Transfer System in Modern Russian Sport. The Transfer Contract and Its Features

This dissertation research raises the problem of the legal regulation of transfer relations in Russian sports and, in particular, the transfer contract. The work is based on the analysis of the peculiarities of transfer relations, both in Russian and foreign sports, the study of the normative basis of the essence, significance and features of the transfer contract. The author considers such question as the separation of the concepts of transfer in sports and the "rent" of the player. The topicality and practical aspect of the problem in the headline of the work are related to the fact that transfer relations in sport, like any social and legal phenomenon, represent a constantly developing and improving sphere of law, and more specifically, sports law. The methodological basis of the study is a combination of comparative analysis, which makes it possible to show some features of differences and similarities in the points of view of different scientists on the problem under consideration, and a formal legal method that includes analysis of the rules of law and the establishment of links between phenomena. As a result of this research of the specified problems the author of dissertation has come to the certain conclusions. Firstly, it was shown the actual absence of state regulation of the transfer system in the sport of Russia - all transfers are controlled by the regulations of the sports federations; secondly, among the professional lawyers there is no generally accepted point of view on the legal nature of the transfer contract, which creates a certain confusion in understanding the essence of this phenomenon, and, therefore, causes difficulties in developing a common legal concept. Thirdly, it was concluded that to solve the problem of the legal settlement of the transfer contract in Russian sports at the legislative level, it is necessary to adopt a special law and recognize the Law of Sport as an independent industry with its own specific characteristics.