|
|
ОглавлениеChapter 1. Sport as an area of legal regulation Chapter 2. Governance of the elements of sport Chapter 4. Governing of sport events Chapter 5. Offences and responsibilities in the field of sport Для бесплатного чтения доступна только часть главы! Для чтения полной версии необходимо приобрести книгуChapter 2. Governance of the elements of sport§ 1. Sports. Sport disciplinesTo 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 abilities. 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 elements. Sport is also regarded as a playing activity aimed at discovering of human motor abilities in a competition; or as a specialized physical education, aimed at mastering of individual motor activities. 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 activities. 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. 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 people. 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 groups 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 sport. 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 (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”. 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”. 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 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.). 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; 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 discipline, 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. |
||||||||||||||||||||||
