|
|
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 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 federationsInternational 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 level. 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. The main objective of an international sport federation (association) 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”). 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; • 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, FIFA, 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. 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 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”, are governed by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law, dated January 12, 1996, No. 7-FZ, “On Non-Profit Organizations” (hereinafter — the Federal Law “On Non-Profit Organizations”), the Federal Law, dated May 19, 1995 No. 82-FZ “On Public Alliances” (hereinafter — the Federal Law “On Public Alliances”). According to the Law “On Sport”, sport federations are the actors of physical culture and sport. 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). 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. 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” 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”. 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 Organizations” and by laws on specific types of public alliances (Article 8 of the Federal Law “On Public Alliances”). 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 Statute. 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 Sports 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 organization, receive information on the organization, 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 Article 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; 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 laws. 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 (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”. 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) 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; 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 Federation. 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; 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 manner prescribed by the federal executive authority in the field of physical culture and sport, to provide proposals to include 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 prescribed, 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 manner 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; 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 manner 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 it; 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 manner 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 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 Federation. 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 subordinate 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; 4) to apply, within their competence and in accordance with clause 3 part 4 Article 26.2 of the Law “On Sport”, 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”. 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 federations. 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 authority. |
||||||||||||||||||||||
