: http://www.rfs.ru/res/docs/regulations/rukovodstvo_ lisence_club.pdf

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• Ensure that football clubs employ highly qualified coaches that train the main and youth teams, as well as the availability of medical personnel of appropriate level, which should contribute to new achievements in sport; • Increase economic and financial capacity of clubs; increase their “transparency”; ensure proper attention to the protection of creditors’ rights; • Strengthen the principle of continuity of national and international competitions within a season; • Ensure monitoring of compliance with the financial aspects of fair play: for this purpose a) Provide for the promotion of economic and financial capacity of clubs, increase of their transparency and strengthening of their reputation; b) Have due regard to the creditors’ protection with the clubs’ guaranteeing the timely fulfillment of their obligations to players, social foundations, tax authorities, and other football clubs; c) Guarantee the strengthening of fiscal discipline and the rational use of club funds; d) Ensure the incentives to the clubs as part of their income; e) Ensure the encouraging of responsible attitude to expenditures in view of the long-term interests of football; f) Implement the long-term viability and sustainable development of club football; • Stimulate the development of comparative analysis for clubs by financial, sporting, legal, personnel, administrative, and infrastructure criteria. To continue, sport clubs should annually plan their income and expenses. The sources of financing will form depending on the legal form of the club. The main sources of financing for Russian sports clubs include: • Funds received from the club’s owners (founders, shareholders, members, etc.); • Budget funds; • Income from sponsors (partners, advertisers); • Compensation for transitions (transfers) of athletes; • Income from sales of goods, works, and services; • Income from participation in international competitions; • Proceeds from the organizers of competitions (from the sale of the commercial rights of competitions). It should be noted that the financial situation of the sports club could affect the economic and political situation in the country as a whole and/or in a particular constituent of the Russian Federation and/or by natural disasters. The costs of sports clubs are stable and typically include: • Wages; • Travel, accommodation, meals, transport services; • Compensation for the athlete’s transitions; • Contributions to the organizers of the competitions;

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Taxes, penalties, including those provided for by the rules; Maintenance of children and youth (young players) teams; Medical expenses and insurance coverage; Rent for sports facilities; Expenditures on the infrastructure improvement and other costs related to the participation in competitions. Federal executive bodies, executive bodies of the constituents of the Russian Federation, as well as local governments may support sport clubs by: 1) Construction, reconstruction and/or repair of sports facilities and other sports objects; 2) Transfer of premises and/or buildings owned by the Russian Federation, constituents of the Russian Federation or municipal property for free use or in long-term lease on favorable terms and conditions; 3) Providing sports gears and equipment; 4) Otherwise providing support in the manner and in cases provided for by regulations of the federal executive bodies, public authorities of constituents of the Russian Federation or by municipal regulations. 2. Legal Status of Sport Leagues The improvement of sport clubs management contributes to the development of professional sport leagues. The higher the level of a sport club management is, the higher the level of competitions, organized by sport leagues, is. Unlike sport clubs, sport leagues are not specified in the list of subjects of physical culture and sports (Art. 5 of the Sport Act) 1. As a rule, a sport league is an association of clubs in the team sports2 with at least two main objectives: 1) Total centralization, consolidation, and implementation of commercial and television rights to the respective league competitions; 2) The effective organization and/or holding of league competitions. According to the Statutes of the International Federation of Football Associations (FIFA)3, “League: an organization that is subordinate to a national 1 Except for the definition of student sport league (clause 23.2, Art. 2 of the Sport Act), which is treated as a non-profit organization established on the basis of membership, whose objectives are to assist in the promotion of university sport and the development of one or more sports, organizing and conducting physical cultural and sports activities with students. Individuals and legal entities carrying out activities in the field of university sport may be the members of the student sport league. 2 E. g., under the RFU Charter: “A league is a non-profit organization recognized by the RFU and subordinate to it in terms of sport, which is membership-based and recognizing the superiority of FIFA, UEFA, and RFU regulations and rules in terms of sport, the main objectives of which include the representation of clubs and the protection of their legitimate business and sports interests, as well as the holding of sports competitions with the participation of football players, if this right is delegated to them by the RFU”. 3 See: [Electronic resource] URL: http://www.fifa.com/mm/document/affederation/generic/02/14/97/88/fifastatuten2013_e_neutral.pdf

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Association”. Article 18 of the Statutes specifies that “Leagues or any other groups affiliated to a Member of FIFA shall be subordinate to and recognized by that Member. The Member’s statutes shall define the scope of authority and the rights and duties of these groups. The statutes and regulations of these groups shall be approved by the Member.” In turn, Art. 20 thereof requires that each Confederations (in our case, the UEFA) ensured that international leagues or any other such groups of clubs or leagues shall not be formed without its consent and the approval of FIFA. Sport leagues possess different scope of authority depending on the applied professional sport management model.

The Principal Differences of Professional Sport Management Models in North America, Europe, and Russia

North American Model

European model (with a number of exceptions in certain countries)

Russia

Closed leagues with the absence of team rotation (clubs themselves decide whether to update the league membership)

Sport rotation system (divisions pyramid with the progressive increase of participants class)

For hockey and basketball – closed leagues. For other team sports - European model

Extremely low role of international and national sport federations, leagues are the major regulator of professional sports

Extremely large role of international sport federations, the subordination of the leagues to the essential requirements of such federations (player status, transfers, agency activity), as well as, on key sporting issues, to national sports federations (usually under contracts). As a rule, the rules of competitions are developed in collaboration with the federations

Respect for and compliance with the requirements of international sport federations. For hockey and basketball – the establishment of international professional leagues, taking into account the interests of the all-Russian sports federations. For other team sports — European model. In general, Russia applies a combined model

League is a business model established to generate profit, which is as a rule distributed among the players and the clubs based on the mechanisms of social partnership

Depending on domestic European model market opportunities, leagues tend to be profitable. National federations, as a rule, get a part of the leagues’ income with its subsequent intended use (for elite sport and amateur sport)

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North American Model

European model (with a number of exceptions in certain countries)

Russia

Strong unions of players resulting in strong social protection of players, availability of significant collective agreements, but also the risk of lock-outs

Unions of players are in European model the stage of formation and organization. IN certain countries they co-participate in the management of some aspects of professional sport, such as the dispute resolution procedure

Relying on highly developed student sport

Low connection to student sport

European model

Organizational alignment of the financial and sporting force of the clubs (“salary cap” and draft system) in order to make a competition the most interesting as a spectacle (unpredictability, struggle between always roughly equal competitors, etc.)

Sharp separation of financial and, as a consequence (not always), sport level of clubs. Race of salaries and transfer payments in order to strengthen the club, often without taking into account an adequate proportion of the interest of the audience and the commercial attractiveness of the club

For hockey and basketball – North American model. For other team sports - European model. In general, Russia applies a combined model

For example, a collective agreement between the NHL and the NHL National Players’ Association, 2012 (Collective Bargaining Agreement between NHL and NHLPA), a collective agreement between the NBA and the NBA National Players’ Association, 2011 (NBA Collective Bargaining Agreement between NBA and NBPA), Regulations of the Players’ Association of the Major League Baseball in the USA and Canada, governing players agents, 2010 (MLBPA of the USA and Canada Regulations Governing Player Agents) (the current version of the collective agreement is presented on the official sites of players’ associations of the respective kind of sport). The dominance of a sport league is represented in the North American model of very weak international and national sport federations. Business objectives and regulation of the competition with the league itself make the league the most powerful and important organizers of competitions in their sports. All other subjects of such sport (e. g., the IOC and the respective NHL enter into respective contracts for hockey players who have been let to participate in the Olympic Games) have to make arrangements with the leagues.

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Subordinate and partner model of a sport league activity is based on the pyramid European sport management model. In such a case, a sport league is understood as an assistant of a sport federation and as a representative of professional sport clubs. Typically, the regulatory function of sport leagues in this model is dramatically reduced or absent. Sport leagues may be open or closed according to the method of forming of participants of their competition. FIFA bans ignoring of the sport principle of clubs rotation. A closed competition theory won in hockey and basketball (there are no eliminated cubs and no clubs, whose victory would guarantee their participation in higher level competitions). Football. There are nine types of professional sports competitions in this area in Russia, three of which (male) are held by three responding leagues (RPL, FNL, and CFL) under an agreement for the delegation of rights, and four (indoor football) competitions are held by the Indoor Football Association of Russia. Professional sport competitions among women (seven clubs) are held directly by the RFU. Non-Profit Partnership “Russian Football Premier League” (RFPL), consolidating professional football clubs of top division was created on August 27, 2001. It has been a co-organizer of the Russian Football Championship since 20021. Non-Profit Partnership “National Football League” (NFL), consolidating professional football clubs competing in the Football Championship of Russia in the first sport division (the second largest in Russian football) was established on January 11, 2011. 20 football clubs from Kaliningrad to YuzhnoSakhalinsk compete in the NFL2. Pursuant to the competition rules, no more than 35 players may be declared as members of a professional NFL club. Up to 3 mercenaries may be simultaneously on the football pitch during a match. IN such a case, mercenaries mean persons, including Russian citizens, having no rights under FIFA rules to compete as a part of the national football team. The Professional Football League (PFL) association organizes football matches in the second division of Russia. The association was established on February 8, 1992. PFL is an association of legal entities — Russian nonamateur football clubs, based on voluntary membership and created to represent and protect common interests, to achieve socially beneficial and other objectives that do not contradict the law and are of non-profit nature3. In the Russian football, the RFU has entered into three-year agreements for the delegation of rights for relevant all-Russia sports events with all four leagues (RFPL, NFL, CFL, and IFAR4). 1 2 3 4

See: [Electronic resource] URL: http://rfpl.org See: [Electronic resource] URL: http://1fnl.ru See: [Electronic resource] URL: http://www.pfl-russia.com See: [Electronic resource] URL: http://www.amfr.ru

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In each case, the agreements determine the RFU status in the relationship with the league, the league status, the limits of the delegation of rights, the RFU powers, the league powers, and joint powers of the RFU and the league. The content of the agreements for the delegation of rights to hold allRussian football competitions fully complies with both Russian legislation and the requirements of the relevant international sports federations (FIFA and UEFA). Parties to such agreements define the limits of the delegation of rights: • In accordance with the Agreement, the RFU delegates to a football league (FL) the powers to hold All-Russian football competitions — the name of the competition among the FL clubs teams within the period from June 1, 2015 to June 30, 2018; • Said All-Russian competitions are competitions among teams of football clubs of the corresponding football division; • In relations associated with the All-Russian competition, the RFU is the organizer, and the FL is an entity holding the All-Russia competitions within the effective period of the Agreement; • Specific powers of the RFU, FL, and RFU together with FL, as well as relationships and powers of the Parties for the organization and holding of the All-Russian competition are defined and regulated by the Agreement and the Rules of the Football Championship of Russia among teams of FL clubs, approved by the RFU; • FL is not entitled to take actions and make decisions regarding the holding of the All-Russian competition not covered by this Agreement, without the prior written consent of the RFU. FL is not entitled to transfer (delegate) to any third party the powers received from the RFU under the Agreement without the prior written consent of the RFU. Hockey. Currently, Russian Hockey Championship is held by the Kontinental Hockey League (KHL). Its structure includes six organizations, the main of which are specified below. Limited Liability Company “Kontinental Hockey League” (OOO “KHL”) is the sole owner of all the property and non-property rights to the Kontinental Hockey League Championship, namely to organize and hold the matches, refereeing, championship coverage (video, radio, photo, Internet, etc.), symbols, and paraphernalia. Autonomous Non-Profit Organization “Kontinental Hockey League” (ANPO “KHL”) under a contract with OOO “KHL” is directly engaged in holding the Championship of the Kontinental Hockey League. Under a contract with the Russian Ice Hockey Federation, the organization may hold the hockey Championships and Cups of Russia among the teams — members of the league. Currently, the KHL championship, i. e. Russian Ice Hockey Championship, is the main club hockey competition in Europe. 28 Russian and foreign

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clubs participate in the KHL championship. Totally, the representatives of 7 countries (Russia, Belarus, Kazakhstan, Latvia, Finland, Slovakia, and Croatia) and 27 cities participate in this competition this season. In accordance with OOO “KHL” Statutes, Sport Act, and the Agreement with ANPO “KHL” and RIHF, OOO “KHL” is the organizer of the Championship, and therefore determines the terms and conditions of the Championship, is responsible for its organization and holding, and approves the results of the competition. Based on the Sport Act and the Agreement with the ANPO “KHL” and OOO “KHL”, RIHF delegated to ANPO “KHL” the right to hold the Russian Hockey Championship until 2017. Under the Agreement with OOO “KHL” and RIHF, ANPO “KHL” is an organization holding the Championship. Clubs — participants of the Championship are co-organizers of “home” matches of the Championship under the Sport Act and the Rules. The clubs participate in the Championship under the Agreement for participation in the Championship1. Basketball. VTB United League is a club basketball competition created in 2008 to bring together the leading Eastern European clubs. The fundamental principles of the League, proclaimed by the clubs and the national basketball federations of the participating countries, are democracy and the principle of sport. 16 clubs took part in the League in the season 2014/2015: from Russia, Latvia, Estonia, Czech Republic, Belarus, Kazakhstan, and Finland. As a result of the VTB United League Championship games Russian teams get places in the final classification of the Championship of Russia among Russian clubs of the VTB United League. Clubs are admitted to participate in the Championship subject to the compliance with the Rues and under the terms of the League Council decision. To confirm its participation in the competition, each club should enter into an Agreement with the League for participation in the Championship2. The activity of each league provides for its own specific characteristics that influence the holding of sport competitions. In football, the main organizer’s rights under Art. 20 of the Sport Act, belong to the sport federation (RFU); in hockey, on the contrary, in obtaining the rights to the Championship of Russia from the RIHF, KHL acquires utmost autonomy in the implementation of the rights; in basketball the league holds its sport competitions without providing them with the status of a Championship of Russia and the corresponding receipt of the relevant rights. 1 See: [Electronic resource] URL: http://www.khl.ru/documents/KHL_legal_regulations_2014-2017.pdf 2 See: [Electronic resource] URL: http://www.vtb-league.com/frontend/webcontent/images/ docs/2/Регламент%20Чемпионата%20Единой%20Лиги%20ВТБ%20сезон%202014-15%20 (окончательный).pdf

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The development of national sport is the major social priority of the nearest prospects of the Russian Federation. Sport leagues and sport clubs hold a prominent place in the process. This was supported by V. V. Putin at the meeting of the Presidential Council for Physical Culture and Sport, which was held on June 2, 2015, where he noted the necessity of legislative recognition of the legal status of professional sport entities, including professional clubs and leagues, to determine the procedure for their establishment, cooperation, and financial relations with both All-Russian federations and the state, including on the issues of holding championships in Russia1.

§ 3. Legal Status of Athletes and Coaches As it was stated in paragraph “Labor governance in the field of physical culture and sport”, labor laws fully apply to athletes and coaches, that is why we will consider their legal status from the perspective of labor law. In the labor law science, the concept of status is constructed mainly on the basis of the relevant general theoretical developments. This, V. N. Tolkunova, K. N. Gusov, O. V. Smirnov, et al. have concluded that the concept of the legal status of the subject of labor law is determined by: 1) Its labor legal identity; 2) Its basic rights and obligations; 3) Legal guarantees of labor rights and obligations; 4) Liability for breach of work duties2. It seems impossible to determine the labor legal status of an athlete or a coach without uncovering their social roles. As noted in references, the legal status of employees should secure not just special but legal role of their personality3. Nowadays, sport pervades all levels of modern society and greatly affects the basic spheres of society. It affects national relations, politics, business, social status, forms fashion, ethical values, and people’s lifestyle. Therefore, an athlete or a coach as an employee not only satisfy their personal needs but also help solve the most important challenges for the state and society as a whole. One of the main quality characteristics of the status of an athlete and a coach is their social, political, and economic ties with the state. In this respect, the conclusions of M. F. Orzikha who explores the legal status of an employee in terms of personalization of his legal status and enforcement, are interesting4. In our opinion, it includes a true idea of polystructurality of the personality’s legal status. 1

See: [Electronic resource] URL: http://www.kremlin.ru/events/councils/49615 See Molodtsov M. V. et al. Labor Law of Russia. M., 2001; Tolkunova V. N., Gusov K. N.: Russian Labor Law: Textbook. M., 1995; Labor Law: Textbook / edited by O. V. Smirnova. M., 1996. 3 See: DolinskayaV. V. Legal Status and Legal Identity//Laws of Russia: Experience, Analysis, Practice. 2012. No. 2; Drachuk M. A. Subjects of Labor Law: dissertation for Ph.D. (Law). Omsk, 2002; Ulyumdzhiev E. A. Legal Regulation of the Employee’s Status: Problem of Efficiency: extended abstract of dissertation for Ph.D. (Law). Moscow, 2009, et al. 4 Orzikh M. F. The Legal Status of the Individual as a Political Form of the Socialist Legal Order // The Legal Order and Legal Status of the Individual in a Developed Socialist Society in the Context of the USSR Constitution of 1977. 2

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It appears that a feature of the legal status of an athlete and a coach is that the labor legal status of an athlete and a coach, legally defined by the public authorities, is complemented by its legal and extralegal employment status defined by internal regulations of sport organizations. Interacting in a complex manner, such segments form a comprehensive labor legal status of an athlete and a coach. The labor legal status of an athlete or a coach should be distinguished depending on their involvement in the following stages of sports training: sports specialization; improving sports skills; top sports mastery. Ch. 54.1 of the Labor Code of Russia fully applies to an athlete at the stage of sports specialization and improvement of sports skills. A special legal status arises for the athlete at the top sports mastery stage, i. e. the athlete is simultaneously an employee and a member of the national team. Certain legal classifications of athletes are important primarily for legal science and, as a rule, indirectly influence the legislation and practice. Among them we can mention the division into amateur and professional athletes as well as athletes of individual and team sports. Other typologies are created by the legislator. For example, Art. 2 of the Federal Law “On Physical Culture and Sport in the Russian Federation” distinguishes an athlete and a competitive sportsman. This classification implies important legal consequences as the federal legislator establishes a special status of members of athletic national teams. Other classifications are rather possible. However, for our purposes the analysis of the main elements of the legal status is more important. Legal identity is an independent element of the labor status of an athlete or a coach. The provision on the indivisibility of such categories as labor legal capacity and capacity to enter into a labor contract is generally accepted in the labor legal science. The minimum age for a specific sport is defined in the federal standards for sport training, which have been developed in accordance with the Federal Law “On Physical Culture and Sport in the Russian Federation”. The ability to enter into an employment contract with athletes under 14 is consistent with Art. 37 of the Constitution of the Russian Federation. The guarantee of their exercising the employment rights is stipulated by Ch. 42 of the Labor Code of the Russian Federation, which establishes features of labor regulation of employees under 18. It should be noted that the employment of minors is only possible for athletes and is unacceptable for coaches, since according to Art. 348.1 of the Labor Code of the Russian Federation coaches should have compulsory educational qualification. With regard to sport, there is a question whether a person, whose capacity is restricted by the court or who was recognized incapable by the court, be the subject of sport relations? The significance of this problem is not only theoretical but also highly practical. Is training and competitive activities of the disabled deprived of legal capacity subject to the Federal Sport Act and

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the Labor Code; should an employment contract be concluded with them? We believe, yes. However, this thesis is still under discussion1. We agree with the opinion of those labor scientists who believe that the current mechanism of legal labor regulation does not provide for a special procedure for depriving a person of the capacity to enter into a labor contract, resulting in the lack of rules in the labor legislation that govern the procedure for the recognition of an employment contract invalid (null and void)2. The Russian legislation, as well as the relevant international instruments, persons with mental health problems are attributed to the group of physically impaired persons. Special legal mechanisms of social adaptation are provided for such people. The legislator confers special legal capacity to the citizens with mental disorders, the specific character of which creates the special legal status, their legal identity. The specific character of legal identity of citizens with mental disorders is in the ability to limit their rights and freedoms with regard to the finding of mental disorder only in cases stipulated by the Russian laws. The Labor Code of the Russian Federation does not provide for any restrictions and exemptions for this category of individuals. Standard Rules on the Equalization of Opportunities for the Disabled3 and the Declaration on the Rights of Mentally Retarded Persons of December 20, 19714 fixed the provision that a mentally retarded person has the same rights as other people to the maximum practical extent. In Russia, the Special Olympics of Russia deals with the development of the special Olympic movement. It is the all-Russian public charity organization assisting the disabled with mental retardation. Art. 31 of the Federal Law “On Physical Culture and Sports in the Russian Federation” fixes special rights for the disabled and physically impaired people. Training with the use of means of adaptive physical culture and sport, taking into account individual abilities and health condition, are organized for them. The Letter of the Russian Federal Agency for Physical Culture, Sports and Tourism (Rossport)5 defined the stages of training and the volume of such training load. All the above allows us to assume that athletes, whose capacity is restricted by the court or who were recognized incapable by the court, may be the special subjects of labor relations. 1 See: Zaytseva O . B. Labor Legal Identity as a Legal Category: Monograph. Orenburg, 2013; Yu. P. Orlovskiy. Labor Legal Identity of Citizens//Problems of State and Law of the Developed Socialist Society: abstracts of the republican scientific conference (24—26 September 1975). Kharkov, 1975; Fedin V. V. Labor Legal Identity of an Employee // LexRussica. Edited Volume of Moscow State Law Academy. M., 2004. No. 3, et al. 2 See: Mavrin S . P., Khokhlov E. B. An Employee as a Subject of Labor Law // Pravovedenie. 1996. No. 4. 3 Approved by the UN General Assembly on December 29, 1993 // SPS “ConsultantPlus”. 4 See: Resolution 2856 (XXVI) // SPS “ConsultantPlus”. 5 See: On Methodological Recommendations for the Organization of Sport Schools in the Russian Federation: Letter of the Federal Agency for Physical Culture and Sport of December 12, 2006, No. СК-02-10/3685 // SPS “ConsultantPlus”.

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Let us consider another aspect of an athlete’s legal status, namely, the opportunity to realize the employment relationship through a representative (agent). In terms of juvenile athletes, this issue is directly regulated by Art. 63 of the Labor Code of the Russian Federation. However, the widespread practice of activity of the athletes’ agents remains controversial. B. K. Bergichev drew attention to the employee’s opportunity to exercise his rights through a representative in the labor law science1. Exploring the issue of legal identity in the labor law, he singled out a group of rights “that do not necessarily require the participation of the person affirmatively authorized by law, and which may be exercised through a representative”.2 In his opinion, they include the right to receive wages, guarantee and compensation payments, the right to compensation for damage caused to the employee’s health, the right to apply for the protection of violated labor rights and interests, etc. Much later, V. M. Lebedev rightly pointed out that the possibility or the need to transfer some of their powers arises for the subjects of labor law in cases where they enter or are already in the following relationship: a) of property nature, b) procedural, c) remedial3. In such cases, the law does not always necessarily require the personal participation of the subject in the exercise of the rights. However, Articles 15 and 56 of the Labor Code provide for the employee’s personal participation in labor relationship and do not allow them to enter into an employment contract through a representative. In addition, Russia has not ratified ILO Convention No. 181 “On Private Employment Agencies” yet. Although, according to Yu. P. Orlovskiy4, the Labor Code of the RSFSR of 1922 contained a special article on the actual representation (Art. 32 provided for the employer’s liability in cases of actual representation), we believe that the modern labor law has no significant grounds for the formation and development of the representation institute, as, for example, the civil law, as the employment relationship does not allow for the replacement of subjects. The personal nature of labor is the basis of the employment relationship. Thus, participation of the athletes’ agents in labor relations is rather disputable. Some sport federations have attempted to restrict the agents’ involvement in the sport5. The issue of the meaning of an athlete’s moral rights in his legal status is worth discussing. Freedom to work includes an unlimited number of possibilities for the implementation of individual abilities of a citizen to work, including 1 See: Begichev B . K. Legislative Recognition of the Institute of Representation in Labor Law // Proceedings of the conference on the results of research work for 1967, Sverdlovsk, 1968. 2 Begichev K. Labor Legal Capacity of Soviet Citizens. М., 1972. 3 See: Lebedev V . M., Voronkova E. R., Melnikova V. G. Modern Labor Law (Experience of Labor Law Comparativism)/edited by V. M. Lebedev, M., 2007. V. 1. 4 See: Orlovskiy Yu . P. Certain Legal Issues on the Release of Labor from Enterprises// Economic Reform and Labor Law: Proceedings of the scientific conference (27—29 January, 1969). M., 1969. 5 See: RFU Rules for Agent Activity//RFU official website [Electronic resource].

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through entering into employment relationship and, therefore, is a “manifestation of the will autonomy”1, promotes the subject’s independence, personality individualization, and appreciating of its advantages by the society2. It is quite common in sort when an athlete transmits his rights of image to a club or allRussian sport federation under an employment contract. At the same time, the concept and content of image rights is not stipulated by the Russian law. According to the principles of the European civil law, including Russian one, moral (non-property) rights are inalienable from the personality under any circumstances (clause 1, Art. 1265 of the Civil Code of the Russian Federation). Article 152.1 of the Civil Code of the Russian Federation protects the citizen’s image. Publication and further use of the citizen’s image (including photos and videos or work of art where he/she is depicted) are allowed only with the consent of the relevant citizen. At the same time, certain high-profile cases of foreign athletes are pushing Russian sport clubs to the inclusion of the relevant conditions into contracts with athletes. Everyone knows about the case concerning the name of Mark Messier, the rights to which the hockey player assigned to the company. However, a third party issued hockey sticks with his name. The court satisfied the company’s claim. However, this example is not indicative for Russia. Firstly, we are talking about the North American Ice Hockey League (that is, the United States and Canada, where there AngloSaxon legal system with the important role of a precedent applies). Secondly, in Mercier case, they perhaps meant the right to use the special name of the goods (but not right to the author’s name in the sense of copyright). After all, M. Mercier allows using his name on a particular product. We believe that labor activity of any Russian athlete, as well as the creativity of a writer or artist, is a way of self-expression within the framework of labor function, but is not a service. Services are provided by the club, the organizer of a sporting event, but not by the athlete. An athlete is an employee under an employment contract, that is, he performs a specific function, i. e. trains and participates in competitions. Therefore, the employer’s right to use the athlete’s image rights may not result in the prohibition to the athlete to independently use his own name, image, or pictures. Summarizing the legal status of an athlete, we should highlight the following features thereof: 1. Substantial personal factor as a result of personification of the employee’s athletic performance. 2. Specific features of professional activity (athletic performance) of an athlete manifested individually or in a team (sport team, national team). Sport success is the most important parameter of the athlete’s and sport team’s athletic performance and the criterion of the quality of labor. This 1

Tolstoy V. S. Personal Non-Property Legal Relations. M., 2009. See: Kroz M . K. Limits of Exercise of Citizens’ Non-Property Rights in Labor Relations// Laws of Russia: Experience, Analysis, Practice. 2012. No. 4. 2

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provision is fully in line with Art. 191 of the Labor Code of the Russian Federation. After all, sport success is public recognition. In addition, the quality of sport performance is determined by its science, visual appeal, and beauty. It is clear that for different sports such characteristics will be different. Quality is also determined by a continuing unpredictability of the result (boxers fight will not be perceived as an entertaining if one of the boxers wins in the first round). Unlike civil law, which clearly distinguishes the process and the result of activities, the labor law is characterized by the prevailing process. At the same time, with regard to the field of sport within the industry differentiation, it is appropriate to talk about the labor result, which follows directly from the work process and intersects with it. 3. Significant risks of damage to the athlete’s health and the regular damage to his health throughout his sporting activity. Damage to health is an integral part of sports activities (both in training and competitions). It can be expressed as the effects of sports injuries, including micro traumas, athletes’ occupational diseases, the effects of sports diet or influence of sport medicine, etc. 4. Specific features of the athletes’ working conditions. The following factors can be distinguished: Irregular working hours (performance and training in the evenings, at the weekends and on public holidays) and a substantial overwork in terms of total hours per week (as usually, athletes work more than forty hours a week during the peak periods of his sporting activity, i. e, during certain months during the sports season). Seasonal and/or cyclical nature of the athlete’s work, primarily because of its reference to the international or national sporting events. Relatively short career. Possibility for the athlete’s transition to another sport club exclusively within “transfer window”. 5. Additional responsibilities of athletes, which significantly differ from the standard ones for other spheres of public relations. An athlete, as an employee under an employment contract, should carry out all kinds of sport activities in the employing organization. When an athlete is involved in team sports, he can perform his functions solely within the team, and the effectiveness of his work directly depends on the efficiency of other players and smooth and efficient work of the whole team. The athlete’s duties in the framework of labor relations usually include the participation in the scheduled athletic training and sport events (performances, games, training camps, etc.), maintenance of good condition of used sports equipment or gear, maintenance of the best physical shape, following the strategic and tactical instructions of coaches and other staff, observing the rules of the relevant sports when participating in sport games or competitions.

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Personal freedom of the athlete is restricted. A sport club (athlete’s employer) determines the time, place, and method of his work, as well as the time and the conditions of his rest. In such a case, the athlete is limited in his personal (family) relations, the use of certain foods, drinks, medicines, etc. 6. Specific features of an athlete’s reassignment to another job. If we talk about the features of the mechanism of sport players in team sports transfer, the rules of such transfer do not correspond to the normal labor practice as they restrict the labor mobility (freedom) of athletes (sport players), i. e. their ability for transition from one employer to another. At the same time, the rules on sport transfers mat set forth (set forth in practice) a system of payments for transfers. The specificity here is connected to the presence of so-called transfer windows, i. e. limited periods of time when the transition of sport clubs players is allowed. If the employer has no plans to continue cooperation with a particular athlete, in the vast majority of cases this athlete is not entitled to apply and be accepted to another position at the same employer. 7. Features of an athletes’ employment contract. When considering the athlete’s suitability and, accordingly, the possibility to conclude an employment contract with him, his height, weight, gender, and age are often taken into account and, moreover, are positioned as his business qualities, which would be deemed discrimination in all other spheres of labor relations. Let us also consider the legal status of a sport coach. According to clause 24, Art. 2 of the Federal Law “On Physical Culture and Sport in the Russian Federation”, a coach is an individual with the appropriate secondary vocational education or higher vocational education, who trains the athletes as well as manages their activities in order to achieve competitive sports results. However, what kind of special education is mentioned in the Act? Is a coach a pedagogue? If to consider the coaches’ activity as pedagogic, then the regulations on the reduction of working hours (Art. 333 of the Labor Code), prolonged and extended leave (Art. 334, 335 of the Labor Code), and additional grounds for termination of employment contracts (Art. 336 of the Labor Code) shall apply to the coaches employed. This question has been partly answered by A. E. Bazykin1, in his dissertation, where he suggests distinguishing between the statuses of the teaching staff and sport coaches. However, a number of issues remain unresolved. If the coach’s labor activity is related to the education and development of minors at the sports and fitness stage and during initial training, then the worker is subject to the Ch. 52 of the Labor Code of the Russian Federation “Regulating the Work of Teachers”. It is obvious that it is inappropriate to apply these provisions of the Labor Code to sport coaches carrying out their activities in the national teams and at other stages of sport training: at the 1 See: Bazykin A. E. Legal Regulation of the Work of Coaches: dissertation for Ph.D. (Law). M., 2012.

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training stage (stage of sports specialization), stage of sport skills improving, and sport mastery stage. However, the need for establishment of special guarantees and compensations for such a coach, as well as recognition of features of regulation of his labor is undoubtful.

§ 4. Legal Status of Sport Physicians Before direct consideration of the legal status of a sport physician we would like to say a few words on the definition of concepts of a medical professional, a doctor, and their ratio. The legal definition of a medical professional is stipulated by the Federal Law dated November 21, 2011 No. 323-FZ “On Principles of Public Health Protection in the Russian Federation”1. A medical professional is an individual with medical or other education, who is employed by a medical entity and whose labor (job) duties include medical activities; or an individual, who is an individual entrepreneur directly engaged in medical activities. Thus, we should distinguish the following qualifying signs of a medical professional: • Engagement in medical activities in a medical entity; • Special education. We agree with S.Yu. Golovina that the latter is more a condition for admission to medical practice than a sign of a medical professional2. This point is confirmed by Art. 69 of the Healthcare Act, which links the right to exercise medical activities with the subject’s appropriate education. Educational issues are directly related to the professional standards of a medical professional. The right to exercise medical activities in the Russian Federation is granted to the following persons (Art. 69 of the Law on Principals of Citizen’s Health Protection): • Before January 1 2016 — to the persons who received higher or secondary medical education in the Russian Federation in accordance with federal state educational standards and have a professional certificate; • Since January 1, 2016 — to the persons who received medical or other education in the Russian Federation in accordance with federal state educational standards and have a professional’s accreditation certificate. Thus, Art. 69 of the Act refers only to persons entitled to be engaged in medical activities under certain conditions, whereas the definition of the legal status of a doctor in modern jurisprudence is still missing. 1

See: CS of Russia. 2011. No. 48. November 28. P. 6724. Golovina S. Yu. Features of Labor Legal Status of Medical Staff // Medical Law. 2013. No. 6. P. 22–26. 2

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The range of persons entitled to carry out medical activities is regulated by a number of regulations1 and includes: sport physicians; pediatric surgeons, cardiologists, etc. However, neither the previous nor the current Principles of Public Health Protection2 define such concepts. The concept of a physician provided by Federal Law No. 323 as a doctor, who is charged with the organization and provision of direct patient care during the observation period and treatment is significant in its content compared with the concept of a medical professional (according to Art. 2 of Federal Law No. 323, medical activities can be carried out by persons without medical education but assisting in the provision of professional medical care. Art. 350 of the Labor Code of the Russian Federation contains the term “medical professional of a healthcare organization”. It is worth noting that the term “healthcare organization” has not been used since the approval of the Principles of Public Health Protection and is replaced by the term “medical organization”. Let’s say that it seems appropriate to replace the term “medical professional” in Art. 350 of the Labor Code of the Russian Federation with the term “doctor”, so that the legal regulation of the corresponding subject meets the goals and objectives meant by the legislator when including special regulation in the Labor Code. After all, the work of doctors is intense and requires considerable physical and emotional tension, which is caused by high responsibility for the life and health of people3. As noted above, medical professional include not only doctors, but also paramedics, medical receptionists, nurses, and matrons, who belong to junior medical staff. It is hardly necessary to distribute the guarantees of reduced working hours and provide additional annual leave to junior personnel. Meanwhile, the term “doctor” is widely used by the legislator. It can be found in many regulations. For example, we can find this term in the Principles of Public Health Protection (p. 15 of Art. 2, p. 6 of Art. 20, p.p. 7 and 8 of Art. 21, p. 4 of Art. 33, p. 2 of Art. 47, Art. 48, p. 3 of Art. 59, p. 3 of Art. 66, p. 1 of Art. 67, Art. 71, p. 3 of Art. 76. At the same time, the term “doctor” is mentioned in the Federal Law “On Transplantation of Human Organs and/ or Tissues”4 and the Federal Law “On Psychiatric Care and Guarantees of Citizens’ Rights Thereto”5. 1 Order of the Ministry of Health of Russia dated December 20, 2012, No. 1183н (as revised on August 1, 2014) “On Approval of the Nomenclature of Positions of Medical Professionals and Pharmaceutical Staff” // Rossiyskaya gazeta (Российская газета, the Newspaper “Russian gazette”). 2013. No. 65. March 27. 2 Federal Law dated November 21, 2011 No. 323-ФЗ (as of December 31, 2014) “Principles of Public Health Protection in the Russian Federation // CS of Russia. 2011. No. 48. Nov 28. Art. 6724. 3 See: Commentary to the Labor Code of the Russian Federation (by Articles). 6th ed., revised and amended / editor in chief Yu. P. Orlovskiy. M., 2014. 4 See Russian CPD and SC Gazette. 1993. No. 2. Jan. 14. Art. 62. 5 See Russian CPD and SC Gazette. 1992. No. 33. Aug 20. Art. 1913.

