Private vs. Public Principles in the Regulation of Physical Culture and Sports Relations
Published: 8 October 2021
Bulletin of Kemerovo State University. Series: Humanities and Social Sciences , Volume 2021; https://doi.org/10.21603/2542-1840-2021-5-3-251-258
Abstract: The research objective was to find the optimal ratio of private and public principles in the regulation of physical culture and sports relations. The authors used the method of induction to analyze the general approaches to the essence of private and public principles in the modern theory of law. At the present stage, their optimal balance is necessary. The systemic-structural method made it possible to present private and public aspects through their specific manifestations, i.e. institutions of responsibility, control, and partnership. The methods of critical analysis were used to question some of the official positions regarding the institution of public and private partnership and the strengthening of criminal liability. The comparative legal method demonstrated the similarities between the ongoing processes in the sports law abroad and in Russia. The public principles in the regulation of sports relations need to be expanded by expanding the scope of social functions of the state. Some specific cases provided a positive assessment of the increase in the private law mechanisms in terms of the relative autonomy of various sports and the development of the institution of public and private partnership. An appropriate legislative framework would guarantee the rights and legitimate interests of private investors and help the state to achieve socially significant goals. The research results can expand the scientific understanding of sports law and serve as material for lawmaking. Thus, the balance of private and public principles in the regulation of physical culture and sports relations is in the shift of the role of the state from control towards the expansion of obligations to implement its social function. However, the expanding scope of private methods, which is natural for this stage, requires restrictions.
Keywords: optimal / private and public principles / regulation / sports law / social functions
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