In general, sports disputes are unresolved differences in the content of physical culture and sports, which arise in relation to the rights and obligations in the field of sports relations, submitted to the bodies for resolving sports disputes. Not all disputes that arise in the field of sports can be considered sports, there is a rather fine line, which will be covered in this article.
Athletes, coaches together with the technical staff of the coaching staff, sports schools, physical culture and sports associations can be the subjects of sports disputes. And to resolve sports disputes, in addition to laws and regulations, regulations of sports federations, clubs and other sports associations can also be applied.
Arbitrators (judges) who resolve such disputes must have special knowledge of one or more similar sports (ie a rather narrow specialization). Disputes, especially those arising from sports competitions, should be resolved within a fairly short time, from 45 to 60 days, with the exception of disputes before the Court of Arbitration for Sport in Lausanne (CAS), which will be discussed below.
All sports disputes are divided into competitive and non-competitive.
The first ones arise as a result of sports competitions and are related to the preparation, holding of a specific competition and summarizing their results, and should be considered by the competent authorities as soon as possible. Disputes can be considered at the application stage (related to the right to participate in competitions, rejection of the application, etc.). According to the speaker, such disputes are usually very common in practice, including in professional football, because there are certain license conditions and the football club to participate in seasonal competitions must prove its compliance with such conditions (competitions) related to the use of equipment, in violation of anti-doping rules, etc.), and at the stage of summarizing the results (related to violations in the calculation of points).
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PECULIARITIES OF CONSIDERATION OF SPORTS DISPUTES BY BODIES OF NATIONAL ASSOCIATIONS
Every sports association, regardless of the sport, has its own system of bodies that resolve sports disputes.If we talk, for example, about professional football in Ukraine, currently the system of bodies created to resolve disputes in this sport consists of standing committees of the Ukrainian Football Association (including the Committee for Certification of Football Clubs), UAF Control and Disciplinary Committee, UAF Appeals Committee and UAF Dispute Resolution Chamber.
The UAF Committee for the Attestation of Football Clubs conducts an annual attestation of football clubs, which can be considered a decision-making body of the first instance, which has the exclusive competence to decide on the issuance of a license or refusal to issue a license. The committee also has the right to revoke licenses during the competition in the event that the football club ceases to meet the license conditions. The decision of the committee may be appealed within ten days to the UAF Appeals Committee in writing. The Appeals Committee may consider new evidence that has not been previously submitted to the Attestation Committee, and its decision can no longer be appealed to other UAF bodies.
The UAF Control and Disciplinary Committee considers and decides cases as a body of first instance and directly supervises the decisions of other bodies and their implementation. Sometimes professional football clubs make decisions about bringing their players to justice, including fining them. The implementation of such decisions is carried out under the control of the SCF UAF, so that clubs do not violate the rights and interests of players, coaches, technical and medical staff and correctly apply the rules of local regulations and regulations of Ukraine in making their decisions.