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The concept of a physician available in the Principles of Health Protection cannot eliminate the lack of definition of the “doctor” term. Moreover, the absence of the above concept prevent clear definition of the status of such professionals as anesthesiologists, doctor on duty, intern, and others, whose activities, according to E. V. Kozminykh also “in a specific clinical case results in certain legal consequences in terms of responsibility for the failure to comply with duties or damage to life or health of patients”1. Thus, today there is a need for legislative recognition of the concept of a “doctor”, which, according to some scientists2, will help to eliminate uncertainty. Now, we shall analyze the legal status of sport physician. The job of sport physician is provided for in the Unified skills guide for positions of managers, specialists and non-manual workers3. The Order issued by the Ministry of Sport and Tourism of the Russian Federation dated April 16, 2012, No. 347 “On Approving the List of other specialists in the field of physical culture and sport in the Russian Federation and the List of specialists in the field of physical culture and sport who are included into the personnel of the Russian Federation national sport teams”4 provide for the position of sport physician of Russian national sport teams (in the definite sports) and the job demands thereto. These guides are the grounds for the development of job descriptions that contain a specific list of job duties taking into account the peculiarities of staff of medical organizations related to physical culture and sport5. For example, a sport physician shall carry out comprehensive in-depth medical examination and check-up of athletes and people engaged in physical training and culture; conduct medical supervision of disabled athletes, female 1 Kozminykh E. V. What’s New in the New “Principles for Doctors and Patients from the Point of View of Court Practice”. Commentary to the Federal Law “Principles of Public Health Protection in the Russian Federation” [Electronic resource] URL: http://пмпц. рф/i№dex.php?optio№=com_co№te№t&view=article&id=77:sam-komme№tari-k-ovimos№ovam&catid= 2: pmpc & Itemid = 15 2 See: Suchkova T. E. Regarding the Need for Legislative Recognition of the Concept of “Doctor” // Medical Law. 2014. No. 3. P. 12–17. 3 See: the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated July 23, 2010, No. 541н «On Approving the Unified skills guide for positions of managers, specialists and non-manual workers, section “Skill requirements in the sphere of health care» // Rossiyskaya gazeta. 2010. No. 217. September 27. 4 See: the Order issued by the Ministry of Sport and Tourism of the Russian Federation dated April 16, 2012, No. 347 «On Approving the list of other specialists in the field of physical culture and sport в Российской Федерации и the list of specialists in the field of physical culture and sport, входящих в составы спортивных сборных команд Российской Федерации» // Rossiyskaya gazeta. 2012. No. 109. May 16. 5 See: Alexeev R. Legal groundwork for athletes’ health protection // Sport: Economy, Law, Management. 2013. No. 3. P. 7–17.

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athletes taking into account the age criteria of admission to sport training activities and competitions1. The guide in question notes that a sport physician should have higher vocational education and post-graduate vocational education (medical residency) in the specialty “Physical Therapy and Sports Medicine.” Now, it is necessary to focus on the analysis of issues of qualification and professional standards of medical staff in general and sport physicians in particular. The features of the vocational educational programs of medical education are governed by Article 82 of the Federal Law, dated December 29, 2012 No. 273-FZ “On Education in the Russian Federation”2. The Concept of the Long-Term Social and Economic Development of the Russian Federation up to 20203 notes that one of the ways of increasing the quality of the work is to develop a system of professional standards. The document stated that by 2015, Russia should have developed at least 800 professional standards. However, the process of developing these documents is pretty slow. Until now, the professional standards for medical workers have been developed but not coordinated and not approved. One of the important advantages of establishing and further use of professional standards is that they describe exactly the functionality of workers, as well as take into account the possibility of further training of workers. In accordance with the Labor Code of the Russian Federation, the use of professional standards shall be possible: • when determining the job description in order to draw up an employment contract (Article 57 RFLC); • when setting the system of remuneration for the employees of state and municipal establishments (Article 144 RFLC); Professional standard is the description of the skills required for the employee to do a certain type of professional activity (Article 195.1 RFLC). Professional standards, in accordance with Article 195.1 RFLC, shall be developed in order to be applied: • by employers in forming the HR policy and in personnel management; in arrangement of training and certification of employees; in the development of job descriptions, works pricing, awarding of wage categories for employees, and establishing the payment systems taking into consideration the features of organizing labor and management; 1 See: the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated July 23, 2010, No. 541н “On Approving the Unified skills guide for positions of managers, specialists and non-manual workers, section “Skill requirements in the sphere of health care” // Rossiyskaya gazeta. 2010. No. 217. September 27. 2 See: the Legislation Corpus of the Russian Federation. 2012. No. 53 (part I). Article 7598. 3 Approved by the Ordinance issued by the Government of the Russian Federation, dated November 17, 2008 No. 1662-р (as of August 8, 2009) “On the Concept of the Long-Term Social and Economic Development of the Russian Federation up to 2020” // the Legislation Corpus of the Russian Federation. 2008. No. 47. November 24. Article 5489.

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• by organizations for vocational education in the development of vocational training programs; • in the development of the federal state educational standards of vocational education in the manner prescribed. According to the amendments to Article 57 RFLC, the prerequisite of employment contract is a job function which means the work by the job position in accordance with the staffing, profession and specialty, indicating the skills; a specific type of work assigned to an employee. Moreover, in the case where the Labor Code of the Russian Federation or other federal laws associate the fulfillment of works by certain jobs, occupations, or professions with compensations and benefits or restrictions, then the name of these jobs, occupations, or professions and skills requirements therefor must conform to the names and requirements set out in the skill guides. This requirement has always been mandatory for all employers regardless of their legal forms. Now, this wording has added the obligation to comply with not only skill guides, but also (or) the relevant provisions of professional standards, that is, the medical organization is obliged to apply the professional standards when using the model name of the job position or profession. In case of approval of the professional standards and registration thereof at the Ministry of Justice, the employer shall have the right to refuse a candidate to enter into an employment contract for non-compliance of his/her skills with the standard. However, it is a different matter when an employer is interested in a candidate whose skills do not meet the professional standard. In this case, an employment contract shall only be entered into if the employer is not a budgetary organization or any other organization which is legally obliged to apply professional standards. The issue will also be similarly resolved when an employee already works in the job for which the professional standard is adopted, and the skill of such employee does not meet the approved professional standard. In this case, the employer will have the following options: • to increase the skill level of the employee to the one required by the professional standard; • to reassign the employee, with the latter’s consent, to another position for which the employee’s skill meet the professional standard; • to dismiss the employee from the job upon the results of assessment. In any case, the right of a medical organization to improve the skills of a medical worker is provided by RFLC. At the present time, application of professional standards is a recommendation for all employers. However, in the future, the professional standards will be mandatory for all budgetary medical organizations. Currently, the skills and functional requirements for a sport physician are included into the professional standard “Expert in the field of medical rehabilitation” that is now under development.

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According to the project of professional standard posted in the website of the Ministry of Labor and Social Protection of the Russian Federation1, the said specialist must meet the following requirements: higher vocational education in one of the specialties: “060101 General Medicine“, “060103 Pediatrics”, medical residency by specialty “Physical Therapy and Sports Medicine” or retraining by specialty “Physical Therapy and Sports Medicine”. Job function of the specialist in question is to provide rehabilitation assistance in the direction “Physical Therapy and Sports Medicine”. It seems that the activities of a sport physician are much broader than the provision of rehabilitation assistance. Because the job of a sport physician includes jobs of dietitian, cardiologist, neurologist, psychologist. Naturally, he/she must know not only medicine, but also be literate in sport, i.e. know the characteristics of training in one or another sport, as well as control diet, rest, rehabilitation, be responsible for diseases and pathologies prevention, psychic unloading, etc. Sport physician should cover all human activities related to physical rigors—physical culture, physical therapy, and recreation measures2. The basic principles of health care for sports medicine are provided for in the Declaration adopted by the 34th World Medical Association General Assembly3. The Declaration, in particular, says: 1) The physician who cares for athletes has an ethical responsibility to recognize the special physical and mental demands placed upon them by their performance in sports activities; 2) When the sports participant is a child or an adolescent, the physician must give first consideration to the participant’s growth and stage of development; 3) The physician must ensure that the child’s state of growth and development, as well as his or her general condition of health can absorb the rigors of the training and competition without jeopardizing the normal physical or mental development of the child or adolescent.; 4) The physician must oppose any sports or athletic activity that is not appropriate to the child’s stage of growth and development or general condition of health. However, despite the recognition of the profession of sport physician by the international community, neither the Federal Law, dated December 4, 2007, No. 329-FZ “On Physical Culture and Sport in the Russian 1 See: [Online resource] URL: www.rosmintrud.ru/docs/mintrud/.../PS_spetcialist_po_reabil_rabote.doc 2 See: Gusov K., Shevchenko O. Sports law. The Legal status of athletes, coaches, referees, and other specialists in the field of physical culture and sport: handbook, second edition Moscow, 2012. 189 pages. 3 See: WMA Declaration on Principles of Health Care For Sports Medicine. Adopted by the 34th World Medical Association General Assembly, Lisbon, Portugal , September/October 1981 (text of the Declaration in Russian) [Online resource] URL: www.med-pravo.ru.

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Federation”1, nor the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated April 16, 2012, No. 347 “On Approving the list of other specialists in the field of physical culture and sport in the Russian Federation and the list of specialists in the field of physical culture and sport who are included into the personnel of the Russian Federation national sport teams”, do mention such job as a sport physician. However, as noted earlier, skill and functional characteristics of sport physician are established by the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated July 23, 2010, No. 541н2, the analysis of which leads to the conclusion that such profession is indeed covered by labor legislation. It seems that the absence of professional standard for sport physician is an omittance of the Ministry of Labor of the Russian Federation, which is a legal deficiency that needs to be corrected.

§ 5. Legal status of Russian national sport teams Victories at international sport events and multi-stage selections are the fundamental criteria for athletes to enter the so-called elite sport or sport of higher achievements. The athletes are selected since a young age, when they just begin to get into the chosen sport. Only the strongest ones can reach the podium demonstrating by their achievements their right to be the members of the national team. In the Federal Law, dated December 4, 2007, No. 329-FZ “On Physical Culture and Sport in the Russian Federation” (hereinafter — the Law “On Sport”), one should mark the concept of sport reserve, i.e. the persons undergoing sport training with a view to be included into the national sport teams, including Russian national sport teams (clause 15.2 Article 2 of the Law “On Sport”). Sport reserve is the foundation for national teams, and the proper formation thereof destines the results of Russia in international competitions in the nearest future. The Russian Federation participates in the arrangement of various activities for the preparation of Russian national sport teams for the Olympic Games and other international sport competitions; and the activities for the participation in such competitions; shall be responsible for the procurement, including the sport outfit; the financial, scientific, methodological, biological, medical and anti-doping support of Russian national sport teams (clause 2 part 1 Ar1 See: the Federal Law, dated December 4, 2007, No. 329-ФЗ (as of December 31 2014) “On Physical Culture and Sport in the Russian Federation” // the Legislation Corpus of the Russian Federation. 2007. No. 50. December 10. Article 6242. 2 See: the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated July 23, 2010, No. 541н “On Approving the Unified skills guide for positions of managers, specialists and non-manual workers, section “Skill requirements in the sphere of health care” // Rossiyskaya gazeta. 2010. No. 217. September 27.

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ticle 6 of the Law “On Sport”). Moreover, the Russian Federation subordinate entities and local self-governments shall also participate in the preparation and formation of national teams, which follows from the content of Articles 8 and 9 of the Law “On Sport”. Russian national sport teams are the collectives, comprising the athletes belonging to different age groups; coaches, scientists, and specialists in the field of physical culture and sport, formed by common Russian sport federations (with the exception of the Russian Olympic and Paralympic teams) to prepare for international sport competitions and to participate therein on behalf of the Russian Federation (clause 20 Article 2 of the Law “On Sport”). The Law “On Sport” stipulates the definition of sport delegation of the Russian Federation that is formed from among the members of the Russian national sport teams, the representatives of physical culture and sport organizations, the sport federations, the Russian Olympic Committee, the Russian Paralympic Committee, the Russian Deaflympic Committee, the Russian Special Olympics, the Russian Student Sports Union, the officials of governmental authorities of the Russian Federation who represent the Russian Federation at the international sport events, with the exception of the Olympic games, Paralympic games and other international sport events held under the patronage of the International Olympic Committee and the International Paralympic Committee, and (or) who ensure the rights and legitimate interests of the Russian athletes during the international sport events. The members of the sport delegation shall be approved by the Ministry of Sport of the Russian Federation. The procedure for the formation of Russian national sport teams is complex and consists of several stages. According to Article 16 of the Law “On Sport”, a common Russian sport federation shall have the right to carry out the formation, the preparation/ training of Russian national sport teams in the respective sports in order to participate in international sport competitions, and delegate them to participate in these competitions. The same article also provides for the duty of a common Russian sport federation to ensure training of the Russian national sport teams in the respective sports to participate in official international sport events, as well as the participation of these teams in the official international sport events, and the achievement by them of high sport results in accordance with the programs for the development of sports. Common Russian sport federations are required to post the lists of candidates for the Russian national sport teams and the criteria for their selection on their official websites; in addition, the procedure to approve such criteria should be included into the statute of the common Russian sport federation. The main actors of national sport teams, according to the legal definition, are athletes, coaches and other specialists. The rights and obligations of

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members of the national teams are governed by the Law “On Sport” and by employment contracts. In accordance with the Law “On Sport” (Article 24), athletes shall have the rights to be included into the Russian national sport teams provided that they meet the selection criteria and adhere to the procedure to form the Russian Federation national sport teams established in Article 36 of the Law “On Sport”. According to Article 348.6 of the Labor Code of the Russian Federation, employers are required, upon the calls (requests) from the common Russian sport federations, to delegate athletes and coaches with their written consent to the Russian national sport teams in order to participate in training and other activities in preparation for sport competitions and in international official sport activities as members of these teams. During the absence of an athlete or a coach at the workplace due to their travel to the location of the Russian national sport team and back, as well as due to their participation in sport activities as members of this team for the period of validity of employment contract, such athlete and coach shall retain their workplaces (jobs) and average salaries. The expenses on travel of an athlete or a coach to the location of the Russian national sport team and back, and other expenses associated with their participation in sport activities as members of this team, shall be reimbursed in the manner prescribed by the federal laws and other regulatory acts of the Russian Federation, and the rules approved by the common Russian sport federations. It is the exclusive right of the common Russian sport federation, represented by its head coach and managers, to include the certain athletes into the Russian national sport teams. The Ministry of Sport of the Russian Federation has established the procedure for the common Russian sport federations to agree upon the candidacies for head coaches of the national team in order to: ensure the selection of persons whose personal, business and professional skills will allow them, in the case of being appointed as the head coaches of Russian national sport teams, to organize and to ensure the efficient operation of coaches for the training of the Russian national sport teams and achieving by these teams the high results in official international sport competitions; as well as to ensure the stability and continuity in the work for the training of the Russian national sport teams for, and their participation in the official international sport competitions in order to strengthen the human potentialities of the Russian national sport teams. A candidate must meet the requirements established for the position of the head coach of the Russian national sport team by the Unified skills guide for positions of managers, specialists and non-manual workers, section “Skills requirements to physical training and sports workers”, approved by the Order issued by the Ministry of Health and Social Development of the Russian

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Federation, dated August 15, 2011 No. 916н (registered by the Ministry of Justice of the Russian Federation on October 14, 2011, registration No. 22054). When agreeing upon the candidates, there shall be considered the position of the common sport federation’s coaches board, if any. When considering a candidate from among the persons exercising their powers as the head coaches of Russian national sport teams, there shall also be taken into account the dynamics of the growing results of the performances of the Russian national sport teams at the Olympics, Paralympics, Deaflympics, World Games, World and European championships, and other major international sport competitions over the previous five years. The list of experts in the field of physical culture and sport who are included into the Russian Federation national sport teams shall be approved by the Ministry of Sport of the Russian Federation taking into account the opinions of the common Russian sport federations in the respective sports (part 2 Article 35 of the Law “On Sport”). The Russian national sport teams may have active and reserve teams (part 1 Article 35 of the Law “On Sport”). The lists of candidates for Russian national sport teams in the sports shall be formed each year by the common Russian sport federations, and shall be approved by the Ministry of Sport of the Russian Federation (part 1 Article 36 of the Law “On Sport”). The Ministry of Sport of the Russian Federation shall also approve the general principles and criteria for the formation of lists of candidates for the Russian national sport teams. The lists shall be formed based upon the performances of athletes in the past sports season at the official international sport competitions and official common Russian competitions. Also, according to clause 8 of the requirements set by the Ministry, the lists shall include athletes who showed good results in various age groups at the official international and (or) common Russian sport competitions, as well as coaches and other specialists in the field of physical culture and sport taking a direct part in training of the athletes who are the candidates for the members in the Russian national sport teams. The age groups for the athletes who are the candidates for the members in the Russian national sport teams shall be determined in accordance with the United Common Russian sport classification approved in the manner prescribed by the laws of the Russian Federation. In order to be admitted to participation in the Olympic Games, an athlete, a coach, an instructor or any other team official must comply with the Olympic Charter, including the admission conditions set by the International Olympic Committee, as well as the rules of the relevant international federation (IF) approved by the IOC; an athlete, a coach, an instructor or any other team official must be nominated by their national Olympic Committee. The aforementioned persons must:

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• respect the spirit of fair play and non-violence, and behave accordingly; • abide by and comply in all respects with the World Anti-Doping Code. Each IF establishes its own criteria for admission in their sport in accordance with the Olympic Charter. These criteria must be submitted to the IOC Executive Board. The application of the admission criteria shall be the responsibility of the international federations, the national federations being the member of the former, as well as the NOCs within their respective competences. The IOC Executive Board shall determine the number of all participants in the Olympic Games. The procedure and the deadlines for submission and acceptance of applications for participation of athletes in the Olympic Games shall be established by the IOC Executive Board. All the applications should be submitted as prescribed by the IOC, printed on a special form approved by the IOC and sent in the number of copies determined by the Organizational Committee of the Olympic Games. As a prerequisite for the participation in the Olympic Games, every athlete must comply with all the provisions of the Olympic Charter and the rules of the IF that manages his/her sport. The NOC nominating the athlete shall be responsible for ensuring the full acquaintance and implementation of the Olympic Charter and the World Anti-Doping Code by this athlete. Regarding the Olympic Games, the members of the Olympic team of Russia shall be approved by the Russian Olympic Committee (part 4 Article 36 of the Law “On Sport”). The Russian Federation Paralympic Committee, Deaflympic Committee, and the Special Olympics of Russia shall approve the members of the Russian delegation to the Paralympic Games, to the Deaflympics and to the World Special Olympics, shall delegate them to participation accordingly in the Paralympics, Deaflympics, and World Special Olympics, as well as determine the procedure and principles to form the Paralympics, Deaflympics and Special Olympics teams of the Russian Federation (part 3.1 Article 12, part 5 Article 36 of the Law “On Sport”). The Russian national sport teams for the preparation for the participation and for the participation in international sport competitions shall be formed by the common Russian sport federations from among the persons included into the corresponding list of candidates for the members of the Russian national sport teams in the sports. A sport federation can form its coaches board from among the coaches, physicians, and other experts in order to select the athletes for the national sport team. It is important that the members of the coach board, when selecting, were objective in all the criteria established by the sport federation. The training and formation of the sport teams of the Russian Federation subordinate entities shall be the responsibility of the regional sport federations (part 2 Article 16.1 of the Law “On Sport”).

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The lists of the candidates for the members of sport teams of the Russian Federation subordinate entities in the respective sports shall be formed annually by the regional sport federations. On the basis of these lists, the regional sport federations form the Russian national sport teams. The members, as well as the lists of candidates for the members of the Russian Federation subordinate entity’s sport teams, shall be approved by the executive authority of the Russian Federation subordinate entity based on the general principles and the criteria established by this authority. Procurement, including the sport outfit, scientific, methodological, biomedical, medical, anti-doping support of the Russian national sport teams, shall be at the expense of the federal budget (part 3 Article 35 of the Law “On Sport”). The procedure of procurement, including the provision of sport outfit, scientific, methodological and anti-doping support of the Russian national sport teams is approved by the Ministry of Sport of the Russian Federation. The Ministry of Sport of the Russian Federation (hereinafter — the Ministry), as the general manager of funds, shall report on the limits of budgetary obligations for the relevant financial period before the subordinated federal institution “The Russian Federation National Teams Sport Training Centre” (hereinafter—the Russian Training Centre) that directly carries out the procurement, including the sport outfit, sports equipment and gear, the scientific and methodological support of the national sport teams. The members of the Russian national sport teams, based on the practice, shall enter into employment contracts with the Russian Training Centre. The Russian Training Centre shall provide the purchased material and technical means for the support of the training process and for the participation in international sport competitions in accordance with the rules and terms of use based on the financial liability agreements entered into with the members of a sport team as with their employees. The procedure for medical and biomedical support of the Russian national sport teams is approved by the Ministry of Health of the Russian Federation. The medical support of the national teams members is an integral part of the training process, and includes a set of measures to arrange and render the health care to the members of these teams, including the aid aimed at improving the adaptation to extreme physical and psycho-emotional stress, maintaining a high physical performance, ensuring the achievement of the highest sport results—in accordance with the provisions of the International Convention against Doping in Sport, adopted by UNESCO at its 33rd session on October 19, 2005, in Paris (Legislation Corpus of the Russian Federation, 2007, No. 24, Article 2835) and ratified by the Federal Law, dated December 27, 2006, No. 240-FZ “On Ratification of the International Convention against Doping in Sport” (Legislation Corpus of the Russian Federation. 2007. No. 1. Article 3).

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The medical support of the national teams members during the sport events, that are included into the Universal Schedule of Interregional, Common Russian and International Physical Culture and Sport Activities, shall be carried out by the medical organizations under the jurisdiction of the Russian Federal Medical and Biological Agency (FMBA). The medical support of the national teams members when they are in their places of residence, as well as in other cases when these athletes are out of venues of sport events in accordance with the Order issued by the Ministry of Health and Social Development of the Russian Federation, dated August 9, 2010, No. 613н “On Approving the procedure to render medical aid during physical culture and sport events” (registered by the Ministry of Justice of the Russian Federation on September 14, 2010, No. 18428), shall be carried out by medical organizations and health departments of physical culture and sport organizations providing medical care based on the duly executed license for medical activities. Biomedical support of the national teams shall be carried out based on the request for medicines, dietary supplements, medical devices, to be submitted by the common Russian sport federation. The request shall be drawn up by a medical worker conducting biomedical support of the team (in electronic and paper media) taking into account the individual characteristics of the health of the national team’s athlete, and shall be agreed upon with the head (senior) coach of this team and with the common Russian sport federation. The Russian FMBA, based on the applications, shall deliver to the said medical worker the requested medicines, dietary supplements and medical devices. In accordance with part 4 Article 23 of the Law “On Sport”, the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated April 16, 2010, No. 365, approved the standards for the costs on the physical culture and sport activities included into the Universal Schedule of Interregional, Common Russian and International Physical Culture and Sport Activities. These standards set the amounts of money to pay for the services rendered during the official physical culture and sport activities. It should be noted that the medal stand apparel and other official uniform of the Russian national sport teams formed in the prescribed manner in order to prepare for the international competitions and to participate in them under the State Flag of the Russian Federation, shall depict the State Coat-of-Arms of the Russian Federation in the manner established by the Government of the Russian Federation. Based upon the Regulation issued by the Government of the Russian Federation in 2005, the Ministry of Sport of the Russian Federation approved the principles to use the image of the Russian Federation State Coat-of-Arms and the samples of placing thereof on the medal stand apparel and other official uniform of the Russian national sport teams. For the purposes of encouragement, the Decree issued by the President of the Russian Federation, dated March 31, 2011, No. 368, approved the Regula-

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tions on the procedure to pay the Russian Presidential scholarships to athletes, coaches and other professionals of the Russian national sport teams in the sports included into the program of the Olympics, Paralympics and Deaflympics; and to the champions of the respective Games. There are established 3000 Russian Presidential scholarships, including 700 scholarships for the athletes, coaches and other professionals of the Russian national sport teams in the sports included into the programs of Paralympics and Deaflympics at the amount of RUB 32,000 by monthly allowances. In addition to the scholarships at the federal and regional level, the members of the Russian national sport teams can be provided with other incentives. For example, the Ordinance issued by the Government of the Russian Federation sets the amount of remuneration payable to the Russian athletes on the basis of the performances at the XXII Olympic Winter Games and XI Winter Paralympics 2014 in Sochi. The amount of the remuneration payable to coaches and specialists is established by the Order issued by the Ministry of Sport of the Russian Federation together with the Russian Olympic Committee for the Olympics, and with Russian Paralympic Committee — for the Paralympics.

§ 6. Legal status of referees The Federal Law “On Physical Culture and Sports in the Russian Federation” provides for in section 21, Article 2, the definition for a referee as a person authorized by an organizer of a sport event to ensure the compliance with the rules of the sport and the provision (regulations) on the sport event, who has been specially trained and received the corresponding skill category. The skill categories of referees (umpires) are defined in the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated November 27, 2008, No. 56 “On Approving the Provision on Referees”1. This Provision stipulates the procedure to assign the skill categories to referees, and the content of the skill requirements for the candidates for these categories, as well as the rights and duties of referees. In Russia, there are the following categories of referees: a) the common Russian category referee; b) the first category referee; c) the second category referee; d) the third category referee; and e) the young referee. However, the Provision does not determine which legal rules (labor or civil law) shall regulate the refereeing; nor the minimum and maximum age for referees, the responsibilities of referees, nor the procedure to account the employment history of refereeing. The right to address these issues and to determine the additional (higher) skill requirements for each sport is delegated 1 See: the Order issued by the Ministry of Sport and Tourism of the Russian Federation, dated November 27, 2008 No. 56 “On Approving the Provision on Referees” // Bulletin of the Regulations adopted by the Federal Executive Authorities of the Russian Federation. 2009. No. 8.

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by the Provision to the common Russian sport federations for the subsequent approval by the Ministry of Sport of the Russian Federation. The analysis of the skill requirements for referees in such sports as horse riding, volleyball, modern pentathlon, biathlon, football, swimming1, etc., does not allow to answer these questions, either. According to D. Rogachev, the feature of refereeing in Russia lies in the fact that the referees, as a rule, are not employees of physical culture and sports organizations (as opposed to athletes and coaches). In practice, the referees and organizers of sport events (a sport federation, a league or an independent refereeing organization) enter into a civil contract for the provision of services (works). As the scientist supposes, it is absurd (but possible) to engage a referee for one match or for one day by an employment contract2. But, as F. Leviant correctly noted, the ability of non-conventional forms of labor to “coexist” with the necessary attributes of employment contract is proven by the longterm practice and legislation3. In our opinion, the fact that a citizen is engaged in refereeing does not prevent from entering into an employment contract with him/her; nor prevents him/her from fulfilling his/her job functions in his/her profession, specialty, or qualification. Refereeing and subordination of the workers to discipline and internal labor regulations are not mutually exclusive. As pointed out by K. Gusov, in the case of the employment contract, the worker’s subordination to discipline and internal labor regulations of an organization do not violate the principle of freedom of contracts, because the subordination is based upon the agreement of the parties4. A. Lushnikov and M. Lushnikova also believe that employment contracts are ensured by the freedom of expression, by autonomy of the will and the equality of the parties, with certain restrictions caused first of all by the need to protect the interests of a “weak” party to the contract (the employee), in some cases — in order to protect the social interests5. “The market, due to its nature, simply does not ensure the human social security. This security, in order to be ensured, must be introduced from outside”6. The analysis of the regulatory acts of the common Russian sport federations shows a malpractice established in Russia to enter with referees into civil contracts, or the absence of any agreements at all. 1

See: [Online resource] URL: http://www.miNsport.gov.ru/documeNts/miNistry-orders See: Rogachev D. The governance of refereeing in Russia // URL: sportslaw.ru/data/iles/ sudeystvo.doc 3 See: Leviant F. The types of employment contract. Moscow, 1966. 4 See: Gusov K. Contracts for labor in labor law within the formation of market economy: dissertation for Doctor of science (Law). 5 See: Lushnikov A. M., Lushnikova M. V. Labor Law: handbook: in 2 volumes. Moscow, 2009. Vol. 2. P. 289. 6 Livschitz R. Z. Labor legislation: now and in the future/editor in chief V. I. Nikitinskiy. Moscow, 1989. P. 187. 2

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For example, in basketball, there operates the common Russian public organization “Common Russian Colleague of Basketball Referees”1. The referees are the members of this organization and act based upon its Statute without any agreements. In athletics, there operates the Common Russian Colleague of Athletics Referees which is the committee of the All-Russia Athletic Federation2. Here, no contracts with referees are provided for, either. Thus, Russia has not yet developed a unified system of contractual regulation of refereeing. Whereas, in football, for example, as noted in the Strategy of development of refereeing and inspection of football for 2013 to 20203, the number of qualified referees between 2003 and 2012 increased slightly—from 3000 to 4000, which is obviously not enough for good support of numerous football competitions at all levels. According to the statistical calculations, this figure should have increased by 2.5 times. It seems that it is exactly the absence of a unified approach to the determination of the legal status of referees, to the issues of which rules of law should govern refereeing, who the referees must be subordinated to, their sport federation or an independent organization, what kind of agreement shall be entered into with them and what is the procedure for them to receive remunerations, what are their rights, duties and responsibilities — that actually leads to falling of Russia behind the advanced countries in the development of sport. The number of scientific researches on the legal status of referees in the Russian Federation is not large4. Moreover, these researches have gone out of date to some extent. Therefore, we believe that the understanding of the peculiarities of the legal status of referees may be adjusted based on the analysis of foreign judicial practice. Below are some excerpts from a number of relevant judgements connected with the social relations of referees (umpires). 1. The subordination of referees (umpires) directly to the sport federation is proven. Judgement made by the Brussels Labor Court, Belgium, 20 April 2000, No. 17/2000/RE, Case Ancion v. ASBL Union Royale Belge des Sociétés de Football Association (URBSFA)5. 1 See: Common Russian Colleague of Basketball Referees [Online resource] URL: www. vkbs.su 2 See: Documents of ARAF [Online resource] URL: http://www.rusathletics.com/fed/dok 3 See: [Online resource] URL: http://referee.ru/important/3 4 See: Alexeev R. The special features to govern the labor and the legal status of referees // Sport: economy, law, administration. 2013. No. 2. P. 8–13; Rogachev D. Governance of sport refereeing in Russia. 5 See: Ancion c. ASBL Union Royale Belge des Sociétés de Football Association (URBSFA)/ Décision du Tribunal du Travail, Bruxelles No. 17/2000/RE, 20.04.2000 [Online resource] URL: http://jure.juridat.just.fgov.be/?lang=fr (Cited by De La Rochefoucauld E. CollectionofsportsrelatedCASe-law/SportandLawCommission [Online resource] URL: http://www.olympic.org/ Documents/Reports/EN/en_report_264.pdf).

