Concept of Sports Law in the Russian Legal Doctrine

被引:0
|
作者
Savichev, Aleksey A. [1 ]
机构
[1] Justice Minist Russian Federat, Ctr Legal Informat, Res Dept, 65 Mikhalkovskaya Str, Moscow 125438, Russia
来源
关键词
legal regulation of fitness and sports; sports law; branch of law; branch of legislation; sports law liability; sports legal consciousness; systematization of legislation; academic discipline;
D O I
10.17323/2072-8166.2019.1.176.194
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article analyzes the main approaches to the concept of sports law in the Russian legal science. As a result of generalizing different opinions on the interpretation of this term from the view of such theoretical and legal categories as legal system, system of law and system of legislation, it is pointed to several approaches to understanding the essence of sports law. That law is considered as an integral part of the legal system, branch of law, branch of law at the stage of its formation and branch of legislation. The question about possibility of recognition of the sports law as a branch of the law is considered as the most debatable. In addition, it is noted at lack of theoretical development of the approach to the consideration of sports law as a special component of the legal system. It is making an attempt to reveal more details of this issue. Several theoretical and legal phenomena as parts of the legal system are considered from the standpoint of sports law. Among them there are external and internal forms of expression of legal norms, the implementation of law, legal culture. The author focuses on the important component of sports and legal culture, i.e. sports consciousness, implying a certain legal mentality the field of physical culture and sports. A special attention is paid to prospects of sports law in Russia as a special cut of the legal system, as a branch of law, and as a branch of legislation. In particular, the paper touches upon the systematization of sports legislation, modernization of the regional block of legal acts about fitness and sports, improvement of sports and legal consciousness. The article points that the essence of sports law is revealed also from the standpoint of the academic and educational sphere. In this case, this concept refers to the relevant field of jurisprudence. Conclusions made about pronounced debatable nature of the issue about recognizing sports law as a branch of law, as well as the lack of theoretical development of the approach to the consideration of sports law as an integral part of the legal system. Besides, possible directions of evolution of the sports law in Russia are outlined.
引用
收藏
页码:176 / 194
页数:19
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