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ОглавлениеInternational and comparative labour law in professional sports Для бесплатного чтения доступна только часть главы! Для чтения полной версии необходимо приобрести книгуPROSPECTS AND MECHANISMS OF DEVELOPMENT OF THE INTERNATIONAL LEGAL REGULATION OF THE SPORTS AND LABOUR RELATIONSHIPS IN PROFESSIONAL SPORTSThe labour of professional athletes is a global occurrence embracing both rich and poor countries in all regions of the world. not only is it remarkable for the high level of self-regulation as it depends on the rules and regulations applied by both intergovernmental international organizations and the sports federations, but is also characterized by the high level of labour migration both within the national borders and beyond. Sport is an integral part of our lives. The professional sport is an important source of occupation with a powerful potential for the creation of new workplaces and the expansion of the business opportunities, which is evidenced by the growth of the number of professional clubs, the emergence of the new kinds of sports, organization and holding of international competitions and the Olympic Games. The transfers of the athletes and coaches engage large amounts of money transferred between the states and often not controlled by them. Regardless of the significant contribution of the professional athletes in the national economies and communities, their labour remains the least regulated and unprotected. Ensuring the decent work for the professional athletes requires the establishment of the regulatory legislative basis beyond the traditional labour relations and the account of the special part of the routine regulation of the sports federations. In their resolutions No. A/RES/49/29 dated 19.12.1994, No. A/ RES/58/5 dated 03.11.20 0 3, No. A/RES/59/10 dated 27.10.20 04, No. A/RES/60/1 dated 16.09.2005 (clause 145), No.A/RES/60/9 dated 03.11.2005, No.A/RES/61/10 dated 03.11.2006, No.A/RES/62/271 dated 23.07.2008, No.A/RES/63/135 dated 11.12.2008, No.A/RES/65/4 dated 18.10.20 1 0, No.A/RES/67/17 dated 28.11.2012, No.A/RES/67/296 dated 23.08.2013, the UN General Assembly repeatedly emphasized that the sports' potential can and should be used for the development and ensuring the peace, the evolution of the human potential, strengthening of the solidarity and cooperation on the local, national and international levels, the fulfillment of the priority tasks in the sphere of the national peace-building and state building. And the Resolutions No. A/RES/48/10 dated 01.11.1993, No. A/RES/64/4 dated 19.10.2009 and No. A/RES/66/5 dated 17.10.2011 emphasized the role and significance of the sports for the building of a happier life on the planet and the promotion of the goals and principles of the UN Statute. But here it is important to account for the fact that the international documents do not create rights directly for an individual and puts respective obligations to ensure the compliance with the stipulated rights upon the state. So a professional sportsperson cannot directly use these rights unless the state, as an independent subject of the international law, expresses its consent by undertaking a respective international obligation. So from the legal point of view we can talk about the international legislative, including the international sports legislative, status of an individual quite conventionally. Obviously, the direct parallel between the regulatory standards of the sports federations and the national legislation is not correct from the point of view of the different legal nature of the acts, however it is quite acceptable from the perspective of the measures of the professional athletes rights protection. Thus, the balance of the principles of autonomy of the sports and the principle of the athletes rights protection constitutes the basis of the progressive development of the legislative regulation in sports. The analysis of the international acts and practice applied in a number of countries shows that the legislative regulation of labour of the professional sports subjects is executed according to the following legal procedure: ♦ Consolidation of a complex of norms in the form of a separate chapter (section) directly in the Labour Code or in the basic Labour Law (Russian Federation, Texas, California, Kansas, Utah, Mexico, Chile; Venezuela etc.); ♦ Consolidation of the standards in the common law on sports (Latvia etc.); ♦ Consolidation of the standards in the special law on the sports labour relationships and the agreement with the professional athletes (Greece, Poland, Croatia, Ecuador, Peru, Argentina, Spain, Italy etc.); ♦ Consolidation of the norms on the status of the professional ATHLETES in the sports legislation with the references to the profile labour legislation (France, Belarus, China,); Внимание! Авторские права на книгу "Международное и сравнительное трудовое право в сфере профессионального спорта. Монография" (Шевченко О.А.) охраняются законодательством! |
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