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A. Ancion was a referee affiliated to the Union Royale Belge des Sociétés de Football (URBSFA) since 13 January 1976. On 1 August 1994, he joined the higher category of referees authorizing him to referee international competitions with the Union Européenne de Football (UEFA) and the Federation Internationale de Football (FIFA). In the most recent rankings, Ancion was among the seven best Belgian referees and the 47 best international referees. Nonetheless, in 1998 and 1999, Ancion was told that five of the last penalties he had imposed were much disputable, and the actions resulting in the application of such penalties were the product of his imagination. After that, the referee’s work was structured in such a way as to enable him to improve his physical and mental condition. He disagreed and was dismissed for failure to comply with the rules. A. Ancion approached the Brussels Labor Court with action against the sport federation with the claim of his reinstatement, as well as with the claim to the Central Refereeing Committee of withdrawal of all the allegations calling into question Ancion’s psychological health, and a full apology. The Brussels Labor Court, considering the dispute, focused on the question of whether the referee A. Ancion was the employee in the relevant sport federation operating on the basis of an employment contract and subordinated to the respective sport federation; or he was engaged by the organizers of sport events as an independent person. In addition, the Court stated that the legal status of referees is not always certain. The Court found that the relevant sport federation had obliged the referees to participate in the social and pension insurance, and had paid contributions to the relevant funds. A. Ancion submitted the relevant payment receipts indicating the federation as the employer of the referee and A. Ancion as its employee. The Court came to the conclusion that such receipts proved the existence of labor relations between A. Ancion and the sport federation. In this way, the legal status of A. Ancion as a referee was clarified. However, considering the issue of the legality of the penalties imposed by the Central Refereeing Committee on A. Ancion, the Court stated that, although there are doubts about the legality of the application of such penalties as disciplinary punishment, this does not affect the fact of termination of the employment contract. Thus, the Court does not have the right to prescribe to the Central Refereeing Committee to reinstate the referee. On this basis, the claim was rejected. The analysis of the case allows to come to a conclusion about the existence of labor relations between referees and sport federations, as these relations are fully covered by the provisions of labor legislation. Also, E. La Rochefoucauld believes that sport federations cannot dismiss or suspend the activities of referees without giving any reason, and shall pay the insurance fees for the employees. In turn, referees shall attend training workshops, undergo the

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tests held by the sport federation, and shall have no right to freely conduct any other refereeing activity, nor choose matches1. We believe that such a structure of relations between the federation and referees may well be perceived in the Russian sport. Here, there is no direct relationship between the referee and the organizer of a sport event, thereby, the independence and objectivity of refereeing are manifested. 2. The subordination of the referees to sport league is proven. Decision of United States Court of Appeals, Second Circuit No. 429 F.2d 1003 of 13.07.1970 on the case “Alexander J. Salerno and William Valentine, Plaintiffs-appellants, v. American League of Professional Baseball Clubs, an Unincorporated Association, Joseph E. Cronin, Individually and As President of the American League of Professional Baseball Clubs, and Paul Porter, Defendants, bowie Kuhn, Individually and As the Commissioner of Baseball, Defendant-appellee)”2. The plaintiffs were the former umpires in the American League of Professional Baseball Clubs, who were discharged by the president of the League. The employer stated that this was for incompetence, whereas the plaintiffs considered the true and only reason was their endeavor to organize the American League umpires for collective bargaining. The plaintiffs had filed a complaint in the District Court for the Southern District of New York. They named as defendants the American League of Professional Baseball Clubs. The complaint contained two counts. The first alleged a claim under the Clayton Act 19143 and Sherman Act4 (on activities of trusts and prohibition of monopolies), the second asserted a claim for defamation. The USA Courts stated that wrongful discharge of an employee does not become an antitrust violation simply because the employer is a monopolist. The Decision confirms the powers of the Sport League to enter into employment contract with umpires. Decision of United States District Court, District of New Jersey No. 07-5023, 02.06.2009, case No. 07-5023 “Davis v. The Atlantic League of Professional Baseball Clubs, Inc.”5. 1

See: De La Rochefoucauld E. Collection of sports-related CASe-law. P. 71. See Alexander J. Salerno and William Valentine, Plaintiffs-appellants v. American League of Professional Baseball Clubs, an Unincorporated Association, Joseph E. Cronin, Individually and As President of the American League of Professional Baseball Clubs, and Paul Porter, Defendants, bowie Kuhn, Individually and As the Commissioner of Baseball, Defendant-appellee/Decision of United States Court of Appeals, Second Circuit No. 429 F.2d 1003 of 13.07.1970 [Online resource] URL: http://law.justia.com/CASes/federal/appellate-courts/F2/429/1003/433561 3 See: Clayton Antitrust Act 1914 [Online resource] URL: http://www.law.cornell.edu/wex/ clayton_antitrust_act 4 See: Sherman Antitrust Act (15 USC Chapter 1—Monopolies and combinations in restraint of trade) [Online resource] URL: http://www.law.cornell.edu/uscode/text/15/chapter-1 5 See: Davis v. The Atlantic League of Professional Baseball Clubs, Inc./Decision of United States District Court, District of New Jersey No. 07-5023, 02.06.2009 [Online resource] URL: http:// docs.justia.com/CASes/federal/district-courts/new-jersey/njdce/1:2007cv05023/207625/29/0. pdf?1270620074 2

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Davis served as an umpire in the League from 2001 through 2006. During his tenure, Davis was continually awarded an annual Uniform Umpire Contract for the following season. At the conclusion of the regular season in 2006, the League decided against awarding him with a contract for the 2007 season. Davis claimed that his age (52 at the time) was the underlying reason for such adverse employment action. Atlantic Professional Baseball League claimed that Davis had poor performance and allowed for a conflict of interest for one of the matches. The Court, settling the dispute, came to a conclusion on the legality of the employment relationship between the League and the umpire, found the fact of a discriminatory comment, but admitted the waiver of conclusion of a new employment contract with Davis as legitimate, since this waiver was justified (conflict of interests). The analysis of the court cases above shows that the status of referee depends a lot on the organizer of competitions. The employment relationship between the league and the referee can influence the result of the refereeing. All the above allows to point out at the following specific features of the legal status of referees. 1. Referees (umpires) are subordinated in their activities to sport federations, to organizers of competitions, or to an independent refereeing organization. 2. The specificity of functions of referees is significant. As a general rule, referees, umpires, and other persons executing similar functions in the field of professional sport are intended to fulfill approximately the following functions: • to manage the conduct of sport events (competitions, games, etc.) through the application of established rules, control over the compliance with the rules of the respective games for security, fairness and neutrality of sport competitions; • to detect the violations of the rules of a competition (game), to issue signals to participants and other officials on the violations or to ensure the conduct of competitions or games, to make decisions on the imposition of appropriate penalties according to the established rules, to impose such penalties; • to control over the conduct of sport competition, including giving permission to start the competition (match in the sports games, etc.), to suspend or stop the competition if necessary — according to the established rules of sports; • to exercise refereeing during the performances of professional athletes and sport teams at the competitions for the evaluation of the quality and the results in order to determine the winners; • to inspect the sports equipment and kit in order to protect the participants, and to ensure the safety of sport competitions;

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• to consider the allegations of violations of the rules and the complaints of players, as well as to ensure the compliance with the rules; • to resolve ethical (moral) conflicts between the participants in a sport event, to determine the boundaries of the lawful conduct of participants in sport activities, and (disciplinary, administrative or criminal) offenses. The activities of referees must meet the following principles: • the objectivity of the resulting assessment of sport performances, as well as the assessment itself as the result of visual and intellectual evaluations that are based on the comparison of the quality and other parameters of performance of a professional athlete or a sport team with the given parameters, or with the same parameters of the opponents i.e. other professional athletes or sport teams that participate in the competition; • the balanced and objective refereeing (both the process and result) in strict compliance with the rules of the sport and taking into account the interests of sport, in particular, the reasonable and optimal (not harming the entertaining characteristics of the sport event and other goals thereof) ratio of penalties imposed for misconduct of athletes (contestants) and for violation of rules during a sport event (match or game) and the actual number of such acts (including the obvious gross violations which must be fixed and punished); • the good quality of competitions in terms of compliance with the rules of the sport and the rules of the competition (a certain type or form), the availability of sporting order during the competition; • the confidence of athletes and fans. Some referees, for example, boxing referees, may carry out their activities and functions independently, others fulfill their job functions in groups1. The latter case requires teamwork, which also effects the skill requirements for referees2. Therefore, this can and must be about individual and collective sport result of referees in the field of professional sport. The refereeing has the specificity of working conditions expressed as follows: Firstly, a high degree of psychological stress and psychological tension caused in carrying out the referee’s functions. This stress and tension are due to the necessity of rapid decision-making and dynamically changing tension of sport events where a referee exercises his/her functions and implements the appropriate authorities. Moreover, the labor of referees is very stressful regardless of the sport (except for the rare circumstances of some sports such as chess) demanding the making of decisions as soon as possible. That means that the peculiarities of skill requirements for referees include the speed of decision-making, 1 See: What umpires, referees, and other sports officials do/The Bureau of Labor Statistics of the U.S. Department of Labor [Online resource] URL: http://www.bls.gov/ooh/entertainmentand-sports/umpires-referees-and-other-sports-officials.htm#tab-2 2 See: Athletes, Coaches, Umpires, and Related Workers [Online resource] URL: http:// www.aishtamid.org/pdfs/career/athletescoachumpcareer.pdf. P. 3.

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using the experience, skills, and one’s own assessment of what is happening during the competition. Referees often use conventional signals to communicate with athletes and spectators, they must know such signals and be able to apply them efficiently1. The specificity of qualification of referees is significantly different from the corresponding standards for other social activities. Referees must continually upgrade their skills. It is clear that such a duty is inherent in many other categories of work, but in sport, the ways of upgrading one’s skills by oneself have a specific nature. In particular, as noted by D. Vilorio, referees must attend the relevant seminars before, during and after the sport seasons in order to strengthen their knowledge of the game rules, as well as to study the amendments thereto2. For example, in Russia, there are the following activities being the strategic directions of football refereeing3: • to develop and implement a system of effective training and selection of referees; • to develop and implement the methods for improving the quality of special training of referees at non-amateur matches; • to improve the quality of evaluation of refereeing, and to improve the professional level of inspectors; • to train highly experienced instructors, teachers, and mentors. The legal status of referees, umpires and supervisors must ensure the independence of their refereeing, as well as nullifying the influence of officials who represent the authorities, leagues and clubs. Therefore, an employer who enters into an employment contract with a referee, that is a sport federation or an independent organization (association of referees) should be imposed on with additional duties (e.g., improving the reputation of referee), and with the responsibility for the appointment of reliable and experienced referees, referees’ teams and inspectors for competitions. Thus, in these terms, employer must have a special status.

§ 7. Organizations for sport training. Educational organizations in the field of physical culture and sports On September 1, 2013 the Federal Law of December 29, 2012, No. 273-FZ “On Education in the Russian Federation” came into force, which introduced significant changes in the organization of education in sport schools. 1 See: Vilorio D. More than play: Three careers in sports//Occupational Outlook Quarterly // [Online resource] URL: http://www.bls.gov/opub/ooq/2012/summer/art01.pdf; What umpires, referees, and other sports officials do. 2 Ibid. 3 See: The Strategy of development of refereeing and inspection of football for 2013 to 2020 [Online resource] URL: http://referee.ru/important/3

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According to art. 5 of the Federal Law, dated December 4, 2007, No. 329-FZ “On Physical Culture and Sport in the Russian Federation”, the subjects of physical culture and sports include educational organizations, engaged in the field of physical culture and sport. Educational organizations, subject to local conditions and interests of the participants, independently decide on the form of the physical culture classes, physical training aids, kinds of sports and motor activities, methods and duration of physical culture classes on the basis of federal state educational standards and physical fitness normative values1. The details on realization of educational programs in the field of physical culture and sports are provided in art. 84 of the Federal Law “On Education”. The realization of educational programs in the field of physical culture and sports is aimed at physical education of a person, acquisition of knowledge, skills and abilities in the field of physical culture and sports, physical development, healthy and safe lifestyle encouragement, promotion of health, revealing and selecting most talented children and teenagers, providing conditions for undergoing sport training, as well as personnel training, in the field of physical culture and sports2. In the field of physical culture and sports the following educational programs are implemented: 1) educational programs of basic and secondary general education, integrated with additional pre-professional educational programs in the field of physical culture and sports (hereinafter referred to as ‘integrated educational programs in the field of physical culture and sports’); 2) professional educational programs in the field of physical culture and sports; 3) additional general educational programs in the field of physical culture and sports. Additional general educational programs in the field of physical culture and sports include: 1) additional general enrichment programs in the field of physical culture and sports, aimed at physical education of a person, revealing talented children, providing them with basic knowledge on physical culture and sports (physical education programs and health and fitness programs); 2) additional pre-professional educational programs in the field of physical culture and sports, aimed at selecting talented children, ensuring conditions for their physical education and physical development, and providing them with basic knowledge, skills and abilities in the field of physical culture and 1 See: Part 1 art. 28 of the Federal Law dated December 4, 2007 No. 329-FZ (as of April 6, 2015) “On Physical Culture and Sport in the Russian Federation”. 2 See: the Federal Law of December 29, 2012 No. 273-FZ (as of December 31, 2014, with amendments as of April 6, 2015) “On Education in the Russian Federation” (as amended effective of March 31, 2015).

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sports (including the chosen kind of sport) and preparation to the undergoing of the sport training stages. To the minimum content, structure and realization conditions of additional pre-professional educational programs in the field of physical culture and sports, as well as terms of training, provided by them, the federal state requirements are applied, defined by the federal executive authority, performing functions on state policy formulation and statutory regulation in the sphere of education1. The specified federal state norms are to comply with the state federal sport training norms. Admission to training according to pre-professional programs in the field of physical culture and sports is carried out based on the results of individual selection, aimed at revealing persons with all the necessary qualities for the corresponding educational program participation, according to the procedure2, specified by the Ministry of Sport of the Russian Federation in coordination with the Ministry of Education and Science of the Russian Federation. The structure of the educational organization, carrying out integrated educational programs in the field of physical culture and sports, allows for opening boarding schools for such programs participants. The expenses, incurred by the participation of children in educational organizations with boarding schools, providing training of the reserve for the national sports teams of the Russian Federation and the Russian Federation territorial entities, are not charged to the parents. For the participants of educational programs of the secondary vocational education, integrated educational programs in the field of physical culture and sports, additional pre-professional programs in this sphere, the educational organization provides sport outfit, sport gear and sport equipment, transportation to and from the place of training and physical culture and sport events, boarding and lodging at the time of conducting training, physical culture and sport events, medical maintenance. The organization of providing sport outfit, sport gear and sport equipment, boarding as well as transportation to the place of training, physical culture and sport events, is carried out by the founders of the educational organizations respectively. To ensure the regularity participation principle in regard to the above mentioned educational programs and sport training, the educational organization 1 See the Decree of the Ministry of Sport dated September 12, 2013 No. 730 “On approval of the federal state requirements to the minimum content, structure and realization conditions of additional pre-professional programs in the field of physical training and sports, and terms of training provided by them” (registered by the Ministry of Justice of the Russian Federation on December 2, 2013 No. 30530). 2 See the Decree of the Ministry of Sport of the Russian Federation, dated September 12, 2013 No. 731 “On approval of the acceptance procedure for taking part in the additional pre-professional programs in the field of physical culture and sports” (registered by the Ministry of Justice of the Russian Federation on December 2, 2013 No. 30531).

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is entitled to open fitness camps, or ensure participants engagement in training spells, carried out by the physical education and sports organizations or educational organizations directly. The details of organizing and carrying out of educational, training and methodical activities in the field of physical culture and sports 1 are specified by the Ministry of Sport (Minsport) of Russia. The basic requirements to the sport training organization in the territory of the Russian Federation are provided by the Law on Sport, which defines sport training as a training process subject to prior planning, including a compulsory systematic participation in sport competition, and is aimed at physical education and development of sport skills of the sport training participants (cl. 15.1 art. 2 of the Law on Sport). A sports training is carried out based on the state (municipal) task to provide services on sport training2 or the agreement on service provision with regard to sport training in accordance with sport training programs. According to the specified law, the Russian Federation competence includes organization of development and approval of the federal sport training standards3, as well as ensuring compliance with the federal sport training standards on the part of the organizations, established by the Russian Federation and engaged in sport training activities in accordance with the legislation of the Russian Federation4. The competence of the Russian Federation territorial entities in the field of physical culture and sports includes: providing training of the sport reserve for the teams of the Russian Federation territorial entities5; providing activities of the regional sport training centers; ensuring compliance with the federal sport training standards on the part of the organizations, established by the territorial entities of the Russian Federation and engaged in sport training, as well as organizations, located in the Russian Federation territorial enti1 See: the Decree of the Ministry of Sport of the Russian Federation, dated December 27, 2013 No. 1125 “On approval of details concerning organization and carrying out of educational, training and methodical activities in the field of physical culture and sports” (registered by the Ministry of Justice of the Russian Federation on March 5, 2014 No. 31522). 2 It should be specified, that sport training in the city of Moscow is carried out free of charge, based on the state and municipal task to provide services on sport training. 3 Federal sport training standards are a set of minimum requirements to the sport training with regard to kinds of sports (except for applied military and service-oriented sports, as well as national sports, the development of which is not carried out by a corresponding all-Russia sport federation), developed and approved in accordance with the present Federal law and compulsory for the organizations, engaged in sport training (cl. 24.1 art. 2 of the Law on Sport). 4 These powers are added to the Federal Law, dated December 6, 2011 No. 412-FZ (as of December 25, 2012) “On introducing changes into the Federal Law “On physical culture and sports in the Russian Federation”. 5 According to the specified in the abovementioned law definition, “sports reserve implies persons undergoing sport training with the purpose of including them into the sports teams, including the national sports teams of the Russian Federation”.

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ties, established with no participation of the Russian Federation, the Russian Federation territorial entities, municipal units, and engaged in sport training in accordance with the legislation of the Russian Federation. Additionally, the executive authorities of the Russian Federation territorial entities in the field of physical culture and sports are entitled to exert control over the compliance with the federal sport training standards on the part of the organizations, established by the municipal units and carrying out sport training in accordance with the legislation of the Russian Federation. Belonging of a person to a physical education and sports organization, engaged in sport training, is defined based on the decree on acceptance in such an organization for the purposes of sport training, subject to the state (municipal) task to provide services on sport training or the agreement on service provision with regard to sport training. In case an athlete, a person, undergoing sport training, is accepted in an educational organization, and no agreement specified in part 3 art. 27 with such an athlete is available, while likewise no decree stipulated in part 3, art. 27 with regard to the person undergoing sport training is provided, the belonging of an athlete, a person, undergoing sport training, to and educational organization is defined based on the decree on acceptance in such an organization1. 1. Sport training stages According to art. 32 of the Law on Sport, while conducting sport training the following stages are provided: 1) sports and health stage; 2) initial training stage; 3) training stage (sport specialization stage); 4) sports skills development stage; 5) sports mastership stage. Sport and health stage is carried out by the organizations of further education for children, engaged in the field of physical culture and sports. The content of the sports and health stage is defined in accordance with additional general enrichment programs, implemented by such organizations in the field of physical culture and sports, and the requirements of the federal sport training standards2 are not applied to this stage. 1 See: art. 27 (part. 1, 2, 3.1, 4) of the Federal Law, dated December 4, 2007 No. 329-FZ (as of July 23, 2013) “On physical culture and sports in the Russian Federation”. 2 The sport training stages, carried out in accordance with the federal sport training standards and sport training programs with regard to kinds of sports, are not considered to be educational activities (as no educational programs are carried out). Therefore, the legislation provisions on educational activities and educational activities licensing are respectively not applied to these training stages. The educational activities are subject to licensing according to art. 91 of the Law on Education, Federal Law, dated May 4, 2011 No. 99-FZ “On certain activities licensing”, the Provision on educational activities licensing, approved by the Regulation of the Russian Federation Government, dated October 28, 2013 No. 966, as well as according to a number of regulatory legal acts of the Ministry of Education and Science of the Russian Federation.

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The content of the sport training stages, specified in cl. 2–5 part 1 art. 32, is defined by the sport training programs, developed and implemented by the organization, engaged in sport training, according to the requirements of the federal sport training standards. In case at one of the sport training stages, specified in cl. 2–5 part. 1 art. 32, the results of the sport training do not comply with the requirements, set forth by the federal sport training standards for a chosen kind or kinds of sports (sports disciplines), proceeding to the next sport training stage is not allowed. 2. Federal sport training standards In the Russian Federation for each kind of sports (with the exception of applied military and service-oriented sports, as well as national sports, the development of which is not carried out by a corresponding all-Russia sport federation), listed in the All-Russian register of kinds of sports, the federal sport training standards are specified, necessary to comply with at the development and realization stages of the corresponding training programs1. Federal sport training standards are designed to ensure: 1) uniformity of basic requirements to the sport training within the territory of the Russian Federation; 2) conformity to the plan of conducting sport training within the territory of the Russian Federation; 3) training of competitive athletes for sports teams, including national sports teams of the Russian Federation. Federal sport training standards include: 1) requirements to the structure and content of the sport training programs, including theoretical and practical parts mastering at each sport training stage; 2) physical fitness normative values and other sports normative values subject to age, gender of the sport training participants and kinds of sports specifics (sport disciplines); 3) requirements to the participation of persons, undergoing sport training, and persons, conducting it, in sport competitions, set forth with respect to the carried out sport training program; 4) requirements to the sport training programs implementation results at each sport training stage; 5) specifics of sport training realization for certain sports disciplines of the respective kind of sport; 6) requirements to the sport training programs implementation conditions, including personnel, material and technical resources, infrastructure of the organizations, conducting sport training, and to other conditions. 1 See: Art. 33 of the Federal law, dated December 4, 2007 No. 329-FZ “On Physical Culture and Sports in the Russian Federation”.

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For disabled or physically impaired persons, undergoing sport training, special federal standards are provided. Organizations, conducting sport training, ensure compliance with the corresponding federal standards, develop and implement sports programs based on such standards. Educational organizations of further education for children, engaged in the field of physical culture and sports, and implementing sport training programs, based on the corresponding federal standards, along with the specified programs carry out also additional educational programs in the field of physical culture and sports. Federal sport training standards are compulsory for the corresponding programs implementation by the organizations, conducting sport training. The specified standards are not applied by the employers to the athletes, employment contracts are concluded with, as well as by the All-Russia sports federation to sports team members of the Russian Federation of the respective kinds of sports. Sports training program is a program of a stage-by-stage persons training with respect to a kind of sport (sports disciplines), defining basic directions and training conditions at each of its stages, developed and implemented by the organization, conducting sport training in accordance with the corresponding federal standards requirements (cl. 10 art. 2 of the Law on Sport). Organization of the federal sport training standards drawing up and approval is carried out by the federal executive authority in the field of physical culture and sports. The powers of such authority (Ministry of Sport of the Russian Federation) are stipulated by the Russian Federation Government1. Physical fitness normative values and other sports normative values, subject to age, gender of the sport training participants and specificity of kinds of sports (sport disciplines), are coordinated with the federal executive authority, performing functions on state policy formulation and statutory regulation in the sphere of public health2. Federal sport training standards are to be approved at least once in four years. Federal sport training standards with respect to a kind of sport (sport discipline) are provided on the official site of the Ministry of Sport of the Russian Federation in the information and telecommunication network Internet3. 1 See: the Decree of the Russian Federation Government, dated June 19, 2012 No. 607 (as of November 2, 2013) “On the Ministry of Sports of the Russian Federation” (along with the Provision On the Ministry of Sports of the Russian Federation). See subcl. 4.2.27 of the specified Provision. 2 See: the Ministry of Health Care and Social Development of the Russian Federation, according to cl. 1 of the Ministry of Health Care of the Russian Federation Provision, approved by the Russian Federation Government, dated June 19, 2012 No. 608. 3 See: [Online resource] URL: http://www.minsport.gov.ru/sport/podgotovka/ 82/5502/ (date of access: 03/02/2014).

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Information on the organizations, conducting sport training, is provided in art. 34.1 of the Law on Sport. Sports training in the Russian Federation can be carried out by physical education and sports organizations, aimed, inter alia, at conducting sport training in the territory of the Russian Federation, including sport training centers, as well as organizations of further education for children, engaged in the field of physical culture and sports, and corresponding professional educational organizations. Federal sport training centers are established based on the Russian Federation Government decisions, on the proposal of the federal executive authority in the field of physical culture and sports, subject to the opinion of the All-Russia sports federation for respective kinds of sport. Regional sport training centers are established based on the decisions of the Russian Federation territorial entities executive authorities, subject to the opinion of the All-Russia sports federation for respective kinds of sport. The organizations, engaged in sport training, are entitled to use in its name the notion “Olympic” or the words and combinations derived from it, according to the procedure, specified by the federal executive authority in the field of physical culture and sports, unless otherwise provided by the federal laws (part 2 art. 34.1 of the Law on Sport)1. The participants acceptance procedure for the physical education and sports organizations, established by the Russian Federation and engaged in sport training, is specified by the Ministry of Sport of the Russian Federation. The participants acceptance procedure for the physical education and sports organizations, established by the territorial entities of the Russian Federation, or municipal units, and engaged in sport training, is specified by the public authorities of the Russian Federation territorial entities (part 3 art 34.1 of the Law on Sport)2. The participants acceptance procedure for the physical education and sports organizations, engaged in sport training, is specified by the founder (founders) of the physical education and sports organization, engaged in sport training in accordance with the Russian Federation legislation, and are stipulated in its Charter (part 4 art. 34.1 of the Law on Sport). The organizations, conducting sport training at the expense of the corresponding budgetary funds of the Russian Federation budgetary system, are entitled to implement the sport training programs outside the Russian Federation territory, if the sport training program provides for conducting sport events outside the Russian Federation (part 5, cl. 34.1 of the Law on Sport). 1

Part 2 art. 34.1 enters into force on January 1, 2017. See: the Decree of the Ministry of Sport of the Russian Federation, dated August 16, 2013 No. 645 “On approval of the participants acceptance procedure for physical education and sports organizations, established by the Russian Federation and engaged in sport training” (registered by the Ministry of Justice of the Russian Federation on October 18, 2013 No. 30221). 2

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In the course of implementing sport training programs the organizations, engaged in sport training, are to provide conditions for the health care of the persons, undergoing sport training, as well as to ensure investigations and record of the accidents, happened to the persons, undergoing sport training, and being no part to an employment contract with a physical education and sports organization, conducting no sport training (hereinafter referred to as a ‘sport training services customer’), at the time of their sport training undergoing in the organizations, engaged in sport training, including their participation in sport competition, provided for by the implemented sport training programs. Investigation and record of the specified accidents is carried out according to the procedure, set forth by the federal executive authority in the field of physical culture and sports in coordination with federal executive authority, performing functions on state policy formulation and statutory regulation in the sphere of public health (part 6 art. 34.1 of the Law on Sports). The Law on Sports further provides for the procedure of conducting sport training according to the guidelines of the physical education and sports organization (art. 34.2). It should be noted, that the given tendency is characterized by the least interest registered. According to the context of the part 1 of the said article, the sport training services customer is entitled to conclude with the organization, engaged in sport training, the corresponding service contract for undergoing sport training by the person, assigned by the sport training service customer. The payment for the services, provided by the contract in question, shall be carried out by the sport training service customer. A sample of the specified contract is approved by the Ministry of Sport of the Russian Federation1. Herewith the requirements to the subject matter of the contract in question, which is to be concluded in written form, are specified by the legislation. The contract shall provide for: 1) indication of the stage, sport training stages, at which sport training is to be conducted, the terms of training or its stages, kind or kinds of sport (sport disciplines), in which the said training shall be conducted; 2) sport training payment conditions, conditions of the expenses reimbursement for the medical maintenance, material and technical recourses provision of a person, undergoing sport training, including sport outfit, sport equipment and sport gear, necessary for the sport training participation, costs of transportation to and from the place of sport events, boarding and lodging at the time of holding events; 3) rights and obligations of the parties; 4) the reasons for contract termination and the contract termination procedure. 1 See: the Decree of the Ministry of Sport of the Russian Federation, dated August 16 2013 No. 637 “On approval of a sample of the contract for sport training” (registered by the Ministry of Justice of Russia on October 09, 2013 No. 30130).

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An athlete, who concluded an employment contract with a physical education and sports organization, and whose duties thereunder include the sport competition preparation and taking part in sport competition of a certain kind of sport or kinds of sports, shall have no right to undergo sport training in the given physical education and sports organization based on the sport training service contract. Such athlete is entitled to undergo a sport training, based on the sport training service contract in another physical education and sports organization, engaged in sport training, according to the kind or kinds of sports, not specified in the employment contract. A person, assigned for sport training participation, and a sport training service customer shall sign a contract. Such contract provisions could provide for the obligation of the said person to conclude an employment contract, specifying duties with respect to a kind or kinds of sport, that the sport training has been conducted for, with the sport training service customer, and in case of such obligation nonfulfillment, to reimburse the sport training expenses incurred on the part of the service customer. Should the person upon the sport training completion be contractually obliged to conclude an employment contract with the service customer he was assigned by, the duration of contract being equal to the term of sport training completion, specified by the sport training service contract, the document validity period shall not exceed 5 years. For a person, who successfully completed the sport training based on the service contract, no probation period is specified at the time of concluding an employment contract with the sport training service customer. A person, who completed the sport training with no employment contract concluded, shall have the right to carry no liability for the reimbursement of expenses, suffered by the sport training service customer with regard to the said person training as to the sport training service contract. The reasons for such reimbursement liability exemption are specified by the Ministry of Sport of the Russian Federation1, and are subject to medical contraindications to sport competition participation with respect to the corresponding kind or kinds of sports (sports disciplines). Such reasons include: 1. Medical contraindications to sport competition participation with respect to the corresponding kind or kinds of sports (sports disciplines). 2. Pregnancy. 3. Dependent child under three years of age. 4. Dependent child being a disabled person of group I or II. 1 See: the Decree of the Ministry of Sport of the Russian Federation, dated August 16 2013 No. 646 “On approval of reasons allowing for the liability exemption with respect to the reimbursement of expenses, suffered by the sport training service customer for the training of the persons, who completed the sport training with no employment contract concluded.” (registered by the Ministry of Justice of Russia on December 31, 2013 No. 31000).

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5. Dependent parent being a disabled person of group I or II. 6. Call to military service or alternative civil service. 7. Election as a governmental or local authorities member. Article 34.3 of the Law on Sport provides for the rights and obligations of the organization, engaged in sport training. The rights in such a case shall include the following: 1) to develop and approve sport training programs, to approve local regulatory acts with respect to the sport training procedure; 2) to select persons for the sport training according to the acceptance procedure for the physical education and sports organizations, engaged in sport training, specified by the legislation; 3) to exercise other rights in compliance with the legislation in the sphere of physical culture and sports, charter documents and local regulatory acts of the organization, engaged in sport training, and contracts on respective services provision. The obligations include: 1) to comply with the requirements of the federal sport training standards; 2) to ensure fullness and high quality of a person’s participation in sport training under the guidance of a coach according to the chosen kind or kinds of sports (sports disciplines) in compliance with the implemented sport training programs; 3) to ensure participation of the persons, undergoing sport training, in sport competition in accordance with sport training federal standards requirements; 4) to provide medical maintenance of the persons, undergoing sport training, including organization of systematic medical conditions review, at the expenses of the organization, engaged in sport training, provided for the fulfillment of state (municipal) tasks on sport training services provision or ensured by the sport training service contract; 5) to take measures on doping prevention and other anti-doping measures in sports, including yearly held classes with informing the sport training participants on the latest news concerning doping consequences for athletes health in sports and the responsibilities for the anti-doping rule violation; 6) to inform the sport training participants against signed acknowledgement on local regulatory acts in regard to sport training, as well as with ant-doping rules for the respective kind or kinds of sports; 7) to provide material and technical recourses provision of the persons, undergoing sport training, including sport outfit, sport equipment and sport gear, necessary for the sport training participation, costs of transportation to and from the place of sport events, boarding and lodging at the time of conducting events at the expenses of the organization, provided for the fulfillment of state (municipal) tasks on sport training services provision or ensured by the sport training service contract;

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8) to inform the persons, undergoing sport training and taking part in sport competition, on the norms, specified by the All-Russia sports federations, rules of the respective kinds of sports, provisions (regulations) on sport competition, anti-doping rules, provisions of the contracts with sport competition organizers, concerning athletes participation in the corresponding competition; 9) to assign persons, undergoing sport training, as well as coaches, in accordance with the requests of the All-Russia sports federations or organizations, engaged in sport training and established by the Russian Federation, for the sport events participation, including official sport competition; 10) to provide assistance in the physical education organization, as well as physical culture events, complex events on physical education and sport training of those engaged in educational organizations, implementing basic general and professional educational programs, based on the contracts concluded between the organization, engaged in sport training, and such educational organizations; 11) to fulfill other obligations in accordance with the laws on physical culture and sports, charter documents and other local regulatory acts of the organizations, engaged in sport training, sport training service contracts. Article 34.4 specifies the following rights and obligations for the persons, undergoing sport training. The rights in such a case include: 1) to master of the sport training programs for the chosen kind or kinds of sports (sports disciplines) in the scope defined by the organization, engaged in sport training, in accordance with the requirements of the federal sport training standards; 2) to use sport objects of the organization, engaged in sport training, the required medical maintenance, material and technical resources, including sport outfit, sport equipment and sport gear, required for the sport training participation, transportation to and from the place of sport events, boarding and lodging at the time of conducting events; 3) to exercise other rights according to the legislation in the sphere of physical culture and sports, charter documents and local regulatory acts of the organization, engaged in sport training, sport training service contracts. Obligations: 1) to fulfill obligations in accordance with the local regulatory acts of the organization, engaged in sport training, an (or) sport training service contracts; 2) to take part only in sport events, including sport competitions, provided by the sport training programs being implemented (except for participation in sport events, organized for the Russian Federation

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sports teams, or participation in sport events with respect to a kind or kinds of sports, specified by the employment contract of an athlete, undergoing sport training); 3) to follow instructions of a coach (coaches) of the organization, engaged in sport training, to comply with the established sports regimen, to fully take part in all the activities, set forth by the sport training program and sport competition preparation plans, to undergo in due time all the medical inspections, provided by the respective Federal Law, to follow the instructions of a physician upon agreement with coach (coaches); 4) to treat with due care the property of the organization, engaged in sport training; 5) to promptly notify the supervisors or other executive officers of the organization, engaged in sport training, or to one’s coach (coaches) on emergence of situations in the course of sport training participation, endangering one’s life or health, or other people’s lives or health, including informing on the used equipment or sport gear malfunctioning, illnesses or injuries, or disorderly behavior in the course of the sport training undergoing; 6) to fulfill other obligations in compliance with the legislation in the field of physical culture and sports, charter documents and local regulatory acts of the organization, engaged in sport training, sport training service contracts. A person, desirous to undergo sport training, shall have the right to be accepted in the organization, engaged in sport training, only subject to availability of the documents, certifying medical inspection undergoing in line with the procedure, specified by the authorized Russian Federation government federal executive body. Physical exertion with regard to the persons, undergoing sport training, is specified by the coach (coaches), subject to age, gender and health condition of such persons in accordance with the physical fitness normative values and other sport normative values, specified by the federal sport training standards (part 1–2 art. 34.5 of the Law on Sport). The All-Russia sports federations and accredited regional sports federations (hereinafter referred to as authorized sports federations), as well as their representatives, are entitled to exert public control over the compliance on the part of the organizations, engaged in sport training, with the federal sport training standards as to the respective kinds of sport according to the procedure, specified by the Ministry of Sport (art. 34.6 of the Law on Sport)1. Herewith, while exerting the public control, the authorized sports federations shall have the right: 1 See the Decree of the Ministry of Sport of the Russian Federation, dated August 16, 2013 No. 636 “On approval of the procedure on exerting control over the compliance on the part of the organizations, engaged in sport training of the federal sport training standards” (registered by the Ministry of Justice of the Russian Federation on October 31, 2013 No. 30281).

