Open Access BASE2019

Разрешение международных спортивных споров в международном и национальном законодательстве на примере допинговых санкций. ; Resolution of international sports disputes in international and national legislation on the example of doping sanctions. ; Tarptautinių sporto ginčų sprendimas tarptautiniuose ir nacionaliniuose teisės aktuose dopingo sankcijų pavyzdžiu

In: http://oai.elaba.lt/documents/38385703.pdf

Abstract

Competitions are held in the new era. His study requires consideration of all issues that may contradict each other and an interdisciplinary approach. This new era in sports regulation creates fertile ground for the creation and development of judicial practice, which can have a wide influence and application. However, significant changes in sports-related legislation are often not recognized. Taking into account their wide consequences, it is necessary that lawyers, lawyers and judges know and carefully take into account changes in sports law. To illustrate these provisions it is worth highlighting several important topics in the field of sports law, which we describe, analyze and explain why each of them deserves a scientific study: The process by which «lex sportiva», a developing body of international sports law, based mainly on private agreements and dispute resolution processes, is created by the Court of Arbitration for Sport and is recognized worldwide, has broad implications for resolving global disputes and establishing international legal norms; Specific sports legislation may foreshadow the development of more general national and international laws and / or broader public policy issues. The aim of the work is a comprehensive study of the theoretical and practical problems of resolving global sports disputes and the creation of an international system for resolving sports disputes, especially in the field of doping, as well as identifying the interaction of national legislation and international agreements in the field of anti-doping policy. Research methods. The study is based on such methodological principles as recognition of the unity of the abstract and concrete, logical and historical, separate and general, empirical and theoretical, as the fundamental basis of the dialectical approach to the knowledge of reality. According to the purpose and objectives of the study, general scientific and special methods of cognition of legal phenomena are used in the work: formally logical, analytical-synthetic, historical, system-structural, comparative legal (comparative), modeling method. The empirical basis of the study is the practice of professional activity of subjects of the sports field and materials of judicial practice. International anti-doping law is the most problematic institution of international sports law. To date, it has many different problems, some of them are easily solved, the other part, most likely, in the near future is unlikely to budge.

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