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1) to receive from the supervisors and other officials of the organization, engaged in sport training, the information on undergoing sport training as to respective kind or kinds of sports (sport disciplines); 2) to protect in accordance with the legislation of the Russian Federation the rights and legal interests of the persons, undergoing sport training, likewise with regard to the compensation of damage, caused to health in the course of the sport training undergoing; 3) to submit to the federal executive authority in the field of physical culture and sports proposals concerning federal sport training standards; 4) to address to the founder (founders) of the organization, engaged in sport training, with the requirement to eliminate the registered violations of the federal sport training standards. The representatives of the authorized sports federations shall also have the right to visit without restriction any organizations, engaged in sport training, including the sport objects used by them. In the course of exerting public control the authorized sports federations cooperate with Olympic and Paralympic Committee of the Russian Federation, the Ministry of Sport of the Russian Federation, as well as executive authorities of the Russian Federation territorial entities. General issues of the sport training organization in the Russian Federation are specified in the Methodical recommendations on sport training organization in the Russian Federation, approved by the Minister of Sport of the Russian Federation, dated May 12, 20141.

§ 8. Agents in sport 1. Notion and description of a sports agent. Details of agency regulation in sport Sports agents, who are they? And who can be a sport agent? Which are the current agency trends? To answer these questions a structured analysis is required, and therefore, we provide a stage-by-stage review of the agency regulation basics, including general-theoretical and legislative levels. The multitude of kinds of sports represents the sports life diversity. Proceeding from the general understanding of agency, any of us could become a sports agent. Herewith, many lean toward the idea that being an athlete’s relative or a friend is just enough. While others believe, sports agents are not necessary at all, and it’s quite enough to have a support of a coach, a sports manager, who shall carry out athletes shortlisting (selection) for their further sports competition participation. 1 See: the letter of the Ministry of Sport of the Russian Federation, dated May 12, 2014 No. ВМ-04-10/2554 “On the direction of methodical recommendations for the sport training organization in the Russian Federation”// Legal reference system ConsultantPlus [Online resource] (date of access: 12.02.2015).

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Let’s take a look at the main attractive features of the sports agents activity: An interesting job (interest to sport only increases with the time, the nationwide tasks in many countries of the world include the following: popularization and publicity of sport and healthy lifestyle, preparation of sport reserve, competitive on the international stage, emergence of programs, influencing the development of different kinds of sports, encouragement of the overall desire to strive for excellence in different spheres of human activity, and most significantly, in sport); High income (print and Internet publications provide the information on high revenues of sports agents and athletes, based on the salary or transfer payments, representing basis for the agent’s reward, and quite often some confidential information is disclosed). Prior to proceeding to the notion ‘agent’ description and analysis of its features, let’s make a short retrospective journey to the sports agency development history. Historically, an agent as a sport world participant, appeared in foreign countries at the beginning of the 20th century. This was dictated by the sports development itself, as well as its commercialization, as the attention toward sports agency mostly derives from the high level of income. The first case of a contract being signed by an athlete with the assistance of a representative was registered in 1925 in the United States of America 1. An outstanding student of the University of Illinois R. Grange, who did well in American football, baseball and basketball, upon graduation signed his first professional contract with “Chicago Bears” using the assistance of a representative, referred to as an agent today2. Still, such events were quite a rare thing at that time. In the USA agents grew active closer to the 1970ies. It should be noted that this period features free agent agreements in professional sport, as the majority of athletes had contractual obligations before their team by means of so called reserve system, on the principle “the club wishes, the club takes”, athletes had no choice or alternative. In practice athletes lived by the rule “take what you are offered, or forget about the competition”3. An athlete needed enough courage to overcome the existing system and resort to assistance of a representative. The majority opted for refusal from agent services. Closer to the mid 1980ies, the agents activities became more intense and profitable, which was due to the rising interest to sports competition. The ath1 See: Reisler J. Cash and carry: the spectacular rise and hard fall of C.C.Pyle, America’s first sports agent. Jefferson (North Carolina, USA): McFarland, 2009. 2 See: [Online resource] URL: http://sportslaw.uslegal.com/sports-agents-and-contracts/ sports-agents-history-and-law/ 3 See: Kenneth L. Shropshire, Timothy Davis. The Business of Sports Agents (2013) // University of Pennsylvania Press. 2 ed. P. 224.

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letes of North American leagues in hockey, baseball, basketball and American football started to compete with each other, rich clubs tried to take the best, the athletes’ salaries increased, and accordingly grew the interest of agents in offering athletes their services. Therewith, agency confronted also with some problems, the main of them being a high competition among the agents for the limited number of athletes, which inevitably brought about corruption. In 1986 the players of the Association of National Football League took poll and found out, that the number of certified agents significantly exceeded the actual number. In addition, to facilitate competition, certain representatives of players deliberately framed athletes with cases of theft and drugs to demonstrate them the necessity of a representative1. Incompetent and unethical acts of agents caused sport leagues to set forth requirements on regulation of representative activities. Agency in Russia started to develop only at the end of the previous century, following the established model of relationship between agents and athletes, sport clubs. Definition of an agent can be found in many dictionaries and encyclopedias. One can come across the notion “sports agent” in academic literature, regulatory legal acts, internal (local) documents, regulatory norms of the sport organizations, including sports federations, unions and associations. An agent, in the first place, is an athlete representative, which provides a number of services for the benefit of an athlete. An agent can be a natural or a legal person, of most significance is a kind or kinds of sport, the representatives are engaged in. Quite often a professional agent acts in several kinds of sports at a time; for example, in the USA you could see some services offers from agents, which specialize in hockey, baseball, national football etc. In Russia in the sphere of team sports agents are more concentrated on one direction, in our country with networking as a crucial importance factor, it’s not easy to be omnipresent. Sometimes it seems that problems, which outlived themselves in the Western world, are still present in our country. The notion of an agent can be defined by means of his or her activities: • legal assistance of clients when concluding a contract; • conducting negotiations at the time of the client transition (transfer) from one physical education and sport organization (sport club) to another. Additional types of sports agents activities include: • financial management of the client income and expenditure; • tax planning of the client activities; • settlement of disputes; • representation in court; • organization of training and competition activities; • insurance; 1

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• securities management; • charitable giving; • press conference organization and interactions with the Mass Media; • other activities. Sports agents clients are often represented by athletes, coaches, physical education and sports organizations (sport clubs), in certain kinds of sport, like in volleyball for example, this category could include other specialists as well: physicians, masseurs. In foreign literature we could find the following definitions of agents: an entity, acting on behalf of an athlete, when concluding sport contracts with professional teams or organizations. Apart from this, an agent provides other additional services for an athlete, starting with assistance in earning extra income from public activities (namely, taking part in lectures, seminars, show programs etc.) and advertising, ending with consulting an athlete throughout the active career period and upon its ending. In all the provided variants a sports agent is referred to as a representative of a player, that is, “a person, authorized to act on his or her behalf”1. In North America and Canada an agent is an important entity, taking part in interactions between an athlete and a sports organization (sport club). In many states of America regulatory acts are provided, which have specified the sports agency for more than 10 years already. This refers to Alabama, Arkansas, California, Florida, Georgia, Indiana and others.2 In sport leagues of such sports as baseball, American football, hockey, basketball, baseball, an agent partakes in collective agreements, made between the leagues and Players Associations. In such a case, agents act as certified representatives of athletes3. In collective agreement of the National Hockey League a notion “certified agent” is provided, an agent, duly certified by the NHL Players Association to represent the players’ interests when concluding standard contracts between players and clubs4. Players Associations certify agents and keep a corresponding register. They act as a collective agent for the league players. An agent takes part in signing contracts and all other documents concerning an athlete. The Kontinental Hockey League in its regulatory norms5 also provides an agent description, referring to him as to an individual entrepreneur and 1

See: Ruxin R. H. An athlete’s guide to agent (2009) // Jones & Bartlett Learning. P. 258. See: Gardiner S., O’Leary J., Welch R., Boyes S. and Naidoo U. Sports Law. Fourth edition // Routlandge. London and New York, 2012. P. 267. 2

3 4 See: [Online resource] URL: http://www.nhlpa.com/inside-nhlpa/collective- bargainingagreement 5 See: [Online resource] URL: http://www.iaaf.org/about-iaaf/documents/athleterepresentatives?utm_source=GCSResults&utm_medium=googlecse&utm_campaign= Search%20term:%20’athlete’s%20representatives’,%20Page1&utm_content=Slot2

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legal entity, certified by the Kontinental Hockey League, and providing feebased services for hockey players by means of legal or other arrangements on hockey players in hockey clubs of the Kontinental Hockey League, Senior Hockey League, Youth Hockey League, as well as other services (representative, advisory etc.). International Association of Athletics Federations does not provide for the notion “sport agent”, any person can be an athlete representative. In their regulatory norms, the association uses the term “an athlete representative”, a person, duly authorized and registered as an athlete representative in accordance with the rules, specified by the International Association of Athletics Federations 1. The regulatory framework for the sport agency in the Russian Federation is represented by: • regulatory legal acts of the Russian Federation; • regulatory norms of international and national sports federations and sport leagues. In Russia sports agency is regulated in accordance with the norms of the current legislation, and for the moment of the manual publication no legal definition of the notion “sports agent” is provided. The following general legal norms can be specified: the Constitution of the Russian Federation, Civil Code of the Russian Federation, Labor Code of the Russian Federation, Tax Code of the Russian Federation, Federal Law “On advertising”, Federal Law “On Physical Culture and Sports in the Russian Federation”. In foreign countries, for example, in the USA, France, Brazil, Argentina, Portugal, the sports agency is specifically regulated by the legislation2. For additional information on the issues of sports agency legal regulation the academic literature of the following authors is recommended: K. N. Gusov and О. А. Shevchenko3, М. А. Prokopets and D. I. Rogachev4, М. V. Omeljanskaja5. 1 See: [Online resource] URL: http://www.khl.ru/documents/KHL_regulations_glossary_2014-2017.pdf 2 Certain legal acts of foreign countries, translated by the native specialists of legal science, namely I. V. Ponkin, А. I. Ponkina, А. А. Solovyov, can be accessed via the link http://moscouecole.ru/ 3 See: Gusov K. N., Shevchenko О. А. Sports law. Legal status of athletes, coaches, referees and other specialists in the field of physical culture and sports. Second edition. Moscow, 2011. 4 See6 Prokopets М. А. “Twilight years of the football agency” // The fifth international applied research conference “Sports law: future considerations”: conf. materials /under the general editorship of K. N. Gusov, А. А. Solovyov; compiled by D. I. Rogachev, О. А. Shevchenko. MOSCOW, 2011. P. 120–127; Prokopets М. А., Rogachev D. I. “Football funfair: book on football agents”. Moscow, 2009. 5 See: Omeljanskaja М. V. The specifics of sport agency legal regulations // Moral standards in law. 2013. No 4. [Online resource] URL: http://moscou-ecole.ru/lib/nrav_imp/nravstvennye_imperativy_v_prave_2013_n4.pdf

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The notion “intermediary” in sport, new approaches to the agency regulation In football all the decrees, including those, concerning agency regulation, come from the International Federation of Association Football. On April 1, 2015 new rules, regulating activities of athletes representatives, shall come into force, with representatives referred to as intermediaries. The new rules have been approved by the FIFA Executive Committee on March 21, 20141. FIFA defines an intermediary as a natural or legal person, which on a fee basis or free of charge represents players and (or) clubs in negotiations, aimed at concluding employment contracts, or represents clubs in negotiations for transfer contract signing2. On July 11, 2014 at the 64th FIFA Congress in Brazil some modifications to the Charter and regulatory norms were introduced, required for the new rules implementation on cooperation with intermediaries. The decision to reform an agency system was taken by the FIFA back in 2009 at the 59th Congress to address the revealed shortcomings in the agents licensing system. Such a decision had stage-by-stage undergone open-ended discussions and consultations in different working parties and competent FIFA permanent commissions. The consideration was given to the contemporary relations issues between athletes and clubs. 2. Agency certification (licensing, certification, accreditation, registration) in the context of different kinds of sports In the majority of sports there are no restrictions for the sport agents activities. Therewith, in certain kinds of sports, such as football, hockey, basketball, volleyball, track and field athletics, a sport agent (representative, intermediary) shall have a corresponding license (permit) for carrying out activities. There are different types of permit (licensing, certification, accreditation, registration), operating at the national and international levels with respect to corresponding kinds of sports. Here are the examples of sport agents (representatives, intermediaries) activities regulation. Football. It should be noted, that the new FIFA rules do not regulate the activities licensing any more, but are aimed at providing effective activities control by means of introducing minimum standards and requirements, as well as registration of intermediaries (representative of athletes or clubs, when concluding employment contracts or transfer agreements). 1 It should be noted, that for the first time FIFA introduced norms on agency regulation in 1994. This is mentioned in the research of Miller F. Note verya gentisa bad guy (1996) 4 SATLJ 36. 2 See: FIFA (International football federation) Regulations on working with intermediaries (FIFA Regulations on Working with Intermediaries) [Online resource] URL: http://www.fifa. com/mm/document/affederation/footballgovernance/02/36/77/63/regulationsonworkingwithintermediaries_neutral.pdf

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Hockey. No general licensing rules (certification, accreditation, registration) of hockey agents, approved at the level of International Ice Hockey Federation (IIHF) are provided. Regulation of hockey agents activities in Russia since 2010 is carried out at the level of regulatory norms of the Kontinental Hockey League1. In accordance with the specified requirements, a hockey agent is obliged: • to have a KHL certification; • to have a license on conducting activities with regard to the employment of citizens outside Russia (if required). The KHL hockey players shall conclude agreements only with agents, who comply with the above mentioned requirements. Hockey players certification is carried out by the KHL Committee on hockey agents accreditation, a permanent collegial body, which along with certification specifies the procedural arrangements of the Provisional regulation and governs other issues, concerning certification. Certification is given for the period from 1 to 5 years at the claimant discretion. Certification is charged with a fee (certification fee) in the amount of 50 000 rubles for each year of the certification. Certification fee is paid by an Agent at a time for the whole certification period within 30 days from the moment the Committee takes decision on the certification approval. Claimants can be legal persons or individual entrepreneurs, registered in the Russian Federation and complying with the following requirements. The main feature of the hockey rules on the agency regulation is that the claimant shall have the executed in writing agreements on cooperation with at least 5 hockey players. It should be also noted, that an agent shall not be an official (a worker, an employee etc.) of the Kontinental Hockey League (KHL), Senior Hockey League (SHL), Youth Hockey League (YHL), Russian Ice Hockey Federation (RIHF), hockey club or any other organization, affiliated by the said organizations. The certification procedure includes the following: submitting documents and having an interview, paying a certification fee and obtaining or not obtaining a certificate. Upon the certification certificate receiving, an agent is authorized to use the status of a “KHL hockey agent”. The results of the KHL certification are acknowledged, and along with KHL allow to carry out agency with SHL, YHL and RIHL as well. An agent shall have the right to represent the interests of a hockey player only subject to an agency agreement being concluded with such player. 1 See: Provisional regulation of the KHL on hockey agents certification [Online resource] URL: http://www.khlptu.ru/files/0/1/864_File_polozhenie-ob-akkreditatsii.pdf

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An agency agreement shall be concluded according to the applied KHL model form. Certain deviations from the model form are allowed, in case the basic content of the agency agreement is preserved, as well as the provisions, specified by Provisional regulation on the KHL hockey agents certification. In case a hockey player is underage, an agency agreement shall be also signed by his legal representative, according to the Russian Federation legislation. An agency agreement is executed in three copies; each of them shall be duly signed by the representatives of both parties. The body copy shall belong to a player, the second copy is provided to an agent, and the third copy shall be submitted by an agent for approval to the Committee. An agency agreement shall come into force or terminate from the moment of its approval by the Committee. A hockey agent is obliged to ensure the liability risk of the agency, with the amount insured no less than 500 000 rubles for the whole accreditation period. The agent is also obliged to ensure the availability of his surname and signature, as well as the surname of the hockey player, the agency agreement is concluded with, in all the contracts with agent participation. Agents are not allowed to address a hockey player, who is already employed by a hockey club, with the purpose of persuading an agent into early termination of agreement with a hockey club or breach of the obligations specified by the employment contract. All documents, necessary for the certification completion, can be accessed in the Internet on official websites of the KHL Central Scouting Bureau1 and the KHL Players’ Trade Union2. The KHL regulatory norms specify no fixed size of the sports agent’s fee, therewith, it usually makes 5–10% of an athlete contract amount. Basketball. The FIBA specifies the licensing rules for the sport agency and licenses it3. The National association shall have the right to specify their own licensing rules of the agents, who take part in athlete transfers. Therewith, the rules shall: • be approved by the FIBA; • comply with the general FIBA principles; • not come into force prior to the written FIBA consent receiving. The FIBA rules shall prevail. An agent requires a valid license to conduct activities within the FIBA framework. 1

See: [Online resource] URL: http://agents-cib.ru/user/documents See: [Online resource] URL: http://www.khlptu.ru/akkreditatsija-agentov/?PHPSESSID =7368977f0bf3e91edf25c313c2c62337 3 See: FIBA (The International Basketball Federation) internal regulations (FIBA Internal regulations — book 3). [Online resource] URL: http://www.fiba.com/downloads/Regulations/2012/FIBABook3AG.pdf 2

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Basketball clubs and players under the FIBA jurisdiction are not allowed to use the services of agents, which have no license and are not subject to its rules. Shall an agent have no permit for legal practice in his own country, as lawyers in Russia, no license granting is required, therewith, the FIBA rules shall be observed. The FIBA license is personal and shall not be assigned to another person. An applicant shall prove having no record of prior convictions. An agent shall pay a fee upon the license granting, and pay it annually thereafter. He is obliged to take part in the FIBA seminars, starting with the end of the year the license was given in. A license granting procedure includes: submitting documents, having an interview and testing, paying a fee, and obtaining or not obtaining a license. An agent in basketball is obliged to insure his professional liability, with the amount insured equal to 250 000 Swiss franc. A sports agent’s fee in basketball, as defined by the specified rules, shall not exceed 10% of an athlete contract amount. Volleyball. The International Volleyball Federation sets forth sports agent licensing rules1. According to the specified rules, the license is given to certify an agent status in presenting interest of athletes, coaches and clubs in the course of international transitions. Athletes, coaches and clubs shall not use the services of an uncertified representative, nor shall they use the services of more than one agent. The licensing rules apply to the agents in the course of conducting negotiations and concluding contracts between coaches and national federations for taking part in sports teams. The licensing procedure includes: submitting documents, taking an exam, paying a fee, and obtaining or not obtaining a license. A fee amounts to 1000 Swiss franc. An indispensable condition is paying a guarantee in the amount of 5000 Swiss franc. The International Volleyball Federation specifies no requirement for an agent to insure his liability. The Volleyball Federation of Russia approved in 2010 the Provision on Sports Agents Roster. Licensing and keeping the Roster is carried out by the Sport Agents Committee. An agent shall represent the interests of athletes and technical specialists (coach, physician, masseur or statistician). The licensing procedure includes submitting documents, taking an exam, paying a fee, and obtaining or not obtaining a license. 1 [Online resource] URL: http://www.fivb.org/EN/FIVB/Document/Legal/FIVB_Agent_ Regulations_en_20140404.PDF

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An agent pays an annual fee to the VFR by the Executive Commission decision. An agent shall not represent more than 30 athletes and 10 technical specialists at a time. It should be noted that a fixed size of a sports agent’s fee is not provided by the regulatory norms at the national and international levels. Tennis. In tennis no unified requirements to sports agents licensing are provided. The main task of the tennis players’ agents is to ensure profit to their clients with the help of long-term advertising contracts. Tennis players have no guaranteed fee, income is represented by prize money, earned in tennis tournaments, therefore, it is important for all the athletes to have sponsors. Only in France the licensing rules for the sports agents in tennis are provided, along with other kinds of sports. All sports agents in France are governed by the provisions of the Sports Code of France. The sports agent license in the sphere of tennis is granted by the French Tennis Federation (the authorized committee). The license granting procedure includes submitting documents, taking an exam, paying a fee, and obtaining or not obtaining a license. The Minister of Sport governs the issues of granting the said licenses. The French Tennis Federation approves the sports agency regulations in the given kind of sports. A fee amounts to 500 euro. The key factor is a qualification and knowledge of a sports agent. In this regard, an agent with a valid license in another kind of sports can be eligible for an exemption from the exam. Sports agent’s fee in compliance with specified in France rules shall not exceed 10% of the contract amount. Track and field athletics. Track and field athletics is governed by the athletes representatives (Athletes representatives)1 regulations rules at the level of international federation. The following shall be noted from the abovementioned documents provisions: • An athlete representative shall be strictly a natural person, a legal entity shall not have the right to be an athlete representative; • An athlete shall have no right to use the services of an uncertified representative; • An athlete shall have no right to use the services of more than one representative. 1 [Online resource] URL: http://www.iaaf.org/about-iaaf/documents/athleterepresentatives?utm_source=GCSResults&utm_medium=googlecse&utm_campaign= Search%20term:%20’athlete’s%20representatives’,%20Page1&utm_content=Slot2

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The key factor for an agent in track and field athletics is his good reputation, experience, knowledge of track and field athletics, no record of prior convictions. The licensing procedure includes: submitting documents, taking an exam, paying a fee, and obtaining or not obtaining a license. According to the rules of the International Association of Athletics Federation, an agent shall be insured against all the risks and losses, caused by his unlawful acts or omissions. Instead of the envisioned insurance, an agent is entitled to present a bank guarantee in the amount no less than 30,000 US dollar. In conclusion it shall be noted, that it’s impossible to apply a unified regulation system to agents in sports, their activity is regulated subject to problems and interests, provided at the international and national levels in the respective kinds of sports. It should be noted that all agents (intermediaries, representatives) both in team and individual kinds of sports shall carry out their activities in good faith and avoid possible conflicts of interests.

§ 9. Legal status of foreign athletes and coaches In accordance with part 5 art. 11 RFLC, foreign athletes and coaches, employed in the Russian Federation, are governed by the norms of the Labor Law of the Russian Federation, unless otherwise specified by the Federal Law or international treaties. The same provision is specified in part 1 art. 327.1 RFLC. The basic legal regulatory acts, stipulating the rights and obligations of foreign athletes and coaches, are presented by those, regulating relationships arising at the registration of foreign citizens or stateless persons migration, related to their entrance to the Russian Federation, travel within the territory of the Russian Federation, while choosing or changing the place of stay or residence in the territory of the Russian Federation, or departure from the Russian Federation. The specified acts include the Federal Law, dated July 25, 2002, No.115FZ “On the Legal Status of Foreign Citizens in the Russian Federation”1, Federal Law, dated July 18, 2006, No.109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”2, Federal Law, dated August 15, 1996, No. 114-FZ “On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation”3, the Labor Code of the Russian Federation, and others. Thus, in the Federal Law, dated July 25, 2002 No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation”4 art. 4, concerning the 1

See: RFLC. 2002. No. 30. July 29. Art. 3032. See: RFLC. 2006. No. 30. July 24. Art. 3285. 3 See: RFLC. 1996. No. 34. August 19. Art. 4029. 4 See: Federal law of July 25, 2002 No. 115-FZ “On Legal Status of Foreign Citizens in the Russian Federation” // RFLC. 2002. No. 30. July 29. Art. 3032. 2

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basics of legal status of the Russian Federation foreign citizens, specifies, that foreign citizens in the Russian Federation shall enjoy the rights and discharge the duties on a par with the citizens of the Russian Federation, except for the cases, provided by the federal law. One of the debating points concerns the rightfulness of specifying the foreign employees limit for the sports federation itself. In accordance with subcl. 7 cl. 1 art. 16 FZ “On Physical Culture and Sport in the Russian Federation”, all-Russian social organizations shall have the right to specify the limits for taking part in the all-Russian official sports competition in the respective kinds of sports, with regard to the athletes with no right to play for the national sports teams of the Russian Federation in accordance with the norms of the international sports organizations, holding the respective international competitions. That is to say, any all-Russia sports federation is entitled to set forth in its regulatory acts the limits to the official sports competition participation for certain athletes. But this provision is of discriminative nature, as any restrictions of the right to labor shall be specified by the federal law only (art. 3 RFLC). To resolve this conflict the art. 20.3 and 20.4 were introduced into the Federal Law “On Physical Culture and Sports in the Russian Federation”1. Particularly, it is provided that participation of league players in international and all-Russian sports competitions has a number of restrictions, which are approved by the federal executive authority in the field of physical culture and sports in cooperation with all-Russia sports federations and sports leagues in the respective kinds of sport. The list of international and all-Russian sports competitions, which are subject to such restrictions, is approved by the federal executive authority in the field of physical culture and sports. The restriction for league players participation include requirements to the total number of such athletes, which are entitled to simultaneously take part in a sports competition, number of athletes allowed to be applied for a sports competition, requirements to sports results and the allowed general number of matches, the athlete took part as a member of a foreign country sports team, to the period of undergoing sports training in the Russian Federation, to sports results, demonstrated by an athlete in the course of his playing for physical education and sports organizations, conducting their activities in the territory of the Russian Federation. The restrictions with regard to the league players’ participation are specified for each kind of team sports, subject to the specifics of a kind of sports, or one of its disciplines, and are included in the provisions (regulations) of the respective sports competitions. Thus, the Ministry of Sport of the Russian Federation approved the lists of all-Russian sports competitions, which are subject to the participation restrictions for athletes, having no right to play for the sports teams of the Russian 1

See: RFLC. 2007. No. 50. December 10. Art. 6242.

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Federation, in all-Russian sports competition in football,1 and participation restrictions for athletes with no right to play for the sports teams of the Russian Federation in all-Russian sports competition in football2. The Federal Law also specifies, that physical education and sports organizations, carrying out their activities in the territory of the Russian Federation, and all-Russian sports federations are entitled to engage foreign citizens and stateless persons as highly qualified specialists in the field of physical culture and sports. The list of positions of such highly qualified specialists is approved by the federal executive authority in the field of physical culture and sports. For example, according to subcl. 1 cl. 5 art. 13.2 of the Federal Law, dated July 25, 2002, No. 115-FZ “On Legal Status of Foreign Citizens in the Russian Federation” the right to employ highly qualified specialists shall have physical education and sports organizations, which are not Russian commercial organizations, but carry out their activities in the territory of the Russian Federation, as well as all-Russia sports federations in case of employing highly qualified specialists in the positions, specified by the positions list of foreign citizens and stateless persons, approved by the Ministry of Sport of the Russian Federation. Pursuant to the general rule, foreign athletes and coaches shall have the right to enter into labor relationships as workers upon achieving 18 years of age. If, according to the federal laws or international treaties of the Russian Federation, an employer shall have no right to engage in labor activity the workers, being foreign citizens or stateless persons, no employment contract shall be concluded between them. For example, an employer is not entitled to engage foreign citizens as highly qualified specialists in providing trade services in consumer goods retail trade (including pharmaceutical goods). An exception is provided only for the workers, who administer and coordinate activities with regard to conducting trade (cl. 1.3 art. 13.2 of the Federal Law, dated July 25, 2002 No. 115-FZ “On Legal Status of Foreign Citizens in the Russian Federation”). According to chapter 50.1. RFLC “Specifics of Labor Relations Regulation with regard to Foreign Citizens or Stateless Persons” an employee, being a foreign citizen or a stateless person, and an employer shall have the right to conclude: • an employment contract for an indefinite period; • fixed-term employment contract in cases, provided in art. 59 RFLC. 1 See: the Decree of the Ministry of Sport of the Russian Federation, dated July 14, 2015 No.733 // Official web portal of legal information. URL: http://www.pravo.gov.ru (date of access: 16.07.2015). 2 See: the Decree of the Ministry of Sport of the Russian Federation, dated July 14, 2015 No.732 // Official web portal of legal information. URL: http://www.pravo.gov.ru (date of access: 16.07.2015).

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In the field of physical culture and sports the Russian Federation Government annually specifies the quote of foreign workers (cl. 5 art. 18.1 of the law No. 115-FZ1). For the year 2015 a quote of foreign workers, engaged by employers, is specified by the Russian Federation Government Decree of December 19, 2014 No. 14202. Thus, a quote of foreign workers, engaged by the employers, carrying out their activities in the territory of the Russian Federation in the sphere of sport (code 93.19) is set for 25% of the total number of workers, used by the specified economic entities. The requirement of foreign workers quote is not applied to the employers, when hiring highly qualified foreign specialists and members of their families (cl. 2 art. 13.2 of the Russian Federation law No. 115-FZ). The Labor Code of the Russian Federation provides for specific requirements to the content of the employment contract with a foreign athlete and a coach. In this concern, apart from the information, specified in part 1 art. 57 of the Labor Code of the Russian Federation, the contract shall include the following information: 1) on a work permit or a patent. Therewith, according to the part 4 art. 13 of the Federal Law, dated July 25, 2002 No. 115-FZ “On Legal Status of Foreign Citizens in the Russian Federation”, such a permit or a patent are not required for the following categories of foreign citizens: • residing in the Russian Federation on a temporary or a permanent basis; • taking part in the State program on providing assistance in voluntary resettlement of compatriots living abroad to the Russian Federation, as well as their family members, entering the territory of the Russian Federation; • engaged in labor activities, in cases and according to the procedure specified in part 4 art. 63 and art. 348.8 of the Labor Code of the Russian Federation; • acknowledged as a refugee in the territory of the Russian Federation, till the moment of loss or denial of a refugee status; • granted temporary refuge in the territory of the Russian Federation, till the moment of loss or denial of such temporary refuge; 2) on permit for temporary residence or residence permit; 3) provision on specifying the reasons for providing medical assistance to a foreign employee within the whole period of employment contract duration 1 See: the Federal law of July 25, 2002 No.115-FZ “On Legal Status of Foreign Citizens in the Russian Federation” // RFLC. 2002. No.30. July 29. Art. 3032. 2 See: the Decree of the Russian Federation Government of December 19, 2014 No.1420 “On specifying the quote of foreign workers employed by the economic entities, engaged in certain economic activities in the territory of the Russian Federation for 2015” // RFLC. 2015. No.1 (Part. 2). January 5. Art. 220.

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(including contract (policy) details of a voluntary medical insurance, or of a contract on providing fee-for-service medical care to a foreign employee, made between an employer and a healthcare organization). The said contracts (policy) shall ensure provision of a primary health care and a specialized emergency medical care. Shall the abovementioned information be not included into an employment contract with foreign citizens or stateless persons, being already employed, such employment contract shall be supplemented with the respective missing provisions. The Parties are entitled to additionally include into an employment contract information and provisions, specified in cl. 3 art. 22 of the ILO Recommendations, in particular: • conditions for entry into the country, the foreigner is going to perform labor activity in, as well as for stay on the territory of this country; • the procedure of travel expenses covering for an employee and his family members; • the procedure of expenses covering on return to a country of permanent residence as the case may be. Apart from the information, specified in cl. 65 of the Russian Federation Labor Code as required for an employment contract signing, a foreign athlete or a coach shall provide the following documents: • contract (policy) of a voluntary medical insurance or a contract on providing fee-for-service medical care to a foreign employee, made between an employer and a healthcare organization; • work permit or a patent; • the Russian Federation permit for temporary residence or residence permit. A work permit can be presented upon an employment contract conclusion, in case it’s not included in the list of documents, based on which the specified permit is executed. This happens, for example, when executing a work permit for a highly qualified specialist (subcl. 2 cl. 6 art. 13.2 of the Federal Law, dated July 25, 2002 No. 115-FZ “On Legal Status of Foreign Citizens in the Russian Federation”). In such a case an employment contract comes into force no earlier than on the work permit receiving day. Military service registration documents shall be presented only in cases, specified by federal laws, international treaties of the Russian Federation, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation. The Labor Code of the Russian Federation provides for specific rules of the temporary reassignment of a foreign athlete or a coach. A temporary reassignment of a foreign employee for the period of less than one month to perform work duties, not vested in by an employment contract, for the same employee shall be allowed without considering profession (specialty, position, kind of labor activity), specified in a work permit or a patent, based on which

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labor activity is conducted. However, this shall be allowed only once within a calendar year. Shall it become possible upon a temporary reassignment period termination to provide an employee, being a foreign citizen or a stateless person, with the previous work duties, his employment contract shall be terminated. An employment contract shall likewise be terminated, if due to emergency circumstances no possibility shall be available for an employee, being a foreign citizen or a stateless person, to perform his work duties, and in case of his repeated temporary reassignment within one calendar year. This is due to the fact, that a repeated (within one calendar year) temporary reassignment of a foreign employee for another position with regard to the emergency circumstances is not possible. Along with the cases, specified in art. 76 RFLC, other cases of terminating an employee, being a foreign citizen or a stateless person, are provided. These are the following: • suspension or validity period expiration of a permit for engagement and use by an employer of the foreign citizens, temporary residing in the Russian Federation; • validity period expiration of a work permit or a patent of the foreign employees temporary residing in the RF; • validity period expiration of a permit for temporary residence in our country; • validity period expiration of a permit for residence in the Russian Federation for foreign citizens, permanently residing in the RF; • validity period expiration with respect to the territory of the Russian Federation of a contract (policy) of a voluntary medical insurance, or termination of a contract, made between an employer and a healthcare organization, on providing fee-for-service medical care to a foreign employee, temporary residing in the Russian Federation. Shall the abovementioned cases take place, an employer is obliged to terminate (bar from working) such a foreign athlete (a coach). Bar from working is provided for the period up to one month. This period is allowed for the new documents execution. Shall a foreign employee receive no approval documents upon one month expiration, an employer shall have the right to terminate the employment contract on the grounds of the respective clause of art. 327.6 RFLC. Along with the general grounds, specified by the Labor Code of the Russian Federation, special grounds for termination of an employment contract with an employee, an athlete or a coach, being a foreign citizen or stateless person, are provided: • with regard to temporary residing foreign citizens or stateless persons: suspension, validity period expiration, or cancellation of an authorization on foreign employees engagement;

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• cancellation, validity period expiration of a foreign employee respective approval documents (work permit, patent, permit for temporary residence, residence permit, if required); • validity period expiration of a contract (policy) of a voluntary medical insurance or contract on providing fee-for-service medical care to an employee (with regard to residing foreign citizens or stateless persons); • bringing the number of foreign employees in line with the restriction, provided by the legislation. A quote of foreign citizen is annually specified by the Russian Federation Government, subject to regional specifics of labor market and the necessity of the labor priority principle with respect to the Russian Federation citizens. When determining such a quote, the Russian Federation Government specifies the period for ensuring compliance therewith on the part of economic entities, concerning the number of the foreign employees. Such period is provided with due consideration for an obligation of an employer to observe the employment agreement (employment contract) termination procedure, specified by the Labor Law of the Russian Federation (cl. 5 art. 18.1 of the Federal Law, dated July 25, 2002 No. 115-FZ “On Legal Status of Foreign Citizens in the Russian Federation”); • no possibility to provide an employee, being a foreign citizen or a stateless person, with the previous work duties upon temporary reassignment period expiration, and a foreign employee temporary reassignment (see comment to art. 327.5 RFLC). Legislature have excluded from the list of general grounds for the employment contract termination due to circumstances beyond the parties’ control (previous cl. 12 part 1 art. 83 RFLC) such a ground for employment termination as brining the general number of foreign employees (stateless persons) in line with the specified quote. It is included in cl. 50.1 of the Labor Code in the list of special grounds for foreign employees termination. An employment contract terminates upon one month expiration from the day of a validity period expiration: • work permit or a patent; • permit for temporary residence in the Russian Federation; • the Russian Federation residence permit; • contract (policy) of a voluntary medical insurance. An employment contract terminates no later than upon expiration of the period, provided by the federal laws, decrees of the President of Russian Federation, decrees of the Government of Russian Federation, which specify restrictions for conducting labor activity by foreign citizens. An employer is obliged to inform an employee, an athlete or a coach, being foreign citizens or stateless persons, on employment termination in a written form no later than three calendar days prior to termination, based on the following grounds:

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• no possibility to provide an employee with the previous work duties upon a temporary reassignment period termination; • no possibility of a temporary reassignment. In case of terminating an employment contract with an employee, an athlete, a coach, being a foreign citizen or a stateless person, with regard to a suspension or cancellation of authorization for foreign employees engagement and use, based on which a work permit to such an employee was issued, along with other cases, specified in part 3 art. 178 RFLC, a severance pay equal to average earnings of two weeks is provided. An extra amount of severance pay in case of foreign employees termination can be specified by an employment contract or a collective agreement. An exception is made for the cases, provided by the Labor Code of the Russian Federation (particularly art 349.3 RFLC, concerning restrictions to the amount of severance pay, compensations and other payments with regard to the employment contracts for certain employee categories). Specifics of foreign athletes and coaches labor activities regulations are provided for the persons, taking part in large-scale international competitions. According to art. 12 of the Federal Law, dated December 1, 2007 No.310-FZ “On Organization and Holding of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in the City of Sochi, Development of Sochi as an Alpine Climatic Resort and Amendments to Certain Legislative Acts of the Russian Federation”1, foreign citizens, taking part in the organization and holding of the Olympic and Paralympic Games, as well as foreign citizens, being participants of the Olympic and Paralympic Games, having Olympic Identity and Accreditation Cards, shall have the right to conduct their labor activity in the territory of the Russian Federation without obtaining work permits in the period of organization and holding of the Olympic and Paralympic Games. The Russian Federation Government was entitled to introduce a fasttrack simplified procedure of providing work permits to foreign citizens, being a party to employment contracts or other civil transactions with Organizing Committee “Sochi–2014”, and entered into the territory of the Russian Federation in the period of organization and holding of the Olympic and Paralympic Games. With regard to enactment of the Federal Law, dated June 7, 2013 No. 108-FZ “On the Preparation and Holding of the FIFA Football World Championship 2018, FIFA Confederations Cup 2017 in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”2 in the Labor Code of the Russian Federation a special article is introduced, regulating labor activity of the persons, engaged in preparation and holding of the FIFA Football World Championship 2018, FIFA Confederations Cup 2017 in the Russian Federation. 1 2

See: RFLC. 2007. No. 49 of December 3. Art. 6071. See: RFLC. 2013. No. 23. June 10. Art. 2866.

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The main idea of the specified law is providing a unified legal framework for complex implementation of state guarantees on the part of the Russian Federation to the International Federation of Association Football (hereinafter the FIFA). The article in question is of reference character, and provides, that specifics of labor activity regulation of persons, engaged in preparation and holding of the FIFA Football World Championship 2018, FIFA Confederations Cup 2017 in the Russian Federation, are provided by the Federal Law “On the Preparation and Holding of the FIFA Football World Championship 2018, FIFA Confederations Cup 2017 in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”. The provided by this Federal Law specifics of labor activity in the territory of the Russian Federation with regard to preparation and holding of the above-mentioned competitions, are aimed at implementation of the Russian Federation state guarantee “Work permit” subject to labor relationships specifics of foreign citizens and stateless persons in the territory of the Russian Federation. The Federal Law in question specifies the rules, other than in the Federal Law of July 25, 2002 No. 115-FZ “On Legal Status of Foreign Citizens in the Russian Federation”, concerning labor activity of foreign citizens in the territory of the Russian Federation. Thus, the Law confirms the right of foreign citizens and stateless persons, being parties to employment contracts with the FIFA, FIFA Confederations and national associations, the Russian Football Union, the Organizing Committee “Russia-2018”, the FIFA affiliated companies, commercial partners, counterparties, broadcasters and service providers, to conduct labor activity in the territory of the Russian Federation without obtaining work permits. The same right shall be provided to the participants of the FIFA Football World Championship 2018 and the FIFA Confederations Cup 2017 for the period of holding such competitions. The issues are specified with regard to introducing irregular working hours regime, work procedure and remuneration for work at night time, engagement in works on weekends and holidays and compensation for it, providing and granting vacation to employees of the FIFA, the FIFA Confederations and national associations, the Russian Football Union, the Organizing Committee “Russia-2018”, the FIFA affiliated companies, commercial partners, counterparties, broadcasters and service providers, the work duties of which include preparation and holding the FIFA Football World Championship 2018 and the FIFA Confederations Cup 2017.

Chapter 4 GOVERNING OF SPORT EVENTS § 1. On some issues of legal governance of arranging sport events The current version of the Federal Law as of December 4, 2007 No 329-FZ “On Physical Culture and Sport in the Russian Federation” 1 (hereinafter the Law on Sport) represents the main document, regulating organization and holding of competition within the framework of the Russian legislation. According to the Law on Sport, sports competition is a kind of sport event, and is closely related to the notion ‘sport’ and ‘professional sport’. Following the definition, presented in cl. 18 art. 2 of the Law on Sport, sports competition is a competition among athletes or teams of athletes in different kinds of sports (sport disciplines) aimed at revealing the best competition participant, and is held according to the provisions (regulations), specified by the organizer. Basically, sports competition is the main form of a sport activity and one of the central categories of the Law on Sport. Particularly sport competitions allow athletes to perform, as well as other participants to be engaged, and moreover, the greater part of the Law on Sport provides for distribution of authorities concerning its organization and holding. The Russian Federation holds competition at different levels. It should be noted, that an official status is given to those competitions, which are introduced in the Unified calendar plan of interregional, all-Russian and international physical culture and sport events (UCP) in accordance with the Procedure, specified by the Ministry of Sport and Tourism of the Russian Federation2. The UCP includes physical culture and sport events, 1 See: the Federal Law, dated December 4, 2007, No. 329-FZ (as of December 6, 2011) “On Physical Culture and Sport in the Russian Federation” // Legal reference system ConsultantPlus. 2 See: the Decree of the Ministry of Sport and Tourism of the Russian Federation, dated May 8, 2009, No. 289 “On Approving the Procedure of Including Physical Culture and Sport Events into the Unified Calendar Plan of Interregional, All-Russia and International physical culture and sport events” (registered by the Ministry of Justice of the Russian Federation on July 9, 2009, No. 14286) // Legal reference system ConsultantPlus.

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financed at the expense of the federal budgetary funds, provided by the Ministry of Sport and Tourism of the Russian Federation for such purposes (with the exception of military and service-oriented kinds of sport), as well as by means of other sources, not prohibited by the legislation of the Russian Federation. The UCP registers sport events with respect to kinds of sport, included in the All-Russian register of kinds of sports (ARRKS)1 (except for the kinds of sport of the first and third parts of the ARRKS), which represent an integral system of sports competition and training activities, corresponding to the sport of higher level achievements and resolving tasks on sport development, selection of athletes into the national sports team of the Russian Federation and ensuring results-oriented training of the national sports team of the Russian Federation (major and reserve team) for its successful participation in largescale international competitions: Olympic, Paralympic, Deaflympics, world and European championships. Significantly, inclusion of sport events in the UCP is carried out with respect to the sports specifics as to scheduling calendar plans of international sports federations, which facilitate the development of the kind of sport in the world and (or) in Europe. In addition, when including sport events into the UCP, the Unified Sports Classification System of Russia is considered, approved according to the procedure, set forth by the Provision on the Unified Sports Classification System of Russia, approved by the Decree of the Ministry of Sport and Tourism of the Russian Federation2. In accordance with the UCP, the federal level provides for holding international, all-Russian and interregional sports competitions. For example, the large-scale international competitions include the following: the Olympic, Paralympic, Deaflympics, Youth Olympic Games, universiades; championships, world championships and world cups, including those held in the territory of the Russian Federation. The all-Russian sports competitions include championships, cups, spartakiada games and universiades of Russia. Interregional sports competitions are held according to the territorial principle among the sports teams of the Russian Federation territorial entities. Official regional and local sports competitions are held subject to the Unified Calendar Plan, approved by the executive authority body of the Russian Federation territorial entity in the field of physical culture and sports. 1 See: All-Russian Register of Kinds of Sports, which is provided on the official web-site of the Ministry for Sport, Tourism and Youth Policy of the RF (Decree of the Ministry of Sport and Tourism of the Russian Federation, dated February 2, 2009, No. 20) // Legal reference system ConsultantPlus. 2 See: the Decree of the Ministry of Sport and Tourism of the Russian Federation, dated November 21, 2008, No.48 “On Approving the Provision on the Unified Sports Classification System of Russia” (registered by the Ministry of Justice of the RF on January 16, 2009, No. 13092) // Legal reference system ConsultantPlus.

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At the federal and regional levels there are oftentimes sports competitions with several statuses at a time, such competitions are usually referred to as open sports competitions. In this case, for example, in regional sports competitions declared for a single territorial entity of the Russian Federation, take part athletes and (or) sports teams from other regions, or foreign participants are invited to all-Russian competitions. Conditions on holding open sports competitions are specified by the competition organizers. In certain cases such competitions prove to be of interest for international sports federations (associations), for example, for providing athletes with additional competition opportunities and gaining sport points based on its results. All the more so, as a number of foreign countries, like Germany, for example, practice holding internal competitions with foreign athletes engagement. Therewith, the authors would like to remark on certain lack of proper regulation of such competitions open status at the legislative level. It seems advisable to introduce into the Law on Sport additional criteria and conditions regulating open sports competitions organization. In particular, to introduce the provision obliging a foreign athlete (team) to obtain a participation approval from the national sports federation, with a mandatory presenting of such approval to the competition organizer. The form of approval and the procedure of its obtaining and submitting shall be specified by the federal executive authorities in the field of physical culture and sports. For certain sports competitions being of particular importance for the Russian Federation, held in the name of the Russian Federation both in its own territory and abroad, a separate special status shall be introduced, allowing the competition organizers to include it in the UCP. Therewith, provisions should be made, so that the initiators of such competitions would require respective approvals for organizing and holding them, issued by the All-Russia Sport Federation, federal executive authorities in the field of physical culture and sports, and international sports federation (association). While foreign participants shall provide the organizer with an approval from the national sports federation as to which country they represent. In other cases with respect to international competitions held in the territory of the Russian Federation, the initiators of such competitions so that to organize and hold them shall obtain the respective approvals from the all-Russia sports federation, executive authorities of the Russian Federation territorial entities, the international competitions are to take place in. Shall a sports competition be not included into the international calendar, foreign participants shall present an approval of the national sports federation as to which country they represent. It should be further remarked on the importance of regulatory norms in the general structure of legal regulatory norms of the sports competition organization and holding. Part 6 art. 20 of the Law on Sport specifies, that organization and holding of a physical culture or sport event shall be carried out in accordance with the provision (regulations) on such physical culture or sport event, set

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forth by its organizers. Therewith, it is obvious that such regulations shall be acknowledged subject to providing some minimum norms, required for the regulation of competition holding. Legal status of a physical culture or sport event organizer is provided by the Law on Sport. According to cl. 8 art. 2, a physical culture or sport event organizer is a legal or natural person, who initiates a physical culture or sport event, and (or) carries out an organizational, financial and other support of such an event. The given notion is in practice represented by the two constituent parts, provided in different parts of the Law on Sport. Further definition of such a notion is represented in part 1 art. 20 of the given law. Obviously, that with no regard to the characteristics, inherent to an organizer and specified in art. 20, the definition in questions seems to be of rather nominal and purely informative character. For example, the use of a disjunctive conjunction ‘or’ in the definition allows to regard a person as an organizer only subject to his initiative of an event holding, like declaring such an information in mass media. In this regard, only complex interpretation allows for a more precise definition of this notion. It seems to be more appropriate to define an organizer of a physical culture and sport event as a legal or natural person, being an official initiator of such an event, specifying conditions of its holding, assuming responsibilities for its organization and holding according to the legislation requirements of the hosting country, and being vested by virtue of the foregoing with commercial and other rights for such an event, including the right to suspend, postpone or terminate the event. Still, the integration of art. 2 and art. 20 in general proves to be insufficient for the regulatory framework of the respective event organization. Apparently, law-makers inherited the legal model of a public event organizer, specified earlier in the Federal Law of June 19, 2004 No. 54FZ “On Assemblies, Meetings, Demonstrations, Processions and Pickets”. This is a well-grounded legal analogy with a rather coherent transformation and the required commercial constituent. An analysis, carried out with regard to the authorities of the sports competitions organizers based on art. 2 and 20 of the Law on Sport, allows to single out the following groups: 1) initiative (the right to initiate a sport event); 2) regulatory (definition of the competition holding conditions, development and approval of the regulations (provisions) of a competition, including definition of the name); 3) calendar-administrative (specifying and changing the event holding dates, postponing and termination of a competition and its stages); 4) organization-arbitrational (on authorizing referees to officiate during competitions); 5) evaluating (competition scoring and determining winners); 6) authorities on assigning rights for holding competitions; 7) other authorities to ensure effective competition holding.

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With respect to the possibility of the said authorities assignment, only the last category seems to be assignable to third parties, as others could be referred as ‘exclusive’, that is, with no right to be assigned to third parties. Conspicuous is the fact, that a sports competition organizer is vested with a special (main and twice specified by the law) authority: drawing up and approving the regulations (provisions) with regard to a competition, and specifying conditions of its holding, which includes introducing criteria for athletes admission to a competition, criteria of the achieved sport results, the procedure of event financing, safety measures with regard to anti-doping rules and methods, conditions of entry for audience and mass media representatives, their code of conduct and other required rules. That is, even in the case of possible assignment of rights for competition holding, all basic inalienable rights and obligations of the organizer shall be attached to the corresponding organization. This set of authorities only allows to “split off” for the small assignable rights group, defined usually either in the respective agreement or in the competition regulations. In practice, in case of assignment of the rights for international competition holding, there appears an international sports federation assistant, who partially undertakes technical and current problems in the process of the respective competition holding. With regard to the competition holding it should be specified, which authorities of the organizer could be alienable (assignable). In our opinion, holding of a sports competition represents a system of measures, provided by a such event organizer (or a person, authorized by an organizer for holding a competition for and on his behalf) of legal, economic and organizational character, aimed at effective, accurate and complete realization of the specified regulations (provisions) of a competition, and ensuring condition of its holding subject to adherence to the rights and interests of the participants, organizers, audience and other persons, an likewise implies making corresponding agreements required for the normal course of the competition holding, and ensuring their fulfillment (raising financial resources, renting sports facilities, covering expenses and making arrangements for participants transportation, boarding and lodging, producing competition symbolics, performing ticketing, registering participants, carrying out accreditation of mass media representatives and other similar activities), as well as performing other actions, aimed at the current communication with participants concerning their interaction with each other and with competition organizers. In other words, a certain residual (but no less important) segment of an organizer authorities is assigned to the third party. It seems that such rights could also be assigned (by virtue of using in art. 20 of the Law on Sport the notion ‘exclusive rights’, but providing no definition of ‘delegable/assignable’ and ‘non-delegable/non-assignable’ rights, as for example, in art. 16), which are nominally referenced to as ‘commercial rights’ and ‘rights for broadcasting’ (part 2–5 art. 20 of the Law on Sport).

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Separately should be mentioned some on-coming novations of the Law on Sport, approved by the State Duma of the Council of Federation of the Federal Assembly of Russian Federation in the first reading. In particular, according to the draft law all the authorities, specified in cl. 1 art. 16 of the Law on Sport, can be exercised by an organizer together with other organizers of such events; namely, it is allowed to organize and hold in respective kinds of sport the Championships and the Cups of Russia, to develop and approve provisions (regulations) concerning such competitions, to grand a status of a Champion, Championship winner, Winner of the Cup of Russia, as well as to delegate the right of holding such competitions to other physical culture and sport organizations, being of non-commercial nature, for a term no longer than three years. In addition, the draft law makers propose to introduce additional clauses in art. 16 of the Law on Sport, enabling federal executive authorities and executive authorities of the Russian Federation territorial entities to carry out along with the all-Russian sports federations the organization and holding of the Championships and the Cups of Russia in the respective kinds of sport, while other persons shall have the right to carry out along with the all-Russian sports federations the organization and holding of the Championships and the Cups of Russia in the respective kinds of sport in case of taking by all-Russian sports federations the decision on cooperative organization of such sports competitions in accordance with part 11 art. 20 of the Law on Sport subject to an approval of the federal executive authority in the field of physical culture and sports. In conclusion, it is important to note that the content of the legal regulation framework elements with respect to the organization and holding of sports competitions, essentially influences different legal-semantic constructions, such as legal capacity, legal personality, legal relationships, law infringement and other notions, arising for sports competition participants and organizers in connection with the specified regulation. Moreover, it seems to us, that an increase of state influence on the process of organization and holding sports competitions shall raise the sports competitions level.

§ 2. Definition and features of sport industry 1. Definition and structure of sport industry Sport industry existence is dictated by such contemporary sport feature as a commercial interest, aligned with a spectator sport product, sport outfit, facilities and attributes. “If sport and sport stars can be packaged and sold, why not to do so?” — sounds a rhetorical question in the book “The Marketing of Sport” under the editorship of J. Beech and S. Chadwick1. 1

The Marketing of Sport. Harlow (England): Pearson Education, 2007. P. 4.

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In the course of its development the field of sport is getting more and more closely aligned with business. Due to its specifics, right from the beginning sport has been and is still nowadays primarily of non-commercial character. Therewith, on the one hand, sport industry has become today an indispensable part of the field of sport, and on the other hand, taking a broad view allows to see, that it has significantly expanded its boundaries, and has far exceeded the bounds of sport, including it now as an constituent part. It’s a matter of common knowledge that a significant part of a contemporary sport sphere is interconnected with business, based on offering spectator sport events, assigning rights of broadcasting sports competitions, collecting sponsorship money and gaining sports advertising profit. Sport industry (industry of sport) is a sphere of public relations and business activities, aimed at gaining profit from exploiting and individual and public interest to any demonstrations of competition, especially competitions in sport, as well as interest to spectacular and entertaining events (with uncertainty element), including the following segments (types of activities): • Business activities, connected with ticketing for spectator sport events (ticket business, issuance and distribution of tickets); • Commercial exploitation of brands and trade marks in the field of sport; • Business activities, connected with organization and holding of mass spectator sport events (sport and “near sport” show business); • Business activities, connected with broadcasting (translation) of spectator sport event and with assignment of rights for such broadcasting, with another release and offer of spectator sport event in mass media markets; • Business activities, connected with sport attributes and symbolics, with production and circulation of sport products; • Business activities, connected with publications of print and Internet media in the sphere of sport; • Advertising in sport; • Business activities, connected with sport fashion and fitness; • Business activities, connected with athletes training and ‘selling’ them to sport clubs; • Business activities, connected with commercial exploitation of sport facilities. And these are just the most important types of sport industry. As we’ve already mentioned, today it’s far beyond the bounds of sport itself in its classical definition, far beyond the scope of the initial goals. This sphere has more similarities with film, theatre and circus industry than with any other segments of business. The key element (core) of sport industry is represented by spectator sport show-business. Therewith, the scope of entertaining activity can include not only largescale spectator sport events, but also integrate musical work, business projects, connected with economic exploitation of brands, sales of souvenirs etc.

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2. Historical Background Sport in the modern form began to evolve and actively develop from the middle, second half of the 19th century. And a conversion of sport and showbusiness is a tendency which originated no earlier than at the beginning of the 20th century, mostly in the second half of the 20th and contemporary period of the 21st century. Ancient Greek Olympics and tilting in the medieval Europe whilst featured elements of spectator show, still differed from it in its nature and main goals. Partially as ‘sport’ show business can be referred to gladiator fights in ancient Rome, exhibition fights and shows of martial artists in China, Korea and Japan in Ancient and Medieval times, as their goals included also those of entertaining character. Industrialization of 19-20th centuries, social changes in the sphere of work, leading to availability of free time in large sections of the population and financial capacities for entertainment — all that contributed as well to the development of sport as a sphere of spectator sport show-business. By now the field of sport has undergone significant changes, and today a significant part of it is represented by entertaining events, organized for gaining a profit. 3. Merging of sport and entertainment industry According to K. Cortsen, “the influx of commercialization in the sports industry has created a melting pot in which the junction between sport and entertainment is a key ingredient. In the contemporary sports industry, serious and leading actors are competitively and continuously trying to find innovative ways to capitalize on this junction. Brand building and brand management are at the heart of this capitalization process”1. Professional sport has existed in respect to some kinds of sport since the 19th century, still became popular only relatively recently. Regulation of this sphere by means of investing money started from the 1970ies, and at about that time amateur sports stopped to play important role in sport. The sphere of sport gives birth to the system of show business. There has been triple conversion: firstly, the mentioned transformation of the sport sphere, in particular, of professional sport, into a show-business sphere, secondly, increasing distribution of sport events television broadcasting, and finally participation of advertisers, ready to spend significant amounts of money to buy more favorable broadcast time at the period of sport events translation, which became the main source of profit for broadcasting companies, carrying out translations2. Thus apart from sport development in its classical meaning (connected with striving for sport records, competitiveness, emerging and acknowledge1 Cortsen K. Sport as show business [Online resource] URL: http://kennethcortsen.com/ sport-economy/sport-as-show-business/ 2 See: Gadrey J. New Economy, New Myth. London: Routledge, 2003. P. 70.

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ment of new kinds of sport, etc.), it evolves also for the purposes of satisfying commercial interests of the persons, engaged in organizational activities in this sphere. Gaining significant profits by famous athletes, sport club owners and sport journalists is based not as much on the traditional economic criteria of labor productivity, but rather on the fact that professional sport is becoming more close to the sphere of show business, and rests on the respective principles, dictated by the law of supply and demand for spectator sport events. The situation in professional boxing with participation of famous athletes today more vividly demonstrates, that nowadays the sphere of sport has acquired some features of show business. As explained by R. Tenorio, as far as agents for boxers are concerned, one of the ways of mitigating risks, they are usually confronted with, is signing long-term contracts or contracts for several matches at a time with some famous athletes. In such a way, as agents are personally interested, it is more advantageous for them not to assign their athletes for competitions with more strong competitors so that to minimize the risk of profit loss1. On the other hand, sport also significantly differs from any other show business segments. First of all, it is defined by the independence of the sphere, including certain independence from business structures. According to the Resolution of Parliament Assembly of the Council of Europe No. 1602 (2008), dated January 24, 2008, European model of sport rests on two principles: financial solidarity and open competitions. Sport specifics differs it from any other sphere of economic activity. It performs important social, educational and cultural functions. The key element of the European sport model is solidarity between different sport levels. We have witnessed sport internationalization, and first of all, unprecedented growth of the economic constituent of sport, which driving force lies in the cost of television translation rights (cl. 3, 4 and 8). 4. Some specific kinds of activities within the sport industry Business activity, connected with sport attributes and symbolics, is a business based on the production and circulation of a sport product (only with the exception of souvenir products). Therewith such a product is often interpreted to include a somewhat larger scope of offers, than it seems to be on reasonable grounds. Thus, elite car models nowadays in many cases are positioned and represented as ‘sport cars’, though it’s hardly a good idea to use such cars in a professional car racing (with the exception of street racers). The same applies 1 See: Tenorio R. On the competitive structure in professional boxing, or why the best boxers very seldom fight each other // Handbook on the Economics of Sport. Cheltenham: Edward Elgar Publ. Lim., 2006. P. 366.

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to the currently in trend small size vessels, serving rather to emphasizing the status of the owner, than to sport activities. Research of business activities, connected with sport attributes and symbolics, requires an analysis of the general fundamentals of such business, legal regulation specifics and implementation of the said specified activities, connected among other things with production and circulation of sport products: shoes and clothes, accessories and sport kit, sport gear and equipment, mascots and tattoos. The whole sphere of sport relationships nowadays is inseparable and fully interconnected with an industry of respective products, as without sportswear and shoes, and sport facilities it’s impossible to do sports or just take physical culture activities. Of no small importance are also marketing strategies of business, based on sport attributes and symbolics, on sport products, corresponding equipment, sport kit and sport outfit lease. A special interest represents as well marketing of sport products on the Internet, including marketing in social networks and blogs. 5. Notion of business cycle in sport industry A serious discussion of sport industry specifics is not possible without resorting to a business cycle notion. In many cases it is rightfully to talk about the full-scale and complex business-cycle of this or that important international sport event: the Olympic business cycle, business cycle of the FIFA World Championship, business cycle of the UEFA European Football Championship, the Ice Hockey World Championship, the Tennis World Championship etc. The task of researching each of such cycles is decomposed for research tasks with regard to separate issues, which can be analyzed as exemplified by the FIFA World Championship: • notion and specifics of the FIFA World Championship business cycle; • structural elements and business cycle stages; • marketing activities and the FIFA financial management; • the FIFA financing sources; sources of the funds, forming the budget of another World Championship; • the FIFA income from sales of matches translation rights; • the FIFA income from sponsors; • the FIFA income from advertising; • income from the business activities, connected with the sport attributes and symbolics of the FIFA or a certain World Football Championship; • the FIFA expenses. The business cycle in question consists of a pre-preparation stage (taking part in competition for the right of another championship holding), preparation stage (preparation of the legislative basis, sport infrastructure etc.), event holding stage, final stage. The Olympic business cycle provides for three business stages, and the corresponding classification criteria are dictated by the Games themselves:

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pre-Olympic stage; holding of the Olympic games; post-Olympic stage. The first stage in such a case consists of two substages: substage of taking part in the competition for holding the Olympic Games, and substage of direct preparation for the competition holding. Not all the competitors for the right of the Olympic Games holding cope with the first substage, and for the majority of them it turns into the last stage. If at the beginning of the 20th century the Olympic business cycle lasted 3–4 years, in 50–60ies of the 20th century it increased up to 7 years, in 70ies — up to 8 years, в 80ies — up to 9 years, and since the beginning of 90ies it has equaled to 10 years already. Thus, in the contemporary Olympic business cycle the duration of the three stage amounts to about 10 years: 9 + 0,1 + 11. Each stage under consideration (as well as a substage) is characterized subject to its specifics, tasks, and a complex of designed and being currently implemented events. 6. Spectator sport product Apart from consumption of sport and therewith connected products and services, it is rightfully to distinguish also consumption of sport events. The relationships in the sphere of sport industry include three basic elements, among which: • Consumers of spectator sport product, • The product itself, • Suppliers of such product. A distinguishing characteristic of such a spectator sport event is usually its intangibility. As a spectator sport product some separate sport events can be offered, but more often it’s series of events (championships, seasons of games etc.). Likewise some mixed forms of events can be offered, in which a sport constituent is more or less integrated with a pure show product (entertaining event), for example, “Dancing on Ice” show or even some entertaining programs with athletes participation. There is only one criteria — possibility to provide a product for a consumer directly (by means of ticketing or selling options to watch TV translations of events) or indirectly (by means of sponsorship, advertising, assignment of broadcasting rights). Mainly a combination of several forms is presented. There can be offered a spectator sport product, produced and consumed at the same time (basically), or (more rarely) a product, which may be not consumed in real time, and is intended for a deferred relay. A sport event shall be considered in the versatility of its aspects — in the aspect of providing a product for a consumer, in the aspect of creating a product by athletes and other event participants, and in the financial aspect. 1 See: Nuriev R. M., Markin E. V. The Olympic business cycle // Economic Review Journal of the Rostov State University. 2008. Vol. 6. No. 3. P. 52–53.

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To ensure competitive strengths, sport event organizers shall fully use its revenue potential, which runs counter to the fact that balance between supply and demand in the sphere of show business is constantly changing, as exposed to influence of a number of different facts. Such factors include political events and risks (boycott of the Olympics, street riots), absence in a certain region or an extra high rent price for the required sport infrastructure, financial downturn, and many other problems. The uncertainty problem is aggravated by the difficulty of providing assessment of the sold sport product and meeting demands in the sphere of sport upon sport event watching or taking part in it. Thus one of the key agents in sport, if regard it as a sphere of show business, is exactly a consumer, who can significantly influence sport events organization by means of its preferences and specifics. Payment by the consumers for a spectator sport product (directly — by means of tickets for sport events, payment for the right to watch TV translations and others, as well as indirectly — by means of sponsorship and advertising) allows to support and develop sport. The characteristics of a competition as a spectator sport product are largely unpredictable, which actually attracts this product consumers, providing not only entertaining, but a certain intrigue as well. Consumers of the product under consideration are represented not only by spectators, but by sports competition participants as well (sports team members or participating athletes, coaches, referees, arbitrators), and likewise, indirectly, sponsors and persons, placing advertisements in sports venues. High entertaining potential of the sport regarded as a sphere of show business is explained by the fact that, in the words of J. Beech and S. Chadwick, a key feature of a sport product is its uncertainty, uncertainty of the final results, which represents one of the main reasons as to why such a great number of people is motivated to consume it. Thus, one of the main tasks of sport marketing experts consists in selling agitation, stress and emotional disturbance, provoked by sport events1. According to N. Simon, “sport is the only one show in the world, in which, no matter how many times you’ve watched it, you never know, how it is going to end”2. It is not by chance that consumer behavior is researched by sport event organizers and sport market experts, and the respective questions represent one the key directions in sport marketing, as they allow to promptly adjust the supply of spectator sport product and communicate with established groups of its consumers. 1 See: Chadwick S., Beech J. Introduction: the marketing of sport // The Marketing of Sport. Harlow (England): Pearson Education, 2007. P. 9. 2 The Marketing of Sport. Harlow (England): Pearson Education, 2007. P. 3.

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According to D. Watt, the aim of marketing in the sport show business is to provide a qualitative product in such a form, that would be attractive for all, somehow connected with it, even for the participants. One of the most vivid examples of how production could be changed according to consumer demands is introducing short versions of many sport games to attract more potential consumers. Spectator sport events of different types change its form and rules of the sport games arranged by them, quite often even dramatically — so that to make them more attractive for television, sponsors and participants1. An increase of sport entertaining value, usually, by means of changing some game aspects, is very common in professional sport. Reduced sport games duration, enlarged shooting area, changed boarders and enhanced technology of sport equipment represent some of the respective examples2. There are different types of spectator sport events visiting, one of them lies in experiencing aesthetic, visual satisfaction from the show. Sports fans are always ready to pay, so that to see perfect athletes movements, skillful game and highlights. Some kinds of sports stake as well on athletes appearance, attracting increasingly more spectators, for example, in beach volleyball or track and field athletics3. Any sport event is aimed at attracting audience, in particular at least in the following categories: fervent admirers and passionate sport fans — adepts of certain sports teams; unreliable sports teams fans, which loyalty is proportionate to sports teams achievements; as well as spectators, finding satisfaction in observing sport events. The policy of sport events marketing experts varies with respect to different categories. Thus, the latter category of spectators pays more attention to a sport venue, supporting music and other appearance factors4. Specifics of sport as a sphere of show business makes also certain impact on sport labor and work relations in this sphere. More famous athletes bring more fame to a sport event, they take part in, — so respectively grows also ticketing profit. An athlete career, as well as that of a thespian or an actor is unpredictable. An athlete, who does not achieve certain results throughout a certain career period, could face resentment on the part of the fans and get dismissed5. One more important fact is that unlike other spheres of show business, sport show business consumers largely prove to be (and it’s not uncommon) 1 See: Watt D. C. Sports Management and Administration. London: E&FN Spon, 1998. P. 160. 2 See: Trenberth L., Garland R. Sport and consumer buying behavior // The Marketing of Sport. Harlow (England): Pearson Education Limited, 2007. P. 92. 3 See: Smith A. C. T. Introduction to Sport Marketing. A Practical Approach. Oxford: Butterworth-Heinemann, 2008. P. 37. 4 See: Trenberth L., Garland R. Sport and consumer buying behavior. P. 93. 5 See: Conrad M. The Business of Sports — A Primer for Journalists. London: Lawrence Erlbaum Associates, publishers, 2006. P. xxiv, xxii.

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or at least take comfort in believing to be qualified experts, proficient in the kind of sport in which they invest their time and money, which they support etc. That is to say, organizers and participants of the productions of spectator sport product shape it for quite a sophisticated, or even pre-conceived audience. Consumers may not pay attention to a new player, purchased by a sports team, or changing of the game rules, moreover, consumers influence making some important administrative decisions by the sports organizations. In addition, of great importance are also channels of providing audiovisual information on an ongoing or held sport event to the consumer (majority of consumers), which defines a whole segment of sport industry and sport financial market, connected with assignment of sport event translation rights — one of the major sources of sport financing. 7. Specifics of Legal Regulation of Sport Industry in Russia Sports industry in Russia falls into the competence of general civil law and tax regulation norms of business activities, and other elements of its functioning. In the run-up to the Olympic Winter Games in Sochi 2014 and the FIFA World Championship 2018 Russia witnessed an impressive preparation stage for providing sport infrastructure. The Russian Laws have also undergone significant changes for the purposes of creating more favorable conditions for sport in its classical meaning. The legislation of the Russian Federation nowadays features a number of drawbacks with respect to providing conditions, required for the normal functioning and positive development of sport show business. Only relatively recently introduced Federal L aw, dated June 7, 2013 No. 108-FZ “On the Preparation and Holding of the FIFA Football World Championship 2018, FIFA Confederations Cup 2017 in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, as well as some recent amendments to the Federal Law, dated December 4, 2007 No. 329-FZ “On Physical Culture and Sport in the Russian Federation” provided some possibilities for production sphere development and spectator sport product circulation. In particular, cl. 11.1 art. 2 of the Federal Law “On Physical Culture and Sport in the Russian Federation” refers to some sport industry products. According to the Strategy of physical culture and sport development in the Russian Federation for the period up to 2020, approved by the Executive Order of the Government of the Russian Federation, dated August 7, 2009 No. 1101-р1, the following tasks shall be fulfilled, when implementing the respective direction guidelines and measures: 1 See Executive Order of the Government of the Russian Federation of August 7, 2009, No. 1101-р “On Approving the Strategy of physical culture and sport development in the Russian Federation for the period up to 2020” // Legislation Corpus of the Russian Federation. 2009. No. 33. August 17. Art. 4110.

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• an improved sport venues provision with the required sport facilities and equipment for conducting physical culture and sport classes (subcl. 3 cl. 1 section X); • modernization of enterprises, manufacturing products for physical culture and sport classes (subcl. 4 cl. 1 section X); • drawing up of a set of measures on small business development and public-private partnership in the sphere of physical culture and sport (subcl. 5 cl. 1 section X); • creating a national brand of sportswear and sport facilities (subcl. 2 cl. 3 section X); • Development and implementation of investment programs in the sphere of physical culture and sport in the context of contemporary market economy (subcl. 3 cl. 2 section X); • development of leasing procedure with respect to sport equipment, sport gear and corresponding materials (subcl. 7 cl. 2 section X).

§ 3. Sport transfers Regulation of athlete transfers (transitions)1, common in professional sport, is an issue of reasonable interest on the part of sports community, mass media and the state. And it’s not only about the huge amounts of money, circulating in this market segment, but rather about specific and unusual for legal experts sets of rights restrictions concerning natural persons, who choose sport as their main activity and are desirous, subject to the constitutional principle of freedom of labor, from time to time to change the sphere of activities, employers and even the country of conducting labor activity. Such intentions have no criminal implications at all, still in the course of the last century regulatory norms of non-governmental sport organizations formed a special mechanism of athletes changing their employers so that to make transitions as difficult as possible, in case no agreement of all the interested parties is provided. Apparently, specifics in question are more vividly demonstrated in the most popular and mass team sports, like football, hockey, basketball etc. One more factor, confirming urgency of the transitions issue, is the increased number of disputes on this topic. Such disagreements are caused by both imperfection of legislation and ambiguity and controversy of many regulatory norms in sport2. Therefore world community encourages to change transfer system in sport, to allow athletes freely choose sport clubs and terminate employment contracts, as well as to restrict the role of agents in this process. 1 Further, see: Ponkin I. V., Shevchenko O. A., Ponkina A. I. Impact of transfer system on professional sport// Law and state: theory and practice. 2014. No. 6. 2 See: [Online resource] URL: http://www.rte.ie/sport/soccer/world/2013/1217/ 493446-fifpro-demand-transfer-system-overhaul

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In this regard, one ought to review the existing transfer system in different kinds of sport (football, hockey, student sport), to analyze the disputes with athletes’ participation, so that to help world community to develop new principles and rules in that context. Let’s consider specifics of professional athletes labor relations and influence of transfers thereon. One of the main labor relations specificity under consideration is that the transfer rules for sport subjects do not correspond to the conventional labor relations. Firstly they restrict the freedom of workers (athletes and coaches) to change one employer for another by means of specifying conditions, restricting such changes. Employment contracts in accordance with these rules can be terminated without consequences (for example, with no sport sanctions introduced) only subject to certain reasons. Secondly, these rules specify money payments for sport subjects transfers, and this mainly to prevent total ban for players transition1. A special mechanism of athletes transition from one club to another in the world practice initially originated as a custom, and for the last hundred years has been gradually formed by regulatory norms of non-governmental organizations. The word ‘transfer’ itself is used rather rarely, it is often replaced by the notion ‘transition’. At the international level, transfers shall be discerned as those between clubs of different countries, between foreign clubs of one country, and as transitions of athletes from one national team to another in view of change of allegiance. Today transfer systems differ as to kinds of sport and transition character. In many cases complications here are caused in particular by different rules. Such disputes are usually subject to reconciliation by a number of international federations of respective kinds of sport. In contemporary sport the notion of transfer is interpreted differently. According to the approach, based on labor law, in practice transfer itself stands for changing by an athlete of his employer. In this case of key importance are labor relations of an athlete with his previous club, as well as conditions of concluding the new employment contract. But more conventional is another system: disposal of players rights based on the contract with the club. Such approach allows a player to practically be regarded as a product, clubs pay millions to each other for, with usually no part of it provided for a player2. International Court of Arbitration for Sport in Lausanne specified essential parts of the contracts on transfer of a professional athlete among professional sport clubs3: 1 See: The Economic and Legal Aspects of Transfers of Players / KEA European Affairs. The Centre for the Law and Economics of Sport. 2013. Jan. 2 See: Alekseev S. V. International sport law: textbook. MOSCOW, 2008. 3 See: CAS 201 l/A/2356 SS Lazio S.p.A. v. CAVclczSarsficld&FIFA.

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• consent of a sport club, a player is registered in, for early termination of a contract with the player; • willingness and consent of the other sport club to acquire rights for such player; • consent of a player to change one sport club for the other; • price and value of a transfer. Free transition of athletes from one employer to another is restricted by transfer rules with the purpose to ensure fair and sustainable competition, fair sport contests1. Professional athletes transfers are governed by sets of regulatory norms, specified by the respective organizations. Such rules are substantially standardized by international sport non-governmental organizations. The said standardization is carried out for the purposes of facilitating professional athletes transfers at the international level2. For example, the FIFA has unified regulations of professional football player transition, which are applied by all the countries3. Professional athletes and coaches transfer systems could differ subject to a kind of sport, but some common features are inherent far all. Basically, athletes transition rules specify an obligatory registration procedure of a player upon his admission to a certain sport club. Such registration provides an athlete with the right to play for a certain club, and in case some other club is desirous to hire this player, it shall pay to the first club for the transfer so that to register an athlete as this new club member4. At first sight it seems, that in general such rules concern relationships among different sport clubs and do not influence social and labor relations of athletes and coaches directly with the sport clubs. Still, they influence players possibilities with regard to their employment, as well as conditions based on which they are offered to enter into social and labor relations. The system of professional players transfer rules limits their possibilities of transition from one sport club to another, in case it’s not possible to agree with the club on transfer price. In other words, transition rules partially represent a deviation from conventional labor relations regulation, as significantly restrict the freedom of athletes to change their employers5. Worldwide applied systems of transfer payments for players transition are usually implemented based on the rules of a respective sport league or governing body. Principles of specifying payments are dictated in such a case by the necessity to provide a sport club with a compensation for an athlete training and professional growth. In addition, one comes across an opinion in corre1

See: The Economic and Legal Aspects of Transfers of Players. Ibid. 3 See: Siekmann R. C. R., Soek J. Towards a Typology of (International) Comparative Sports Law (Research) // Lex sportiva. What is Sports Law? Hague: Asser Press, 2012. P. 328. 4 See: Beloff M. J., Kerr T. Demetriou M. Sport Law. Oxfоrd: Hart Publishing, 1999. 5 See: The Economic and Legal Aspects of Transfers of Players. 2

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sponding literature, that transfer payments are usually regarded as sport clubs income, as are effected at the time and within the framework of clubs activities1. One of the main factors, defining the amount of payments in question, lies in an athlete’s general capabilities, which are of key importance in his relative value assessment. There are two main types of transfer payments: 1) payment for an early employment contract termination of a professional athlete with a sport club without any legitimate reason; 2) compensation of a player sports training, conducted by the club2. It has been already mentioned, that transfers of athletes and coaches both at the national and international levels are mainly governed by the respective sports federations regulations. Therewith, sports federations may not accept any such rules without restrictions. Thus the European Union legislation renders impossible to restrict athletes transition freedom (art. 45, 49 and 56 of the Treaty on the Functioning of the European Union), to restrict sport clubs rights to fairly compete on the market (art. 101 and 102 of the said Treaty), as well as to unduly restrict athletes right for work. In particular, when proceeding in the famous case of J. M. Bosman 3 the Court of the European Union came to a conclusion, that art. 45 of the Treaty on the Functioning of the European Union impedes implementing the rights, according to which a professional football player, being a citizen of a European Union member state, is entitled upon the validity period expiration of his employment contract with a sport club to be hired by some other sport club of a European Union member state only subject to paying a compensation for the transfer. The Court specified, that such rules impede the implementation of athletes rights for transition freedom as workers, and that art. 45 of the Treaty on the Functioning of the European Union prohibits applying measures, which could put the European Union citizens at a disadvantage, when they wish to conduct their business activity in the territory of another state, being a member of the same union. The importance of such court decision lies in the fact, that it crucially affected the resolving of the dispute on transfer system legitimacy, and, accordingly, the transfer system of professional football players, not only in the European Union, but in the world as well4. Moreover, it strengthened the guarantees of professional athletes social rights5. 1 See: Healey D. Sport and the Law. Third edition. Sydney: University of new South Wales Press, 2005. P. 155. 2 See: The Economic and Legal Aspects of Transfers of Players. 3 See: Union Royale Belge des Sociétés de Football Association ASBL and Others v. JeanMarc Bosman (CASe No. C-415/93): Decision of European Court of Justice of 15.12.1995 [Online resource] URL: http://www.biicl. org/files/1915_c-415-93.pdf 4 See: Gardiner S., James M., O’Leary J., Welch R., Blackshaw I., Boyes S., Caiger A. Sports law. Second Edition. London: Cavendish Publishing Limited, 2001. P. 46. 5 The Economic and Legal Aspects of Transfers of Players.

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Concerning the national legislation of the respective countries, a conclusion could be made, that state influence on the regulation of employees transition in professional sport is rather high, as legislation specifies both transfer payments and labor relations between sport clubs and athletes. For example, a Russian legislator escaped from this issue regulation, by means of providing in the Labor Code of the Russian Federation only temporary players transfers. In our country the notion of transfer is provided neither in the Labor Code of the Russian Federation, nor in the Federal Law “On Physical Culture and Sport”, therewith, a notion ‘reassignment’ is used. Article 348.4 RFLC sets out in detail a temporary reassignment of an athlete to another employer (this norm is not applied to coaches). The said article specifies the conditions, which allow for a temporary reassignment of an athlete: • an employer has no possibility to ensure an athlete’s participation in sport competitions; • a reassignment is agreed on between the current and the future employers; • an athlete has expressed his consent for a reassignment in a written form; • a reassignment is carried out for a period of one year. For a time of such reassignment an initial employment contract is suspended, and upon a reassignment termination is renewed. Basically, the Labor Code of the Russian Federation establishes a system of players ‘renting’, as players ‘reassignment’ is usually formalized by means of an employment contract under a suspensive condition. However, such a system of contractual arrangements does not secure clubs from possible refusals on the part of athletes to fulfill their obligations on transition and doesn’t allow to recover the transfer losses. Thus, the Supreme Code of the Russian Federation in the Decision of February 18, 2008 on the case No. 4-В09-54 of the Moscow region public institution “The Volleyball Center of the Moscow region” against N. A. Safronova, aimed at payment recovery due to her refusal from a transition (transfer), dismissed the claim of the Volleyball center1. The Court stated, that labor relations are based on free will and voluntary agreements of the both parties to an employment contract, and one of the main indications of labor relations emergence is a fulfillment by an employee of his duties, stipulated by an employer. As an athlete didn’t appear at the workplace, the employment contract concluded with her under a suspensive condition is annulled. Therefore, the very fact of concluding such a contract couldn’t cause and employee’s obligation to effect the stipulated in the contract compensation payments for the benefit of an employee. An athlete was vested with the right not to get to work, while paying no compensation to the club for her refusal. 1

[Online resource] URL: http://sportslaw.ru/data/files/safronova.pdf

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Some researchers believe that the transfer system shall be regarded as ‘a strong mechanism of wealth distribution’ among sport clubs1. Additionally, the respective professional sport rules affect the regulation of young athletes training2. The issue concerning the legal character of players sport transfer has been many times discussed in scientific publications, and practically all the authors have faced the principally unsolvable nature of the problem to “force” sport transfer into a Procrustean bed of only Civil or only Labor Code: this is not about a financial lease (leasing), or factoring, or about all the other civil law contracts alone; sport clubs revenue from transfers shall not be regarded as a profit from goods (works, services) provision; this is not a temporary reassignment for another job or similar position, or to another employer. In our view, sport transfer legal character specifics are defined by the following determinants. 1. In the course of transfer relations regulation appears a complex correlation and intercrossing of legal norms (again, a complex combination of labor law norms, and sometimes also civil law norms) and norms of extralegal regulation in the field of sport (self-regulation of sport organizations) — lex sportiva. It should be noted, that in the majority of countries particularly lex sportiva has a priority over the norms, specified by the state, moreover as the corresponding cases take place rather rarely, mainly this concerns professional football players3. 2. A professional athlete’s performance results are defined by means of an employment contract and transfer contract provisions. 3. The subject of a transfer refers to the activities — services on an athlete transfer to another club, as well as property right of the club for an athlete registration in exchange for a compensation. 4. The object of a transfer refers to the special transition conditions, provided by the sports federation regulatory norms, and defining a compensation amount. 5. The result of a transfer is a sport performance result, demonstrated by an athlete, and consisting in participation in training and competitions for another club at the request of an employee. Today neither an athlete, nor his professional abilities or skills are regarded as a product, therefore the notion of a sport result shall be introduced into the legislative sphere. 6. The aim of a transfer is to ensure sustainability of labor relations in professional sport. 1 Lee M. A game of two halves: putting the boot in // New Statesman and Society. 1995. Vol. 27. 2 See: The Economic and Legal Aspects of Transfers of Players. 3 Further, see: Ponkin I. V., Ponkina A. I. On correlation of lex sportiva and sports law // International Sports Law Review Pandektis (ISLR/Pandektis). 2014. Vol. 10: 3–4. P. 410–415.

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§ 4. Governance of anti-doping activities The notion ‘doping’ was introduced in sport in 1865 (according to other sources, much earlier) and for a long time was associated with the stimulation of horses during horse racing. Initially, doping stood for using substances, artificially enhancing performance efficiency. The most comprehensive definition of doping was provided by the International Sports Medicine Congress (Strasbourg, 1965): “Doping is an injection in the body of a person, made in any possible way, of a substance, alien to this body, of some physiological ingredient in abnormal quantity or some other substance in unnatural way, so that to artificially and unfair to improve athlete results in the course of participation in a competition”1. In medical literature doping refers also to a substance, temporary intensifying physical or mental activities of a person’ body, and prohibited for use during the competition2. A legal definition of the term ‘doping’ in sport was given in art. 26 of the Federal Law, dated December 4, 2007 No. 329-FZ “On Physical Culture and Sport in the Russian Federation”. Thus, as a doping in sport is usually regarded as a violation of anti-doping rules, including use or attempted use of a substance and (or) a method, specified in the lists of substances and (or) methods, prohibited to use in sport (hereinafter, a prohibited substance and (or) a prohibited method)3. This definition is quite coherent with the provisions of the International Convention 2005 against Doping in Sport4, the Anti-Doping Convention5, World Ant-Doping Code WADA6. According to art. 2 and 3 of the latter document, an athlete alone is responsible for what happens to his body, as well as to whom he entrusts his health. Such a principle means that an athlete shall face a sanction of disqualification even in case of being innocent. Doping control is a complex procedure, which includes taking samples from athletes, laboratory 1 Derevoyedov А. А. Doping in sport and fighting against it [Online resource] URL: http:// www.rusada.ru/press/media/doping-v-sporte-i-borba-s-nim 2 See: The Small Encyclopedia of Medicine. М.: Encyclopedia of Medicine, 1991–1996; First aid measures. М.: The Great Russian Encyclopedia, 1994; Encyclopedic dictionary of medical terms. М.: Sovjet Encyclopedia. 1982–1984 [Online resource] URL: http://enc-dic. com/enc_medicine/Doping-35732.html 3 See: the Federal Law of December 4, 2007 No. 329-FZ (as of July 2, 2013) “On Physical culture and Sport in the Russian Federation // Legislation Corpus of the Russian Federation. 2007. No. 50. December 10. Art. 6242. 4 See: The Journal of International Agreements. 2007. No. 9. P. 20–46. 5 See: the same source. 6 See: the Word Anti-Doping Code WADA [Online resource] URL: http://www.rusada.ru/ sportsman/documents/wac; Decree of the Russian Federation Government, dated January 4, 2003 . No. 1 “On Participation of the Russian Federation in the World Anti-Doping Agency Activities” // Legislation Corpus of the Russian Federation. 2003. No. 1. P. 137.

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analysis, and a hearing based on the analysis results during which a decision is made either on applying sport sanctions or on the absence of the a breach. In case of use (even one-time use) by an athlete of doping substances and (or) methods, in case of anti-doping rules breach, a sport club is entitled to terminate an employment contract with such an athlete, in accordance with the Russian labor legislation (art. 348.11 RFLC). Use of doping by an athlete himself, or under influence of a coach or a medical worker involves responsibility. In different countries such responsibility varies from sport (disqualification), to administrative and criminal responsibility (for example, in Italy, France, Spain). Conspicuous in this regard is the experience of Spain. This country1 approved a number of legal regulatory acts in the field in question, namely: • The Spanish Sport Law on No. 10/1990, dated October 15, 19902; • The Spanish Organic law on Health Protection and Anti-Doping in Sports No. 7/2006, dated November, 21, 20063; • The Royal Decree, regulating the processes for doping control and authorized analytical laboratories, and establishing complementary measure for the prevention of doping and protection of health in sports No. 641/2009 dated April 17, 20094; • The Royal Decree, approving the Statutes of the State Anti-Doping Agency No. 185/2008, dated February 8, 20085; The Royal Decree, regulating the procedure of imposing and reviewing doping-related disciplinary sanctions No. 63/2008, dated January 25, 20086 The Spanish legislature indicates the necessity to introduce mechanisms on preventing and fighting the use of prohibited substances or unlawful methods 1 See: Solovyov А. А., Ponkin I. V. The Spanish Law on Sport / The Sports Law Commission of the Association of Layers of Russia. MOSCOW, 2011. 158 p. 2 See: Ley 10/1990 de 15 de octubre del Deporte [Online resource] URL: http://www.boe. es/aeboe/consultas/bases_datos/act.php?id=BOE-A-1990-25037 3 See: Ley Orgánica No. 7/2006 de 21 de noviembre de 2006 de protección de la salud y de lucha contra el dopaje en el deporte // Boletín oficial del Estado. 22.11.2006. No. 279. P. 40859–40879 [Online resource] URL: http://www.boe.es/aeboe/consultas/bases_datos/act. php?id=BOE-A-2006-20263 4 See: Real Decreto No. 641/2009 de 17 de abril de 2009 por el que se regulan los procesos de control de dopaje y los laboratorios de análisis autorizados, y por el que se establecen medidas complementarias de prevención del dopaje y de protección de las salud en el deporte // Boletín oficial del Estado. 08.05.2009. No. 112 [Online resource] URL: http://www.boe.es/aeboe/consultas/bases_datos/act.php?id=BOE-A-2009-7628 5 See: Real Decreto No. 185/2008 de 8 de febrero de 2008 por el que se aprueba el Estatuto de la AgeNo.cia Estatal aNo.tidopaje // Boletín oficial del Estado. 14.02.2008. No. 39. P. 8061–8069 [Online resource] URL: http://www.boe.es/boe/dias/2008/02/14/pdfs/A08061-08069.pdf 6 See: Real Decreto No. 63/2008 de 25 de enero de 2008 por el que se regula el procedimiento para la imposición y revisión de sanciones disciplinarias en materia de dopaje // Boletín oficial del Estado. 04.02.2008. No. 30. P. 6158–6166 [Online resource] URL: http://www.csd.gob.es/ csd/salud/lucha-contra-el-dopaje/normativa/nacional/real-decreto-63-2008-de-25-de-enero

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by athletes, aimed at artificial performance enhancement, both because of damage to health, caused by such substances and methods, and because of the distortion of the notion ‘sport’ itself. Preventive measures include control procedures, specifying prohibited substances and non-normative methods, creation of Anti-Doping commission and introducing an obligation to undergo doping control for sports federation athletes. There has been also provided a number of specific measures. In particular, to participate in official national sports competitions a sport license is required, issued by the respective Spanish sports federation, in accordance with the specified provisions and requirements. The said license shall not be provided to athletes with the penalties for using doping, either at the national or international level, until the expiration of the corresponding penalty validity period. The same disqualification hinders an athlete’s acknowledgement by the state, as well as maintenance of his (her) high level athlete status. The Spanish High Council for Sport and authorities of autonomous communities define the mechanisms, helping to expand the field of application of such decisions with respect to the corresponding spheres of competence, and to ensure mutual acknowledgement of the consequences of such disqualifications for obtaining licenses, enabling participation in official sports competitions. Athletes, who apply for obtaining a sports license, provided by the state or an autonomous community, can be obliged to undergo anti-doping testing so that to prove the compliance with the norms, specified by the said provisions. In addition, the license of the Spanish national or regional sports federation shall not be provided to the persons, disqualified in the result of committing serious violations, Spanish Organic law on Health Protection and Anti-Doping in Sports. In Sports Code of France1 a separate chapter is devoted to fighting against doping2. The French Anti-Doping Agency was established, which is an independent public authority with a rather broad competence, engaged in organizing and carrying out activities to fight against doping in sport. For these purposes 1 See: Code du sport [Online resource] URL: http://www.legifrance.gouv.fr/affichCode.do ?cidTexte=LEGITEXT000006071318&dateTexte= 20150815 2 See: Sports Code of France (Legislative part) / translation from French and an introductory article with short commentary of Can Sc. (Law) А. А. Solovyov; introduction of Ph.D. (Law), professor S. V. Alekseyeva; The Sports Law Commission of the Association of Layers of Russia. М., 2009. 134 p.; Sports Code of France (Regulatory part — Decrees). Vol. I and II / translation from French and an introductory article of Can Sc. (Law) А. А. Solovyov; Foreword of the Chairman of the State Duma Committee on Physical Culture and Sport А. Т. Sikharulidze; The Sports Law Commission of the Association of Layers of Russia. М., 2010. 203 p.; Sports Code of France (Regulatory part — Decrees). Vol. III and IV / translation from French and an introductory article of Can Sc. (Law) А. А. Solovyov; Foreword of the First Deputy Chairman of the Federation Council Committee for Social Policy V. А. Fetisov; The Sports Law Commission of the Association of Layers of Russia. М., 2012. 126 p.

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it cooperates with the World Anti-Doping Agency and international sports federations. There are also medical centers for doping prevention. They organize open consultations for persons, who used the respective substances, or undergoes the risk of using them. Consultations are anonymous, at the request of the interested persons. Athletes, found to have used doping, are obliged to at least have a consultation with a doctor in one of such centers. Undergoing such a consultation is confirmed by a certificate. Therewith, an athlete, taking part in a competition or sport events, is obliged to inform on this his or her physician during each medical consultation, providing results for making prescriptions. Use or storage of the prohibited substances or items causes neither disciplinary punishment, no criminal prosecution, in case such use or storage comply with an authorization, provided to an athlete for use of substances or items for therapeutic purposes by the French Anti-Doping Agency upon the corresponding notification of the Agency Committee, consisting of physicians, or an authorization for use of corresponding substances for therapeutic purposes, which legitimacy was acknowledged by the Agency. A competent physician upon finding the indications of the use of doping shall: refuse to provide medical certificates; inform a patient on the dangers, he is exposed to, and offer or refer him to one of the authorized medical centers, or in cooperation with this center, if required, to refer him for a survey, a treatment, or a medical surveillance; obligingly submit to the physician, being the Director of the medical center, an assessment, he had made, and inform his patient on the necessity of such action (submitting the specified data is considered to be a confidential information). Ignorance or a failure to fulfill the above mentioned responsibility on the part of a physician implies application of disciplinary sanctions by the authorized medical institutions. Each athlete, taking part in a sports competition or event, or preparing to this, shall not be allowed: • to store, without due approval of a medical necessity, one or more substances or items, prohibited by the list, specified in the last paragraph of the present article, for which Appendix I to the International Convention against Doping in Sports provides for a possibility of sanctions mitigation only in case of exceptional circumstances; • to use one or more substances or items, prohibited by the list, specified in the last paragraph of the present article. The ban is not applied to substances or items, with regard to which an approval for therapeutic use is provided, obtained according to the specified procedure. It is prohibited to prescribe, to give, to offer or to use with regard to the athletes, taking part in competition or sport events, or preparing to this, one

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or more of the prohibited substances or items, specified in this article, as well as to contribute or incite to its use; to produce, to manufacture, to import, to export, to transit, to store or to acquire, for the purposes of use by an athlete without due approval of a medical necessity, one or more prohibited substances or items; to evade or impede in any way the means of control. Control is carried out by the following methods: 1) within the framework of the annual national control program and on application of the sports federation: • in any place the training, competition or sport event is carried out, in any institution conducting physical culture and sport activities; • If an athlete training is not usually carried out in one of the places, specified in the above mentioned clause, in any other place, chosen upon agreement with an athlete, allowing to guarantee respect to his personal life, or on his or her application, at the place of residence; • In case of detaining an athlete on suspicion of committing an offence. 2) an athlete, having a license, is summoned by a person, who is responsible for sampling. In case an athlete doesn’t undergo training in a certain place, summons could be sent in any way, allowing to define its purpose and guarantee its receiving, during the period of training. Only physicians shall have the right to collect medical information. Violation of anti-doping norms and rules implies criminal, administrative and disciplinary responsibility. For example, such sanctions are provided for athletes as a temporary or permanent ban from the competitions and participation in sport events, and as to sport organizations — a temporary or permanent ban with regard to direct or indirect participation in organization and holding of sports competitions and events. Criminal sanction, in particular, include the following: prison confinement; penalty charge; appropriation of substances, items, articles or documents, by means of which an offence was committed or which contributed to its commitment; ban from conducting professional or public activities, at the time of which or by reason of which an offence was committed; ban from carrying out public state services. An attempt to commit an offence implies the same sanctions, as the commitment. A number of norms of the Sports Code of France separately regulate the issues on fighting against doping with regard to animals. An interesting experience has also China. Anti-Doping rules are presented in the Law of People’s Republic of China “On Physical Culture and Sport”, 1995 1 and in the PRC Anti-Doping Regulation 2004 2 1 See: the Law of the People’s Republic of China on Physical Culture and Sports of 1995 // International Sports Law Review (I.S.L.R.). Athens, 2001. Vol. IV. Iss. 1&2. P. 137–145. 2 See: еhe Regulations of the People’s Republic of China on Anti-Doping [Online resource] URL: http://en.olympic.cn/news/doping_control/2004-11-18/394249.html

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Thus, the above mentioned law specifies, that the use of prohibited substances and methods during sports competitions is strictly banned. The organizations responsible for revealing the use of prohibited substances and methods shall carry out a thorough inspection concerning such use. A person who resorted to the use of such substances or methods during sport events, is penalized by the corresponding sports federation in accordance with its charter; therewith the directly involved state officials shall carry out an administrative responsibility, specified by the law1. The Regulation sets forth that providing doping substances to athletes or forcing athletes to its use during the competition is penalized by a deprivation of right to conduct sports activities for four years; in the presence of aggravating circumstances the accused is penalized by a deprivation of such right for term of life. An action which caused inflicting harm to athletes’ health, is penalized by recovery of damages; actions with constituent elements of offence are penalized as criminal. Concerning the Russian Federation, it should be noted that in accordance with art. 26 of the Federal Law, dated December 4, 2007 No. 329-FZ “On physical culture and sport in the Russian Federation” it is provided, that “measures to fight against the use of doping substances and (or) methods include the following types of offences, implying responsibility: • use of doping substances and (or) methods, • coercion or propaganda to use doping substances and (or) methods; • falsification of medicinal products or health supplements by means of adding to them doping substances, realization of medicinal products or health supplements, as well as activities, directed at distribution of information on ways and methods of development, manufacturing and use of doping substances, and places of their acquisition; • responsibilities of physical education and sports organizations, athletes, coaches, physicians and other specialists for violation of the obligatory doping control rules. Despite of the importance and urgency of the issues on fighting against doping, and efforts for ensuring a fair competition, there are a number of complications in respect to the legislative implementation. Let’s consider some of them. Annually WADA issues a Prohibited List and new version of so-called standards: an international standard for laboratories, an international standard for testing and an international standard for granting Therapeutic Use Exemptions. Therewith, WADA is an international sport non-governmental organization, and for compliance of its rules with national state norms it is necessary to particularly specify the corresponding lists in each specific country. 1 See: Solovyov А. А. Author’s translation of the Law “On Physical Culture and Sport” of the People’s Republic of China // Sport: economy, law, administration. 2011. No. 3. P. 28–32.

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For example, the Decree of the Ministry of Sport of the Russian Federation, dated April 16, 2013 No. 197 specifies lists of substances and (or) methods, prohibited to be used in sport1. By the Decree of the same Ministry, dated October 2, 2012 No. 267, Anti-Doping Rules of the Russian Federation2 are approved. Non-recognition or disapproval of the lists causes difficulties in application of sanctions3. Thus, in 2008 samples analysis of a Belgian cyclist Iljo Keisse was positive for prohibited substances. The Belgian authorities defended him and didn’t apply sanctions, still the decision was disputed in the САS by the International Cycling Union (UCI) and World Anti-Doping Agency (WADA), which resulted in athlete’s disqualification for two years at the international level4. Keisse successfully appealed against this decision in the Belgian Court of Appeal, and was subsequently allowed to take part in competitions in Belgium. However, WADA didn’t remove disqualification at the international level, and Keisse faced the ban from competition outside the Belgian jurisdiction. The cyclist has once again appealed to a court for a final verdict on application of a court suspension5, still the Belgian Court has fully rejected his argument, therewith, an athlete was once again disqualified in Belgium (in addition to the already applied international disqualification). Taking into consideration the period, he continued to compete in Belgium, Keisse disqualification in Belgium was prolonged with regard to the international disqualification6. This situation demonstrates different types of court authorities attitude to arbitrary decisions and proves, how powerful the international federation is, as it is entitled to continue applying its sanctions, even if they are not approved by the national courts of one of the European countries. Another problem is the presumption of guilt for the use of doping by an athlete. An athlete under doping suspicion is not entitled to take part in competitions and at the same time undergo training or in any other way conduct sport activities, until the period of disqualification has expired. This problem 1 See: Rossiyskaya Gazeta (Российская газета, the Newspaper “Russian gazette”). 2013. No. 157. July 19. 2 See: Collection of official documents and materials of the Ministry of Sport of the Russian Federation. 2012. No. 11. 3 See: Gusov K. N., Shevchenko О. А. Sports law: legal status of athletes, coaches, referees and other specialist in physical culture and sport. Handbook second edition. Moscow, 2011. 4 See: [Online recourse] URL: http://www.velonation.com/news/ID/4796/Quick-StepsIljo-Keisse-has-two-year-ban-reinstated-by-CAS- following-WADA-appeal.aspx 5 See: [Online recourse] URL: http://www.velonation.com/news/ID/8088/Iljo-Keissetakes-case-to-Belgian-Court-of-Appeal-again.aspx 6 See: [Online recourse] URL: http://www.velonation.com/news/ID/8337/Iljo-Keisse-caseBrussels-court-upholds-CAS-verdict-and-rider-must-sit-out-rest-of-ban.aspx; [Online recourse] URL: http://www.telegraph.co.uk/sport/othersports/cycling/8498377/Quick-Step-rider-IljoKeisse-has-two-year-doping-ban-upheld-by-Court-of-Arbitration-for-Sport.html

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has been already regarded as a kind of sport discrimination, but still no efficient methods have been so far proposed to overcome it. Therewith the norm under consideration contradicts to the Russian labor legislation, according to which an athlete disqualified for doping doesn’t participate in competitions, still not only has the right to, but is obliged to continue the training, and to receive a salary for it. Pursuant to the art. 348.5 of the Russian Federation Labor Code, in the period of athlete’s ban from the participation in sport events due to doping, an employer ensures his or her participation in training and other events aimed at preparation for sports competition, providing an athlete with his or her partial salary. Therefore, the performed analysis of the main anti-doping issues in professional sport in foreign countries allows to conclude, that at present an autonomous management and control system is established, with one of the key features represented by the availability of elaborated legislation and rather strict responsibility measures, presumption of an athlete’s guilt and additional responsibility of a supporting personnel. Likewise, a positive tendency shall be noted as to bringing the Russian legislation in line with the international standards on doping-related issues.

Chapter 5 OFFENCES AND RESPONSIBILITIES IN THE FIELD OF SPORT § 1. Safety of sport events 1. Criminal fanaticism and international practice of fight against it Criminal fanaticism as an international phenomenon English sport fans are justifiably considered the founders of bully football fanaticism. In the mid-1960s, about two thirds of the English stadium stands audience identified themselves with football violence. In those years every other British football match ended with serious brawls. Initially, British fans rioted at the sports stands of the cities where they lived, but later the so-called ‘away support movement’ appeared when fans went to other cities in order to support their club, organizing mass disorders there. The anti-social behavior of British fans became an example to follow for supporters in other countries. Fans’ riots have turned into an inevitable attribute of the modern football life. All in all, over the period from 1902 to 2014, mass disorders and unreasoned actions of sport event organizers and police in various countries resulted in 40 tragic incidents that drew international public response and were associated with human injuries and death, stadium stands collapses, and considerable economic damage. Such events occurred in Argentina, Belgium, Brazil, Columbia, Congo, Côte d’Ivoire, Egypt, El Salvador, France, Gabon, Ghana, Great Britain, Guatemala, Israel, Italy, Libya, Nepal, Peru, Portugal, SAR, Thailand, Turkey, Zimbabwe, and many other countries. Some of these events led to international conflicts and wars. Thus, mass riots at Estadio Nacional stadium in Lima (Peru) during the match between the teams of Argentina and Peru on May 24, 1964 resulted in the death of 318 people and martial law imposition all over the country.

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Another well-known example is the so-called ‘football war’ in June-July of 1969 between Honduras and El Salvador caused by the mass riots during the match between the football teams of these countries, which resulted in the death of about 3000 people1. Therefore, maintenance of public order at large sports events is regarded as a priority and extremely important task of law enforcement agencies and authorities of all levels in any country of the world. Российские фанаты и массовые беспорядки на спортивных мероприятиях About 5-6 mln. people visit Premier League football matches and Kontinental Hockey League matches in the Russian Federation every year. Up to 5–8 thousand supporters can follow their teams in other cities. Up to 500 thousand Russian policemen and internal troops servicemen are involved every year for public order maintenance at sports stadiums. However, even such unprecedented security measures can be inefficient. About 5–7 thousand football fans are brought to administrative responsibility for public disturbance in the Russian Federation per year. It is worth mentioning that sport fans often provoke mas riots outside sports facilities. In the result of riots started by Russian fans in the center of Moscow in June 2002, during the broadcasting of the football match between the Russian and Japanese national teams, 75 people suffered, 49 people were admitted to hospital, and one person died from stab wounds. 107 motor vehicles, including buses for television broadcasting and trolley buses, and 7 cars were burnt during the riots. It would be fair to notice that riots during large sports events are not a unique phenomenon typical only of modern Russia. Fan-related disturbances have existed always, even in the USSR epoch. Thus, serious mass disturbances during or after football matches took place in Stalingrad in 1947, in Moscow in 1953, in Erevan in 1955, in Kyiv in 1956, in Leningrad in 1957, in Kutaisi in 1970, in Tbilisi in 1977. Fans crashed stadium stands, injured referees, players, viewers, militiamen, and internal troops servicemen, burnt emergency vehicles2. So, how does the modern Russian fan movement look like? It is based on the so-called ‘firms’ (the term was borrowed from the European fans) which consolidate the most aggressive fans. Each ‘firm’ consists of about 40–50 fans, has its own transport, stable mobile and Internet communications. The ‘firm’ members can mobilize themselves in a relatively short time for any actions, including anti-social ones. 1 See: Major football match incidents (1902–2012). RIA Novosti Spravka [Online resource] URL: http://stadiums.at.ua/news 02.02.2012. 2 See: Bogomolov A. Football wars in the USSR // Sovershenno Sekretno. 2011. May 12.

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Mass riots usually have the following scenario. As a rule, before sports events start, fans get steamed up by certain ritual acts, provoking chants, public insults of players and fans of other clubs when they go by train, come to railway or metro stations. The energy of the moving crowd grows due to the feeling of permissiveness, possibility of committing anti-social actions right in front of the eyes of passers-by and some law enforcement officers with impunity. When the crowd of fans approaches the stadium, it starts feeling its unity and force potential. These feelings are becoming more intense at the sports stands when the fans worry about the results of their favorite team’s play together. As a rule, everything starts from minor violations of public order on the part of fans. They are often of provocative nature, sometimes the sport event organizers and law enforcement forces do not respond to them duly. At the same time, the practice shows that belated response of law enforcement forces can be inappropriate, which, in its turn, leads to mass disobedience and protest of fans. It is exactly in this period when informal leaders appear and start inciting the crowd to anti-social actions. A spontaneous crowd of fans immediately turns into a united and organized force which can act defiantly and harshly, threaten public safety not only in the territory of sports facilities, but also beyond them. Subculture of criminal fanaticism It is interesting that despite the permanent and sophisticated enmity with each other, fans from different countries represent a social and psychological community. According to their social status, sport fans are mostly low-paid workers at non-prestigious posts (barmen, waiters, clerks, common labor personnel, etc.) and young students. According to psychologists, the fan of any country strongly believes that he is the twelfth’ member of his favorite football team and inalienable part of the fan movement. The victory of his team increases his confidence and boosts his self-esteem, while its defeat causes psychological disorders and deepens his inferiority complex. It is worth noting that criminal fanaticism and its subculture develop under the same principles everywhere. Radical fans’ lifestyle, habits, traditions and even fashion are very similar in different countries. In particular, the criminal slang used by sport fans all over the world can be difficult to understand for outsiders. For example, an ordinary man would hardly imagine that a ‘bum package’ («бомжпакет») means a package of instant noodles (popular food during out matches), a ‘wolf’ («волк») means a train ticket collector, a ‘yob’ («гопник») is a person who does not understand fan culture, a ‘toad’ («жаба») is a fan who changed his club, etc.

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It is known that even the casual style of fans’ clothes has been cultivated by fans all over the world primarily to ensure the anonymity of unlawful acts1. For many ‘firm’ members, consumption of drugs and alcohol before matches, opportunity to test themselves in dangerous situations, get their adrenaline going, feel themselves winners over the hostile fan team have become not just a style of life, but its essence and meaning, as well as a way of self-fulfillment. International practice of fight against criminal fanaticism Criminal fanaticism at sport arenas is not an inevitable or fatal phenomenon of social life. The legislative and law enforcement practice of many countries shows that this negative phenomenon can be overcome. In particular, the Europeans drew proper conclusions from the results of mass riots at the Heysel Stadium in Belgium in 1985 when 39 people died and over 500 people were injured. In the same year, the European Convention on Spectator Violence and Misbehavior at Sports was adopted. The Council of Europe adopted many other resolutions and legal documents concerning the problems of fight against criminal fanaticism. Special attention should be paid to Recommendations for international police cooperation and measures to prevent and control violence and disturbances in connection with football matches with an international dimension2. The creation of national police football information points in the European countries pursuant to this document is of special importance. These points are authorized to inform each other about dangerous sport supporters by means of placing or exchanging information on a special website. Besides, during international sport events these information points organize the reception of foreign police organizations and permanent connection with them via communication officers. The police delegations include operative police officers for intelligence, supervision, interaction with fans and their undetectable escort to sports events. The host side has to accredit the members of the invited police delegation at the sport event, include them in their general plan of force alignment and tactical actions. Each delegation member should know how to interact with host side policemen, have the relevant legal knowledge, use special recognition vests and equipment in case of emergency, discharge certain duties in case of mass disturbances. 1 See: Francis M., Walsh P. Guvnors: The Autobiography of a Football Hooligan Gang Leader. Saint Petersburg, 2009. 2 See: Council Resolution concerning an updated handbook with recommendations for international police cooperation and measures to prevent and control violence and disturbances in connection with football matches with an international dimension, in which at least one Member State is involved. Brussels, 28. 2006. Dec.

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Certain functions of public order maintenance are also assigned to stewards — both local and invited ones. Stewards should not only wear fluorescent clothes with the inscription “STEWARD”, but also meet the physical fitness and psychological standards to fulfil tasks in the sphere of security. In particular, they should master communication techniques and conflict resolution methods, techniques of monitoring and identification of law breakers, spectator search, first-aid dressing in emergency services, etc. In our opinion, it is especially important that the specified international cooperation in the sphere of security can be also extended to non-EU countries. Experience of Great Britain Great Britain is one of the few countries that managed to achieve significant victories in their fight against criminal fanaticism. In the 1980-1990s this country adopted a series of legislative acts which made it possible to establish order at sports arenas. Thus, the Sporting Events Act 1985 allowed the police to arrest and search supporters who drink alcohol in trains and buses on their way to a match; the Public Order Act 1986 authorized courts to impose football banning orders on individuals who had previously caused or been involved in either violence or disorder at football matches; the Football (Offences) Act 1991 found it is an offence for a supporter at a football match to throw anything at the playing area or stands, take part in chanting of an indecent or racialist nature, go onto the playing area without lawful authority or lawful excuse; the Football (Disorder) Act allowed the courts, upon police applications, to impose football banning orders regarding matches both within the country and abroad, while disturbers at sports facilities were obliged to hand in their passports to the police. Reorganization of British policing played a significant role in the normalization of near-football sphere. Thus, National Football Intelligence Unit (on the basis of criminal intelligence) was created as part of the Ministry of Interior of the United Kingdom. Its functions included operational work with fans, maintenance of offending football fans’ card file, and execution of court decisions on football match visiting ban. Football intelligence officers were assigned to particular football and fan clubs and practiced joint meetings for development of operational procedures aimed at mass disturbance prevention, escorted fans, including to foreign countries1. Nowadays the work of these officers is supervised by the UK Football Policing Unit of the Ministry of Interior of the UK. It is curious that sports clubs still pay for overtime work of policemen — the money is transferred to a special account of Scotland Yard. 1 See: Experience of public order maintenance during sporting and entertainment events (review of foreign sources) // Staff Bulletin of the Ministry of Internal Affairs for the Republic of Tatarstan. Kazan, 2009. No. 1. P. 16–28.

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It is worth noting well-coordinated work of local authorities, police, sports clubs of Britain on distribution of positive information on the achievements in the sphere of football security, provision of fans with information on changes in the administrative and criminal legislation, promotion of positive behavior among fans and zero tolerance to football hooligans. Over a relatively short period the British law enforcement forces managed to achieve significant improvement in the fight against offenses among fans. 2. Security ensuring at the Olympic Games Security management system at the Olympic Games1 The Olympic Games are an event of global scale visited by millions of people, thousands of athletes, coaches, referees, sports officials at all levels, heads of states, and other VIPs. According to experts, about a half of the world population watches the Games on TV and Internet. Safety of the Olympic Games, the atmosphere of hospitality, amiability and security directly contribute to the growth of the international authority of the hosting state and the values it promotes. During the Olympic Games, special strictly centralized security ensuring bodies (command centers or headquarters) are created. International centers for communication with security services and police of other countries are also formed. For instance, the International Police Liaison Centre worked at the Beijing Olympic Games (PRC, 2008) with participation of 200 officers of police and intelligence of over 80 countries of the world. The access to Olympic facilities is universally limited to unauthorized persons and transport, control zones and examination areas with special equipment are created. Special systems for personnel’s and spectators’ pass control are also installed. Special attention is paid to the protection of the Olympic village territory. For instance, infrared cameras and high-technology fence with voltage 5000 V 18 km long were used for the protection of the Olympic village perimeter at the London Olympics (United Kingdom, 2012). In accordance with the requirements of the International Olympic Committee, the so-called “security policies” are implemented at all Olympic Games in the form of detailed instructions for the insuring of the access and object modes of security. In particular, there are detailed regulations of procedures for access of natural persons to Olympic facilities, including persons with disabilities, as well as accommodation security conditions for the so-called client groups. A list of items prohibited to be carried into Olympic facilities is always formed. The procedure for examination of Olympic objects and person1 See: Official Olympic Reports. LA84 Foundation. [Online resource] URL: http://www. la84foundation.org/5va/5va_left.htm 03.01.2013.

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nel’s work places is determined. Special control is established in connection with the transfer of firearms, including sporting ones. The issues of doping control safety are regulated individually. Detailed descriptions are also given for the procedure of expulsion from Olympic facilities of persons infringing safety regulations. Engaged forces and facilities As a rule, all persons ensuring security of the Olympic Games undergo special training. An emphasis is put upon the creation and training of unconventional units. Thus, the well-known unconventional units Alpha Group and OMON riot police were created on the eve of the Moscow Olympic Games (USSR, 1980). These units have always performed the most responsible tasks for ensuring the security of the Olympic Games. For instance, during the Athens Olympic Games (Greece, 2004), special anti-terrorist units SAU and DEDD were responsible for the protection of VIP persons, in particular their evacuation to special secret shelters in case of emergency circumstances. The analysis of the quantity and quality of the engaged forces and facilities for ensuring security of the Olympic Games has shown two approaches. The first approach is based on strict savings of funds allocated for security ensuring and characterized by the engagement of the optimum number of well-trained policemen, military servicemen and specialists. The second approach is large-scale and connected with evident engagement of considerable defense and law enforcement resources. For instance, the London Olympic Games saw the UK’s biggest mobilization of military and security forces since the second world war. The helicopter carrier HMS Ocean was moored in the Thames with 800 Royal Marines and shooters’ teams on board. Air-defense missile systems Rapier and Starsteak were placed on the roofs of high apartment blocks. This brought negative consequences for the formation of social and psychological atmosphere of the Olympic city. Many inhabitants did not want to put up with the militarization of life and other inconveniences and left the places of their residence. At the same time, the actual number of tourists was less than expected as many foreigners were concerned about the large-scale military preparations1. Due to this, some experts recommend using private protective business structures during large-scale sporting competitions. According to their estimates, private sector can undertake about 60% of all works related to the ensuring of security of the Olympic Games and other large-scale sporting 1 См.: Песков А. Н. Международный опыт обеспечения безопасности Олимпийских игр (анализ правоохранительной деятельности) // Первый ежегодный Международный форум по спортивному праву. М., 2013. С. 137–138.

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competitions. Thus it becomes possible to cut down budget costs related to the ensuring of security of sporting events1. Use of advanced technologies As a rule, during the Olympic Games the most advanced and prospective scientific technologies in the sphere of security are used, which later on “come into fashion” in the markets of security and military technologies. Thus, at the Nagano Olympic Games (Japan, 1998) specialists familiarized themselves with iris recognition technology that was used for protection of doping control laboratories, arms rooms, and other important Olympic objects. Other recognition technologies for the analysis of operational situation with the involvement of various video systems and automated security systems have also been widely used at the Olympics. For instance, the unique computer system — С41 (Command Control Communication Computers Intelligence) — was used at the Athens Olympic Games (Greece, 2004) for automatic identification of cars and their owners by state numbers with the help of video cameras in the location areas of the Olympic facilities. However, the United Kingdom has become the unquestionable leader in the use of special video surveillance systems. Half a million CCTV cameras were installed in addition to 3 million of the existing video surveillance cameras at the London Summer Olympic Games (United Kingdom, 2012). In addition, the UK created the biggest biometric offender identification system in the world (designed for 100 thousand people) and provided the police with HIIDE scanners which enabled effective personal identification by fingerprints and iris recognition. Special technologies are also used in the sphere of food security. For instance, a special command center for food security ensuring was created during the Beijing Summer Olympic Games (PRC, 2008). Particular electronic detectors for the monitoring of the quality of food, air and water were installed in the kitchens and public eating places, as well as at the pump water stations. Experience of security ensuring at the Sochi Olympic Games 2014 The security of the Sochi Olympic Games (Russia, 2014) was admittedly ensured at the highest level. This was the result of hard large-scale work performed before the Olympics. All power block units that participated in the security ensuring of the competitions trained hard and prepared for actions in extreme conditions. Even policemen practiced mountaineering and studied foreign languages. 1 See: Richards А., Fussey Р., Silke А. Terrorism and the Olympics. Major event security and lessons for the future. London and New York. 2011. С. 177.

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Just before the Olympics, the Operational Headquarters headed by the Director of the First Service (counter-intelligence branch) of the Federal Security Service (FSB) of the Russian Federation was formed to provide security of the Olympic Games, and its powers were determined. The transfer of aircraft and marine vessels was limited in the area of the Olympics. A ban was imposed on the trade in arms and ammunition; the patrolling of mountain passes was organized; barriers and ambushes were established on the possible ways of move of bandit formations. Pilotless aircraft were used to control the situation. A counter-sabotage group of special-purpose warships was formed on the Black Sea. Special equipment made it possible to find fighting underwater swimmers at a depth of up to 100 m and neutralize them with the help of hydro-acoustic impulses of non-lethal influence1. However, the most important work was performed by Russian law enforcement officers and undercover men who ensured immediate response to all coming operative signals about possible threats and reliable multi-level system of Olympic facility protection. Security measures were taken at the Sochi Olympic Games not only in a highly professional way, but also imperceptibly for the public. As a result, all spectators and participants of the sporting competitions enjoyed the atmosphere of amiability, comfort and perfect safety. 3. Sport and terrorist threats Terrorist acts during large-scale sporting events2 The main objective of terrorists, both at the national and international levels, consists in the use of terrorist acts (explosions, arsons, murders of hostages and civilians, etc.) for the intimidation of the society and putting pressure on the government authorities or international organizations with a view to satisfy political and other requirements. Athletes and spectators are constantly dying in the result of terrorist acts. Thus, In 2008, a Tamil Tiger suicide bomber killed 14 people and injured 110 people at the start of a marathon in Sri Lanka in 2008. In 2010, during a volleyball match at the north-east of Pakistan, a Tehrik-iTaliban Pakistan suicide bomber killed 95 people and injured 100 people. However, the greatest international resonance was caused by the terrorist act at the annual Boston marathon (USA, 2013), in the result of which 3 people died and 280 people were injured. 1 Peskov A. N. Criminological problems of providing security at the Olympic Games in the territory of the Russian Federation // Law and Security. 2013. Nos. 1–2 (44). 2 See further: Peskov A. N. Terrorism and problems of providing security at the Olympic Games // Law and Security: Theory and Practice. 2013. No. 7.

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Large-scale international sporting events provide terrorists with great opportunities to voice their demands in public all over the world. In most cases Olympic Games are chosen as an ideal site for the maximum publicity of demands. It is not an accident that the most resonant terrorist act in the modern history took place exactly during the Munich Olympics (FRG, 1972). It was the day of clear victory of the international terrorism when the Palestinian group Black September members killed 11 Israeli athletes and coaches and one West German police officer in Munich. Unfortunately, these Olympics have gone down in history as an example of careless and negligent attitude towards security ensuring tasks at largescale events. The FRG security services ignored the operational information about the terrorist act that was being prepared. The perimeter of the Olympic village was virtually unguarded. Police snipers came to the anti-terrorist operation armed with weapons without scopes. Armored personnel carriers called for help got stuck in a traffic jam. As a result, all hostages were killed1. The Munich tragedy also became a powerful incentive for the expansion of war against terrorism at the international level. All over the world, special anti-terrorist units were created and equipped with the most advanced weapons and special equipment. At the UN level, a series of international legal documents were adopted concerning anti-terrorism effort in various spheres of human activities (civil aviation, maritime navigation, nuclear material use, etc.). However, all these measures failed to prevent the act of a terrorist at the Atlanta Olympic Games (USA, 1996). Eric Rudolph, a “Christian fundamentalist”, decided to commit a terrorist attack in order to voice his protest against homosexuals and abortion. He managed to bring a pack with 25 kg bombs into the Centennial Olympic Park and detonate them without any hindrance. As a result, one person died and 111 people were wounded. Eric Rudolph was found only seven years later. He was sentenced to four consecutive life terms for this terrorist attacks and other similar crimes2. It is interesting that terrorist groups frequently become more active just before the Olympic Games. This may be linked to their desire to compromise the Olympics in one or another country on political grounds, to frustrate them, to intimidate athletes, members of official sports delegations, spectators and guests of the future competitions. 1 See: Terrorist attack at the Munich Olympic Games [Online resource] URL: http:// ru.wikipedia.org/wiki (date of access: 15.05.2013). 2 See: Eric Rudolph [Online resource] URL: http://en.wikipedia.org/wiki/Eric_Rudolph (date of access: 22.05.2013).

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Terrorists all over the world are constantly planning attacks on Olympic facilities and members of official sports delegations, as well as attacks during the Olympic opening and closing ceremonies. Terrorist attacks were prepared before the Olympic Games in Innsbruck (Austria, 1976), Lake Placid (USA, 1980), Albertville (France, 1992), Barcelona (Spain, 1992), Sydney (Australia, 2000), Turin (Italy, 2006) and Beijing (PRC, 2008)1. Thus, on the eve of the Beijing Olympics the Chinese security services eliminated 12 terrorist groups. One of such groups was going to hijack a Chinese airliner and kidnap the Olympic athletes. However, despite the measures taken, just before the start of the Beijing Olympics terrorists managed to organize explosions in public transport and an attack on a Chinese national police base2. Competition between terrorist and anti-terrorist technologies A question arises whether it is possible at all to ensure safety of the Olympic Games and other sporting events in the face of terrorist threat. Any sensible security expert would say that absolute protection from terrorism cannot be ensured in principle, including during the organization of large-scale sporting events. An experienced terrorist can always find a weak spot in defense and commit a planned crime. There is a philosophical explanation to this. There is a constant struggle between good and evil, the society on the whole and its criminal part, the methods of attack and means of defense. This struggle is inherent in the nature of existence and human being. It would be an illusion to think that this struggle could ever be ended. For instance, the technology of detection and jamming of radio signals causing explosive detonation is used nowadays for anti-terrorist protection. However, terrorists of the Irish Republican Army invented a new system of explosion detonation at a distance (200–300 m) with the use of ordinary photographic flashes3. It is possible that in the near future security services will invent new systems for detection and suppression of these flashes, and the spiral of the race of terrorist and anti-terrorist technologies will make a new turn. It is interesting that nowadays new anti-terrorist technologies are implemented already at the stage of design and construction of sports facilities. In the United Kingdom, for instance, the planning of sports facilities includes the installation of closed-circuit television, electronic systems for automatic determination of vehicle registration numbers, use of resilient, non-explosive materials, etc. 1

See: Richards А., Fussey Р., Silke А. Op . cit. Р. 239–243. See: Zhuravel V. P. Anti-terrorist protection at the Olympic games in the 21st century // Obozrevatel. 2011. No. 5. P. 92–101. 3 See: Richards А., Fussey Р., Silke А. Op . cit. Р. 107. 2

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Modern counter-terrorist technologies are used even at the stage of sports ticket sale. For instance, there is a technology for detection of explosives in human sweat during ticket punching. The enhancement of modern anti-terrorist technologies was also connected with new terrorist challenges, in particular appearance of suicide bombers. For protection from them, specialists recommend anti-bomb portals that allow passage to sports facilities only one at a time and can be closed immediately in case of explosives detection. There are also more advanced barriers along the perimeter of sports facilities for protection from vehicles run by suicide bombers, which are made not of concrete, but special blast resistant materials that does not form additional debris upon blast. Requirements for anti-terrorist security of sports facilities in Russia On March 6, 2015 the Government of the Russian Federation issued Regulation No. 202 “On Approving Requirements for Anti-Terrorist Security of Sports Facilities and Safety Data Sheet Forms of Sports Facilities.” Pursuant to the Regulation, the owners (users) of sports facilities shall be responsible for their anti-terrorist security. They also should finance all counter-terrorist activities. Special committees including officers of national security territorial bodies and internal affairs bodies have to examine sports facilities and determine their class with account of potential terrorist threats, possible number of injured people and expected material damage. According to the Regulation, all sporting facilities are divided into four danger classes. The first class includes facilities where over five terrorist attacks were planned or committed within a year, the estimated number of injured people makes up over 500 people, and the economic damage equals over 500 mln. rubles. The second class takes into account three — four terrorist attacks with the estimated number of injured people from 101 to 500 and an economic damage of 50–500 mln. rubles. The third class refers to the index of 1-2 terrorist attacks, 31–100 estimated victims, and an economic damage of 10–50 mln. rubles. The fourth class is based on the estimated number of victims less than 30 people and economic damage of less than 30 mln. rubles. Besides, this class includes all open plate sports structures. The presence of at least one of the above indices is enough for the committee to assign a danger class to the examined facility. At every sporting facility, officials responsible for counter-terrorism security are assigned, access and internal security modes are established. There are systems of emergency alert and evacuation of people in case of a terrorist attack or threat.

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Depending on the danger class of a sporting facility, it can be equipped with special technical security equipment. In particular, first-class sports facilities are equipped with video systems of face recognition, including of offenders, and access control, as well as stationary metal detectors. The second-class sports facilities are equipped with a protective television system which enables identification of visitors’ faces, as well as with stationary or hand-held metal detectors. The third-class sports facilities are equipped with an ordinary television system and hand-held metal detectors. The fourth-class sports facilities are fitted with technical equipment at the choice of the owners, lessors and other responsible persons. In addition, according to the Executive Order of the President of the Russian Federation No. 851 dated June 14, 20121, additional security measures can be taken at a sports facility if the elevated (“blue”), high (“yellow”) or critical (“red”) terrorist threat level is declared in the respective constituent entity. In particular, according to the decisions of the regional anti-terrorist committees and National Anti-Terrorist , in such cases the directors of sports facilities will have to tighten the access and internal security modes, carry out additional inspections of sports facilities for the purpose of determination of possible bomb planting sites, training of security services on spectators’ evacuation, create temporary accommodation points, etc. In addition, pursuant to the requirements of the Russian Government, every sports facility should have a safety data sheet approved by the heads of territorial security bodies and internal affairs bodies. The specified document should contain data on the sports facility (number of spectator seats, employees, owners, lessors, etc.), on potentially dangerous and critical elements of the facility, forces and means engaged for anti-terrorist protection and other important information. The safety data sheet should be constantly updated and operable for decision-making in cases of emergency. 4. General security ensuring measures taken by organizers of official sporting competitions and owners (users) of sports facilities Responsibility of sporting event organizers, owners (users) of sports facilities for security ensuring and sports infrastructure condition Subject to the Federal Law on Physical Culture and Sport in the Russian Federation (as of December 31, 2014) and Rules for Safety Ensuring during Official Sports Competitions (approved by the Regulation issued the Government of the Russian Federation, dated April 18, 2014, No. 353), 1 See: Executive Order of the President of the Russian Federation dated June 14, 2012, No. 851 “On Procedure for Declaring the Levels of Terrorist Threat which Require Additional Measures to Ensure the Safety of Individuals, Society and the State.”

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the organizers of sports competitions and owners (users) of sports facilities shall be responsible for the maintenance of public order and safety in the sphere of sports. The organizer of an official sports competition and owner (user) of a sports facility shall maintain public order and public safety during sporting events in cooperation with government authorities of the Russian Federation, constituent entities and local authorities. In particular, the specified persons can address internal affairs bodies for assistance in performance of these tasks. They should also inform the relevant territorial bodies of internal affairs about the time, period and venue of sporting competitions within 30 days. In addition, these persons should finance safety maintenance measures at sporting event venues, ensure proper maintenance of sports facilities infrastructure, in particular stadiums, pursuant to the requirements of the Ministry of Internal Affairs of the Russian Federation. The Safety Rules stipulate that a sports facility should have premises for headquarters (coordination centers) for monitoring the order and taking prompt response measures, as well as for ensuring operational activity of national security and police officers, and storage of items prohibited to be brought into the facility. Besides, areas (check points) should be created for the searching of citizens and transport; parking spaces for transport means, including automobiles and specialty vehicles of field services. All sports facilities should be provided with information displays and (or) stands, access control system, intrusion protection and alarm system, closedcircuit television systems, lighting and safety communication systems. If such games as basketball, volleyball, rugby, football and hockey are held at a sports facility, a video surveillance system should be installed obligatorily in order to identify natural persons during their stay at sports venues, with output to the premise where the coordination center is located, and monitor the operational situation, It is also important to bear in mind that sporting competitions cannot be held in right-of-ways of gas, oil product pipelines, high-voltage transmission lines, in the territories adjacent to hazardous production facilities, on auto roads where the flow of traffic is not limited or not suspended, in frontier zones without permission of the federal security service bodies. The Law on Physical Culture and Sports establishes that the venue of official sporting competitions which does not comply with safety requirements cannot be used for the specified competitions. It is also necessary to take into account the existence of international standards and safety standards for sports facilities which prevail over national safety regulations. For instance, on December 14, 2012 the FIFA Executive Committee approved regulations on law enforcement and safety for mandatory use during the World Championships, including the one in 2018 in the Russian Federation.

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The specified document regulates a wide range of issues related to safety and security management, stewards’ activities, issue of security certificates, ticket policy, access control, crowd management and actions of emergency services1. Rights and obligations of sporting event organizers, owners (users) of sports facilities in terms of public order maintenance and public safety The owner (user) of a sports facility should obligatorily have the following documents: certificate of facility commissioning; safety data sheet; safety instruction with a standard plan of public order maintenance and public safety ensuring during competitions, and a number of other documents. Safety instruction should be developed on the basis of a standard instruction approved by the order of the Ministry of Sport of the Russian Federation dated November 26, 2014, No. 948. In particular, this document should include description of the sports facility (facility layout, spectators’ routes, characteristics of ticket offices, stand fill rate, video surveillance system arrangement, etc.), lists of managers and employees in the sphere of safety, etc. The instruction should also include a standard plan of public order maintenance and public safety ensuring with allocation of forces and means, algorithms of actions in cases of abnormal situations. The instruction should be approved by the owner (user) of the sports facility at least once every three years and agreed upon with the territorial security agencies and internal affairs bodies. The organizers of sporting competitions, owners (users) of sports facilities are entitled to set requirements for ticket sale, limit spectators’ access to the sports facility sectors; and not to admit persons who violate the Rules of Conduct or whose access is prohibited due to the relevant court decision on administrative ban on sports venue visiting. They may also require that the spectators observe public order, check visitors’ tickets or substitutive documents, carry out personal search of citizens and their belongings together with internal affairs officers, and, in case of their refusal from personal search, deny them access to the sports venue. In addition, during sporting competitions, in cases stipulated by the Government of the Russian Federation, identity documents of spectators can be checked. The law allows sporting event organizers to suspend such events in cases of group public disturbances and terminate them if mass disorders cannot be stopped. The sporting event organizers together with sports facility owners (users) should exercise access and internal security modes, inform the spectators and 1 See: FIFA Stadium Safety and Security Regulations (adopted by the decision of the FIFA Executive Committee on December 14, 2012). FIFA, 2012.

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participants of competitions about the need for observance of the Rules of Conduct as well as on their actions in case of emergency. They have to organize emergency medical care and unhindered admission of field service vehicles. 10 days before every sporting competition its organizers should develop, in consultation and coordination with territorial bodies of internal affairs, a plan of action for safety ensuring, in a day approve the certificate of the competition venue readiness, not later than in three hours together with owner (user) examine the competition venue, including for explosives, according to the results of which a report is made up. Stewards and their legal status In accordance with the Law on Physical Culture and Sport in the Russian Federation, organizers of sporting competitions, owners (users) can involve stewards for the purposes of public order maintenance and security ensuring by means of turning to an organization specialized in the training of such specialists. So, who is a steward? According to the specified law, steward is a natural person who underwent special training in accordance with the procedure established by the Ministry of Sport of the Russian Federation and engaged by the organizer of a sporting event and (or) owner (user) of a sports facility on a contractual basis to carry out safety measures. Pursuant to the procedure established by the Ministry of Sport of the Russian Federation1, stewards are trained by the national and regional sports federations. Steward training programs provide for the study of Russian legislation, requirements of the FIFA, UEFA and RFU, methods of supporters’ conduct regulation, ways of forged document detection, tactical actions (algorithms) upon violations of the working regulations and public order by spectators, and many other important issues. Only after the relevant training and certification stewards can be involved on a contractual basis for public order maintenance at sports facilities. Who can be admitted to such work? The Law stipulates that this could be only adult legal citizens of the Russian Federation without previous convictions, not registered in health authorities due to any mental illness, alcoholism, drug addiction and substance abuse, not held administratively liable for misconduct at sports facilities before. The steward’s duties are quite wide. He should not only check tickets and search spectators and their belongings, but also attend them to their seats at 1 See: Order of the Ministry of Sport of the Russian Federation dated April 14, 2014 No. 234 “On Approving the Procedure for Special Training of Stewards for Ensuring of Public Order and Public Security during Official Sporting Competitions.”

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the sports stands, inform them, for instance, on additional services, rules of conduct, evacuation procedure, etc. At the same time, the steward may require that the spectators keep the order, prevent their wrongful acts, deny offenders access to the venues of official sporting competitions and, if necessary, remove them from there. Besides, stewards have to control the spectators’ movement, limit their access to certain zones, take part in the evacuation of spectators and participants of sporting competitions, carry out other duties imposed by the organizers of sporting competitions and (or) owners (users) of sports facilities. 5. Rules of spectators’ conduct Basic concepts In accordance with the Law on Physical Culture and Sport in the Russian Federation, spectators’ rights and obligations during official sporting competitions are set by the Rules of Spectators’ Conduct approved by the Government of Russia1. However, the organizers of official sporting competitions and (or) owners (users) of sports facilities also may set additional requirements for spectators’ conduct which should not contravene the specified Rules and current legislation. The Rules shall be placed on bulletin boards (stands) next to the ticket offices, near the entrances to the facility, stands and sectors, published on the official websites of sports federations and organizers of the official competitions. In case of international sporting competitions the specified rules are published in foreign languages, in case of other competitions - in native languages of peoples of the Russian Federation (at the discretion of the official competition organizer). Entry to the competition venue implies that the spectators accept and will voluntarily comply with the requirements set by the Rules. So, who are spectators? In accordance with the Law on Physical Culture and Sport in the Russian Federation, spectators are all natural persons who do not participate in competitions and maintenance of public order and safety. According to the Rules of Spectators’ Conduct, fans are called “spectators’ association”, that is a group of people including over twenty people, supporting one of the competition participants, and accredited by the official competition organizer. Such spectators are provided with “active support sectors” which are defined as “separate blocks of spectator seats meant for support of the official competition participants, including with the use of the so-called “supporting means.” 1 See: the Regulation issued by the Government of the Russian Federation, dated December 16, 2013, No. 1156 “On Approving the Rules of Spectators’ Conduct during Official Sporting Competitions.”

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Supporting means are items which contain verbal or image information for visual decoration of stands as well as wind instruments for sounding which can be used by spectators. As a rule, the organizer of the official sporting competition assigns active support sectors to concrete fan groups, while the Rules prohibit the use of supporting means belonging to other fan groups (slogans, banners, etc.) in these sectors. Rights and obligations of spectators The Rules of Spectators’ Conduct not only contain prohibitory and imperative provisions, but also determine spectators’ rights. In particular, spectators have the right to protection and human dignity, medical treatment as well as assistance of stewards and volunteers. The spectator has the right to drive up to the sporting event venue in his/ her personal motor vehicle, leave it at the parking of the sports facility in the presence of the relevant pass (permit). He/she may put an item not allowed to be brought into the facility for safe keeping to the storage room and be sure of its safety. With the assistance of a steward, he/she may take his/her individual seat specified in his/her admission ticket wherefrom the field of view is not limited and which is maintained clean. The spectator may bring with him/her non-prohibited personal effects, supporting means, non-alcoholic beverages in plastic or paper glasses, containers with food. At the same time, spectators should treat other spectators, organizers and participants of the official sporting competition with respect, comply with lawful requirements of stewards, inform them about suspicious items, maintain cleanliness at the sports facility. Spectators may not stay at the venues of official sporting competitions in a state of intoxication offending human dignity and public morals. It is prohibited to throw items in direction of other spectators and participants of sporting competitions, make inscriptions and drawings on the walls and other structures of the sports facility, carry on illicit trade, perform all and every act endangering their own safety as well as safety, life and health of other persons. Spectators may not gold public events not provided for by the regulation of the official sporting competition. For instance, it is prohibited to use sports stands for a political meeting or pre-election campaign. The Rules limit spectators’ movement at the sports facility. In particular, it is prohibited to get directly onto the ground of the official sporting competition (for instance, to the football field), into zones not specified in their admission tickets (technical rooms, zones for distinguished guests, mass media, etc.), stay at the stairs, passages, exits, etc. There also requirements for the spectators’ appearance. They may not bare their intimate parts, hide their faces, in particular use masks, contrivances and other items specially meant for identification hampering.

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Rules for the bringing of items and supporting means It is forbidden to bring into the venues of official sports competitions weapons and ammunition of any type, piercing, cutting and other objects which may be used as weapons, as well as explosives, toxic, poisonous and strongly smelling substances and radioactive materials. It is also prohibited to bring flammable and pyrotechnical substances (except for matches and pocket lighters), including signal rockets, flares, petards, gas bangs; items the use of which may cause smoke, fire, spraying of various materials and substances, as well as coloring substances. Access to a sports facility is prohibited to spectators who bring alcoholic drinks, drugs, toxic substances or stimulators with them, as well as to those who bring refreshment drinks in glass bottles or cans or in plastic containers with a volume of over 0.5 L. Pets and birds (for instance, pigeons) are not admitted to sports facilities. The exception is made only for persons with disabilities accompanied by guide dogs with muzzles. It is prohibited to bring promotional materials of extremist nature or those containing attributes and symbols of extremist organizations. However, in practice, it is quite difficult to determine over a short period of time which symbols belong to extremist organizations. In this case, it is necessary to be guided by the UEFA manual on determination of racist symbols. This manual contains detailed descriptions of such symbols, alphabetic and digital codes, graphic and ancient symbols (runes) of extremist nature, Nazi clothing brands1. The Rules of Spectators’ Conduct also set requirements for supporting means which can be brought without an advance approval by the official competition organizer. Such supporting means should not contain inscriptions of political, extremist, provocative or advertising nature, insults, swear words or obscene images. The means discussed should not harm the reputation of, and give offence to participants, spectators, organizers of the sporting competition. If they contain words and expressions in a foreign language, then their notarized translation into Russian should be presented at the entry to the official sporting competition. All supporting means should be placed in places where they will not hinder the competition viewing by other persons. Banners and flags should not exceed 2 × 1.5 m. Specific requirements are set for means brought to active support sectors. In particular, spectators should get approval for the bringing of mouthpieces, drums, pipes and horns, flags, banners-transparents and flag cloths. 1 Racist and Neo-Nazi Symbols in Football: a Training Manual for Stewards and Security Staff / UEFA. B. m., 2008.

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There are also requirements for these supporting means. For instance, only one mouthpiece with a capacity of no more than 200 W is allowed at the active support sector. Wind instruments for sounding can have a capacity of up to 120 dB. Banners should have fire safety certificates. Additional questions may appear: for instance, what if supporters want to bring a transparent 10 m long? Whether it is allowed at all bring supporting means not complying with the specified requirements? The rules allow this only upon advance approval within two working days before the official sporting competition. In this case, a person responsible for this means should be assigned from among the spectators of the group and his/her identity should be proved. The organizer of the official sporting event should determine the procedure for placement of such supporting means, which should be reported in advance to the relevant territorial body of internal affairs.

§ 2. Criminal and administrative responsibility for the offences in the field of sport 1. Match-fixing incidence Recently FIFA President Joseph S. Blatter had to state, “Match-fixing shakes the very foundations of sport, namely fair play, respect and discipline. That’s why FIFA employs a zero-tolerance policy when it comes to any infringement of these values.”1 Unfortunately, we have to admit that mass arrests and detentions of football players, coaches, heads and owners of sports clubs over deliberate manipulation with match results to ensure unfair wins and get financial or other benefit are not sensations anymore, they are becoming the reality of modern football. Hundreds of coaches, referees, players, heads of sports federations and sports club owners in many countries of the world have been brought to trial for match-fixing. A special penal colony was created in China for the head of the Chinese football federation and about 200 football functionaries, coaches, agents and football players. The situation in the Russian Federation is hardly any better. According to some experts, 20–40% of the Russian Football Championship matches are fixed. However, in contrast to other countries, in Russia offenders are held liable for such crimes only in rare cases2. 1 FIFA’s historic contribution to Interpol in long term fight against match-fixing. 9 May 2011 FIFA com // Official site of the FIFA [Online resource] URL: http://ru.fifa.com/worldcup/ index.html 2 See: Peskov A. N. Practice of Fight against Match-Fixing // Bulletin of the Russian International Olympic University. M., 2012. No. 3.

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Meanwhile, it can be assumed that the real scope of fixed-matching is considerable not only in football, but also in hockey, basketball, tennis, baseball and many other popular sports. 2. Illegal betting and organized crime What is the mechanism of profit making from match-fixing? For the most part, totalizators and betting offices are used where one can stake on the results of predetermined sporting competitions and quickly earn huge illegal income. The scopes of illegal betting boggle the imagination. For instance, according to the data published by the FIFA, illegal betting on the results of football matches brings their organizers about 90 billion US dollars a year. According to the International Olympic Committee, the annual turnover invested in illegal betting in all sports is 140 billion US dollars1. Such crimes are usually committed with the participation of organized criminal groups. For instance, an investigation of match-fixing in Italy showed that illegal income of two criminal organizations — Camorra and Mafia — from fixed matches made up about 2 billion euros. According to the FIFA Security Division, criminal syndicates controlling sports are growing extremely fast and become transcontinental organizations. In September 2014, the Interpol and FIFA stated there were criminal communities in Russia engaged in fixed match organization2. 3. International practice of fight against match-fixing A real war against match-fixing is waged all over the world. Special criminal responsibility for sporting fraud is established in Italy, Portugal, Spain, United Kingdom, Poland, Bulgaria and other countries. For instance, the management of a Turkish sports club was sentenced to 24 years imprisonment3. The FIFA, UEFA and other international and national organizations created their own security structures for fight against match-fixing. By the decision of the UEFA Executive Committee, an institute of officers for fight against corruption in the leading European clubs was created. Their tasks include fight against match-fixing, interaction with national bodies of police and justice, preventive work among football players, coaches and referees. In 2014 the UEFA Congress adopted Resolution “European football united for the integrity of the game” which abolished the limitation period for matchfixing investigation. 1

See: Illegal betting kills sport // Ekonomicheskiye Izvestiya. 2011. No. 38. March 3. See: Interpol: Fixed matches are held in Russia [Online resource] URL: NEWSru.com (date of access: 10.09.2014). 3 Peskov A. N. Practice of Fight against Match-Fixing. 2

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Many countries have programs of reward and amnesty for persons who inform football associations about the facts of fixed matches and corruption in football. Thus, in 2014 the UEFA launched a mobile app for iPhone, iPad and Android in seven languages which helps not only receive information about fixed matches, but also report football corruption cases. Systems of early detection of fixed matches successfully function in the FIFA and UEFA. During every football season, the UEFA monitors 32 thousand matches in terms of suspicious activity in the betting market. In case of receiving signals on suspicious betting, the FIFA and UEFA immediately initiate an investigation in cooperation with the Interpol and national law enforcement bodies. For these purposes, the specified organizations send their own investigator to the match, organize video and photo shootage of the game. During the break, the officials inform the players and referees about the betting machinations and warn them about the need to adhere to the fair play principles. In May 2011 the FIFA even provided the Interpol with a grant of 20 million euros for anti-corruption measures in football, in particular for the organization of trainings on match-fixing detection. Council of Europe Convention on the Manipulation of Sports Competitions became a new stage of fight against match-fixing. In September 2014 the Convention was signed by the Russian Federation. The Convention determined the notions of manipulation of sports competitions, illegal sports betting, irregular sports betting and suspicious betting at the international level for the first time. It established measures to fight illegal sports betting activities, procedure for exchange of information among the competent government authorities, sports organizations and sports betting operators. In accordance with the Convention, each party should create a national platform (coordination center) for fight against manipulation of sports competitions, organize criminal prosecution of persons engaged in sports results manipulation and laundering of proceeds from these criminal activities, establish responsibility of natural persons and legal entities, measures for preservation of electronic evidence and protection of witnesses1. 4. Legislation of Russia regulating fight against match-fixing In July 2013 the Russian Federation made significant amendments to the current legislation aimed at prevention of illegal influence on results of official sports competitions. 1 See the Regulation issued by the Government of the Russian Federation, dated September 12, 2014, No. 929 “On Making a Proposition to the President of the Russian Federation on the Signing of the Council of Europe Convention on the Manipulation of Sports Competitions”.

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In particular, the Law on Physical Culture and Sport in the Russian Federation was supplemented with a new article 26.2 “Prevention of Illegal Influence on the Results of Official Sports Competitions and Fight against Them” which significantly broadens the powers of the Ministry of Sport of Russia regarding fight against match-fixing. Now the Ministry of Sport can suspend the accreditation of the AllRussia Sport Federation if it, within the limits of its competence, does not take measures aimed at the prevention of illegal influence on the results of sports competition. Namely, if it does not apply sanctions to athletes, referees, coaches, captains of sports teams placing illegal bets, if it admits them to sports competitions in spite of charges and suspicions towards them which are related to match-fixing crimes. The accreditation can be suspended if the sport federation does not impose on sports competition participants a ban on betting in betting offices and totalizators according to concrete types of competitions and sports within the competition regulations or does not inform law enforcement agencies about the detected facts of illegal influence of the results of sports competitions. The Sport Federation will also be responsible for failure to inform the international sport organization for the relevant sport and supervisory bodies in the sphere of sport and physical culture on sanctions imposed due to these offences. Should the All-Russia Sport Federation fail to remove circumstances encouraging match-fixing within six months after the suspension of its accreditation, its accreditation can be abolished altogether and the Federation itself can be excluded from the register of accredited sports organizations. The executive authorities of the constituent entities of the Federation have similar powers regarding regional sport federations. Serious changes were made in the legislation regulating organization and holding of gambling. The Code of Administrative Offences of the Russian Federation (art. 14.1.1.-1) establishes administrative responsibility of persons organizing gambling in betting offices and totalizators in case they accept bets on official sports competitions as well as pay winnings without asking gamblers to present their identification documents. In such cases, a fine can be imposed on the relevant officials in the amount between 30,000 and 50,000 rubles, on legal entities — between 500,000 and 700,000 rubles. Besides, the specified persons will be administratively responsible if they do not inform the All-Russia Sport Federation for the relevant sport or tax authorities about bets on the official sports competition which ended with the least probable result or outcome. These actions imply even bigger fines. The fine imposed on officials may equal between 50,000 rubles; on legal entities — between 800,000 and 1 million rubles.

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However, it is necessary to bear in mind that in July 2014 amendments were made to the Federal Law on State Regulation of Gambling Organization which make it possible to bet online and receive winnings via the Internet without direct presentation of documents, in particular receive winnings via an increase in the e-money balance1. The criminal responsibility for illegal influence on the results of official sports competitions has been considerably toughened. Subject to art. 184 of the Criminal Code of the Russian Federation (as of the Federal Law dated July 23, 2013, No. 198-FZ), the illegal influence on the results of an official sports competition by bribing athletes, referees, coaches, captains of sports teams and other participants or organizers of the official sports competition (including their employees), or coercion or inducement to exercise such influence, or previous concert with the specified persons for the same purposes shall be punishable with a fine of between 300,000 and 700,000 rubles, compulsory labor for up to four years or imprisonment for up to four years. Participants of an organized criminal group who carried out the same actions can be sentenced up to 7 years imprisonment. However, it is necessary to bear in mind that bribery does not include the promise of a prize to the participants of the official sports competition, as well as property transfer for the improvement of conditions for athletes’ preparation. Organized criminal groups often coerce or induce participants of official sports competitions to illegal actions. The difference between coercion and inducement consists in the degree of influence on the specified persons. Coercion is associated with blackmail, threats, concrete actions in terms of life, health or property, whereas inducement is connected with non-violent actions, such as persuasion, promises, etc. The crime is considered committed even in the absence of consent to any actions aimed at exercising illegal influence on the results of the official sports competition. The receipt of money, securities, other property by an athlete, coach, head of the sports team or another participant of the official sports competition, their use of services of material nature, deriving of other profits and advantages or their previous concert for the purpose of illegal influence on the results of the official sports competition shall be punished with a fine of 300,000–500,000 rubles, or compulsory labor for up to four years, or imprisonment for up to four years. If the specified acts have been committed by a referee or organizer of the official sports competition, he/she can be imprisoned for up to seven years. 1 Federal Law dated July 21. 2014, No. 222-FZ “On State Regulation of Activities on the Organization and Holding of Gambling and Amendments to some Legislative Acts of the Russian Federation” and some Legislative Acts of the Russian Federation”.

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In this case, services of material nature can be very diverse (payment for the trip to the sports competition or for the travel package, free provision of intimate services, etc.) In contrast to this, bribery always presupposes illegal property transfer for the purpose of influencing the results of sports competitions. Such a crime is considered committed at the moment when the recipient accepts at least a part of the property transferred. It is necessary to bear in mind that under this article of the Criminal Code of the Russian Federation the court can inflict a penalty or impose a ban to hold certain posts or be engaged in certain activities as an additional punishment. It is worth mentioning that persons bribing the participants of the official sports competitions can be released from criminal responsibility if they inform law enforcement agencies thereof or prove that they have been bleeded. As for the subjective aspect of this crime, it is always committed with direct intention, and only persons aged 16 years or more can be regarded as its committers. The bribery is possible only with regard to the so-called special crime committers (athlete, coach, sports referee, captain of a sports team and other participants of the official sports competition). 5. Legal measures in combating extremism, racism, national and religious intolerance in sport Extremism, racism, national and religious intolerance in sport According to the Olympic Charter, any discrimination towards a country or person based on race, religion, political opinion or gender is incompatible with the Olympic movement. At the same time, the history of sport is replete with instances of racism, national extremism and religious intolerance. The German Olympics 1936 were a striking example of race discrimination, demonstration of national superiority and militaristic spirit. Only thanks to the personal efforts of the President of International Olympic Committee H. de Baillet-Latour, on the eve of the Olympics Hitler had to give an instruction to remove the signs on the toilets stating: “No entry to dogs and Jews.” In the period of organization of the Olympics 1936, the Nazis seriously considered the idea of creating a new race of fair-skinned and blue-eyed “Olympic” children born in the marriages of women from the League of German Girls and outstanding “Aryan” men1. 1 See: Steinbach V. Reverse of the Medal. History of the Olympic Games in Scandals, Provocations, Referees’ Mistakes and Funny Incidents. Moscow, 2008. P. 102 and 111.

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In the 1970–1980s most countries did not want to admit to the Olympic Games and other international competitions representatives of the SAR where the policy of apartheid was pursued at that time. All the world fought against apartheid and racism in sport. Finally, this struggle was crowned with success. The International Convention against Apartheid in Sports was adopted in New York in 1986; it condemned this phenomenon in all of its forms. However, in recent years we have observed a burst of racial and nationalistic activity as well as religious intolerance at sports competitions and games virtually all over the world. In connection with this, Professor S. V. Alekseyev writes: “Sport, this multifaced social substrate, faced a range of urgent “black” social problems, among which the issue of sports discrimination definitely stands out, ultimately undermining the very essence of sports movement”1. Manifestations of extremism among Russian supporters Unfortunately, the Russian Federation is not an exception. Many professional African-American football players working in Russia noted cases when fans who saw them on the playing field and wanted to humiliate them in public throw bananas at them, acted as monkeys, called them black macacos, etc. Moreover, they sometimes noted manifestations of chauvinism on the part of the colleagues, sportsmen2. There have been cases of fans’ mass brawls due to ethnic hostility. One of such brawls in December 2010 resulted in large-scale mass disorders of fans with participation of extremist organizations at Manezhnaya Square of Moscow3. Psychologists point out that Russian extremist fans are ready to sacrifice themselves in the name of their sports idols, show uncontrolled physical aggression, cry vicious racist and nationalist slogans, ascribe their negative traits to fans and athletes of other nationalities and religions4. In our opinion, the modern extremist fan is not just a young man living secludedly in his subculture of nationalist or racist fanaticism. He is primarily a so-called horizontal personality who can find and unite followers of his extremist ideas at the virtual level, use social networks and Skype to organize and plan anti-social activities of his associates against unwanted “alien” op1

Alekseyev S. V. International Sports Law // Zakon I Pravo. Moscow, 2008. P. 741. See: PeskovA. N. Racism, national and religious extremism at the Olympic Games and other sports events. History and reality (criminological analysis, prevention and suppression of extremism in sports) // Sport: Economy, Law, Management. 2012. No. 3. 3 See: Law enforcement agencies of Moscow don’t seek instigators of Manezhnaya Square riots [Online resource] URL: Newsru.com. (date of access: 14.12.2010). 4 See: YurasovaE. N. Psychological features of persons inclined to extremism, terrorism and xenophobia // Legal Psychology. 2008. No. 4. 2

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ponents representing other cultures, religions and beliefs. He is ready to use the Internet and modern printing means to promote his racist and nationalist views. Countermeasures against extremism in sport provided by the legislation of the Russian Federation What legal measures can be taken against extremism in sport? The current legislation provides a considerable arsenal of norms for effective fight against extremism in sport. In particular, according to art. 20.3 of the Administrative Offense Code of the Russian Federation, law enforcement bodies may stop attempts of distribution of Nazi attributes or symbols of extremist organizations. It is also necessary to bear in mind that according to art. 7 and 10 of the Federal Law “On Countermeasures to Extremist Activities”, the chief prosecutors may issue written warnings to the leaders of fan groups, suspend their activity if they see signs of extremism in it, petition the court to decide on their liquidation (if the fan club is a legal entity) or on their prohibition1. Subject to art. 282.1 and 282.2 of the Criminal Code of the Russian Federation, the Law allows criminal prosecution of fan group leaders proven guilty of creation and organization of such communities. At the same time, it is necessary to bear in mind that the current legislation precisely defines the notion of extremist society and extremist crimes. Thus, according to art. 282.1 of the Criminal Code of the Russian Federation, the extremist society is an “organized group of persons for preparation or commission of extremist offences.” In their turn, extremist offences mean offences committed on the grounds of political, ideological, racial, national or religious hatred or enmity towards any social group2.” Pursuant to the Explanation of the Plenum of the Supreme Court of the Russian Federation, an organized group, for instance, a fan group, can be pronounced an extremist community without a preliminary judicial decision on its prohibition or liquidation. Criminal responsibility for the creation of such community starts from the moment of its actual formation, that is, for instance, when several fans united to prepare and commit extremist offences during the period of organization and holding of a sports event. In particular, when this group decided to prepare banners with the relevant images for the purpose of inciting hatred or enmity, humiliate the dignity of athletes, coaches, other fans on the grounds of 1 See^ Federal Law, dated July 25, 2002, No. 114-FZ (as of April 29, 2008) “On Countermeasures to Extremist Activities.” 2 Penal Code of the Russian Federation dated July 13, 1996, No. 63-FZ (as of December 7, 2011).

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gender, race, nationality, language, origin, religious views, membership in any social group1. Rank-and-file members of fan groups can be arrested during sports competitions if they made public appeals for extremist activities (art. 280 of the Criminal Code of the Russian Federation); other actions aimed at the incitement of hatred or enmity, as well as on humiliation of the dignity of a person or a group of people on the grounds of gender, race, nationality, language, origin, religious views or membership in any social group (art. 282 of the Criminal Code of the Russian Federation). It is necessary to take into account that not only oral appeals, but also written ones, including in the form of SMS, are considered public appeals according to the Law. In this case, the offence is considered committed from the moment of proclamation (distribution) of at least one appeal, for instance, fans’ chanting of at least one racist or nationalist statement, regardless of whether they managed to induce other spectators and participants of sports competitions to extremist activities or not2. According to experts, differences between the public appeal for extremist activities and incitement of hatred or enmity to any social group are often connected with the degree and intensity of the extremism expressed. For instance, if fans act like monkeys in order to humiliate the dignity of blackskinned players, their actions can be qualified under art. 282 of the Criminal Code of the Russian Federation as incitement of hatred or enmity; if they chant appeals “kill all blacks”, then their actions seem to fall under art. 280 of the Criminal Code of the Russian Federation “Public Appeals for Extremist Activities.” However, we are strongly convinced that extremist actions should not include fair spectators’ criticism against the organizers of sports competitions, administration of sports facilities, unfair refereeing, poor performance of athletes, etc. When implementing the specified criminal standards, it is necessary to be guided by the Constitution of the Russian Federation in so far as it relates to the ensuring of the freedom of speech, expression of one’s opinion and free distribution of information. 6. Responsibility of spectators for violation of the Rules of Spectators’ Conduct and Public Order during official sports events According to art. 20.31 of the Russian Federation Code on Administrative Responsibility, violation of the Rules of Spectators’ Conduct during official sports competitions shall be punishable by the administrative fine of 3000–10,000 rubles or compulsory labor for up to 160 hours with or without 1 See^ Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2011, No. 11 “On Judicial Practice in Criminal Cases on Extremist Offences”. 2 Ibid.

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imposition of administrative ban to attend the venues of official sports competitions for no less than 6 months and no longer than 3 years. Repeat violation of these Rules or commission of an offence resulting in suspension or termination of the official sports event can be punishable by the administrative fine of 10,000–15,000 rubles or administrative arrest imposition of administrative ban to attend the venues of official sports competitions during their holding for no less than 6 months and up to 7 years. Some experts point out that the specified article has a blanket character, does not contain description of the objective aspect of concrete offences and refers only to the Rules of Spectators’ Conduct which contain a large number of prohibitory injunctions. This circumstance complicates the use of this standard by policemen and judges, which requires additional interpretation and explanation by the highest judicial agency of the country1. It is also necessary to bear in mind that a repeat offence means repeat commission of a similar offence before the expiry of one year after the entry into force of the court order on administrative penalty infliction for the first analogous offence. The administrative ban to attend the venues of official sports competitions is a new type of administrative penalty (introduced by the Federal Law dated July 23, 2013, No. 192-FZ) and consists in a temporary ban imposed on a citizen to visit such venues on the days of official sports competitions. Pursuant to the Order of the Ministry of Sport of Russia dated April 22, 2014, No. 256 “On Approving the Procedure for Providing Organizers of Official Sports Competitions with a List of Persons Prohibited from Attending the Venues of Official Sports Competitions on the Days of Their Holding”, the Ministry of Internal Affairs shall submit such lists on a weekly basis to the Department of Summer Sports Development and Football World Championship Preparation Coordination of the Ministry of Sport of the Russian Federation. In its turn, the specified department shall send these lists to the organizers of official sports competitions on the basis of their statements. According to art. 20.31 of the Administrative Offences Code of the Russian Federation, the functionaries of internal affairs bodies are authorized to draw up reports, and the judges shall review cases on such administrative offences. In order to terminate such administrative offences and establish the offender’s identity as well as if it impossible to draw up a report on site, the police officers may deliver offenders to service premises of internal affairs bodies, search them, test them for alcoholic intoxication and carry out other actions provided for by the current administrative legislation. 1 Peskov A. Comments and suggestions regarding the draft law of the member of the Federation Council V. A. Ozerov “On Amendments to Article 20 of the Federal Law “On Physical Culture and Sport in the Russian Federation” // Sport: Economy, Law, Management. 2015 No. 1.

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When rendering decisions on such cases, courts may regard the commission of the offences in the state of intoxication and by group as aggravating circumstances. As a general rule, only persons older than 16 years can be held administratively liable for such offences. 7. Criminal responsibility It is also necessary to bear in mind that in case of mass disturbances during official sports competitions spectators can be held criminally liable for the organization of mass disturbances or appeals for mass disturbances (art. 212 of the Criminal Code of the Russian Federation), hooliganism (art. 213 of the Criminal Code of the Russian Federation). For instance, fans participating in mass disturbances with violence, bashings, arsons, property destruction, use of explosive, toxic or other substances and dangerous items can be deprived of liberty for 3–8 years. The members of the organized group who showed resistance to public authorities or another person who was responsible for public order maintenance or was terminating the disturbance of public peace (for instance, to a steward) can be deprived of liberty for up to 7 years. At the same time, it is necessary to bear in mind that the use of criminal law sanctions, especially against young people, is not a goal in itself. Their main function is prevention of the existing offences at sports arenas in future. The main thing is to ensure the principle of unavoidability of punishment so that every young supporter would understand that their anti-social actions, even in a crowd, will not be left unnoticed by law enforcement bodies and they will always be held liable for the committed law violations. 8. Responsibility of sports event organizers, owners (users) of sports facilities for violation of Safety Rules As noted above, pursuant to the Federal Law on Physical Culture and Sport in the Russian Federation, the organizers of official sports competitions and owners (users) of sports facilities shall be liable for violation of safety regulations during such competitions. Pursuant to the Federal Law dated July 23, 2013, No. 192-FZ “On Amendments to Separate Legislative Acts of the Russian Federation in Connection with Maintenance of Public Order and Safety during Official Sports Competitions”, art. 20.32 of the Code of Administrative Offences of the Russian Federation “Violation of Safety Rules during Official Sports Competitions” shall be applied in a year and a half after the approval by the federal executive authority authorized by the Government of the Russian Federation of requirements for technological infrastructure of stadiums for the maintenance of public order and safety. According to clause 5 of the Safety Rules during Official Sports Competitions, such body is the Ministry of Internal Affairs of the Russian Federation.

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That is why it will be possible to officially punish the sports competition organizer or owner (user) of the sports facility for violation of the Safety Rules only in a year and a half after the approval of these requirements by the Ministry of Internal Affairs of the Russian Federation Meanwhile, art. 20.32 contains serious sanctions against persons violating the specified Rules or using the sports facility the data on which have not been introduced in the All-Russia Register of Sports Facilities for holding official physical training activities and sports events. Officials carrying out such activities can be punished with a fine of 50,000– 100,000 rubles; the activity of non-corporate entities and legal entities can be suspended for up to 90 days, and a fine of 50,000–100,000 rubles and 100,000–300,000 rubles can be imposed on them respectively. If the actions of the organizer of the sports event, owner (user) of the sports facility caused human injury or damage to property, then a fine of 100,000—200,000 rubles can be imposed on officials and non-corporate entities, and a fine of 300,000—500,000 rubles — on legal entities. In addition, the activity of the legal entity and non-corporate entity in such case can also be suspended for up to 90 days.

TABLE OF CONTENT Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Chapter 1. Sport as an area of legal regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 § 1. Legal definition of sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. The need for the exact legal definition of “sport” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. Definitions of “sport” in laws of Russia and foreign countries . . . . . . . . . . . . . . . . . . 5 3. Scientifically developed definitions of “sport”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4. Definition of professional sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 § 2. Autonomy of sport and its limits. Self-governance and autonomous regulatory order in the field of sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1. General definition and meaning of autonomy of sport . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Features, elements, and the definition of the autonomy of sport. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3. Regulatory autonomy of sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4. Examples of state legitimation of regulatory force of self-regulation statutes in sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5. Definition of autonomous extralegal regulatory order in the field of sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. Legal guarantees of autonomy of sport in the Russian Federation legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 § 3. Features of administrative and legal support and implementation of state and municipal administration in the field of sport . . . . . . . . . . . . . . . . . . . . . . . 21 1. General definition of public (state, municipal) administration. . . . . . . . . . . . . . . . . 21 2. Definition and features of public administration in the field of sport . . . . . . . . . . . . 23 3. Features of subject-object area in the public administration of sport . . . . . . . . . . . . 27 4. System of administrative and legal support for public administration in the Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5. State administration in the field of sport in foreign countries . . . . . . . . . . . . . . . . . . 32 § 4. Labor governance in the field of physical culture and sport . . . . . . . . . . . . . . . . . . . . . . . 34 Chapter 2. Governance of the elements of sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 § 1. Sports. Sport disciplines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 § 2. Governance of professional sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 § 3. Governance of mass sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 § 4. Governance of youth and student sport. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 § 5. Governance of adaptive physical culture and sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 § 6. Governance of military- and service-oriented sports . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

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Chapter 3. Actors of sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 § 1. Legal status of sport federations. Types of sport federations (associations), their objectives. Development and management of a sport as the basic activity of sport federations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 § 2. Legal Status of Sport Clubs. Legal Status of Sport Leagues . . . . . . . . . . . . . . . . . . . . . 91 1. Legal Status of Sport Clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 2. Legal Status of Sport Leagues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 § 3. Legal Status of Athletes and Coaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 § 4. Legal Status of Sport Physicians . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 § 5. Legal status of Russian national sport teams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 § 6. Legal status of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 § 7. Organizations for sport training. Educational organizations in the field of physical culture and sports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 1. Sport training stages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 2. Federal sport training standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 § 8. Agents in sport. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 1. Notion and description of a sports agent. Details of agency regulation in sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 2. Agency certification (licensing, certification, accreditation, registration) in the context of different kinds of sports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 § 9. Legal status of foreign athletes and coaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Chapter 4. Governing of sport events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 § 1. On some issues of legal governance of arranging sport events . . . . . . . . . . . . . . . . . . . 161 § 2. Definition and features of sport industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 1. Definition and structure of sport industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 2. Historical Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 3. Merging of sport and entertainment industry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 4. Some specific kinds of activities within the sport industry . . . . . . . . . . . . . . . . . . . 169 5. Notion of business cycle in sport industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 6. Spectator sport product . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 7. Specifics of Legal Regulation of Sport Industry in Russia . . . . . . . . . . . . . . . . . . . . 174 § 3. Sport transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 § 4. Governance of anti-doping activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Chapter 5. Offences and responsibilities in the field of sport. . . . . . . . . . . . . . . . . . . . . . . . . . 189 § 1. Safety of sport events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 1. Criminal fanaticism and international practice of fight against it . . . . . . . . . . . . . . 189 2. Security ensuring at the Olympic Games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 3. Sport and terrorist threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 4. General security ensuring measures taken by organizers of official sporting competitions and owners (users) of sports facilities . . . . . . . . . 201 5. Rules of spectators’ conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 § 2. Criminal and administrative responsibility for the offences in the field of sport . . . . . . 208 1. Match-fixing incidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 2. Illegal betting and organized crime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 3. International practice of fight against match-fixing. . . . . . . . . . . . . . . . . . . . . . . . . 209 4. Legislation of Russia regulating fight against match-fixing . . . . . . . . . . . . . . . . . . . 210

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5. Legal measures in combating extremism, racism, national and religious intolerance in sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 6. Responsibility of spectators for violation of the Rules of Spectators’ Conduct and Public Order during official sports events . . . . . . . . . . . . . . . . . . . . . 216 7. Criminal responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 8. Responsibility of sports event organizers, owners (users) of sports facilities for violation of Safety Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218