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The Nature and Specific Aspects of the Transfer Regulation in Football

Student: Khabarova-koshel Valeriya

Supervisor: Sergey Alekseev

Faculty: Faculty of Law

Educational Programme: Lawyer in the Field of Sport (Master)

Year of Graduation: 2020

In master 's thesis the author tries to give reasonable answers to two questions: what is the essence of the modern transfer system in professional football, of which the Russian Federation is a part, and are its rules legitimate and justified? In this regard, the purpose of this work is to study the legal nature of the transfer system in football, to identify the regulatory aspects, to identify key problems and to make recommendations for their resolution. Main tasks: 1) Analyze the genesis of the transfer system in football and the development of its regulation; 2) Demonstrate approaches to the interpretation of the word "transfer"; 3) Describe the legal nature of the transfer system; 4) Identify the main elements of the transfer system in football; 5) Identify features of transfer regulation in football; 6) Review the jurisprudence of the Sports Arbitration Court and jurisdictional bodies in cases of transfers in football. The study is based on a combination of general scientific and specific scientific methods: abstraction, analysis, synthesis, induction and deduction, and description. Special methods are also used: different ways of interpreting legal norms, as well as the method of historical analysis. The starting point of the study was an appeal to the works of representatives of Russian sports law: S.V. Alekseeva, O.A. Shevchenko, Y.V. Zaytseva, D.I. Rogacheva, etc. Analysis of foreign experience of formation and regulation of transfer system in football is based on study of works of Western European authors: J. Simkin, B. Dabscheck, A. Duval, B.V. Rompuy, etc. As a result of the study, two key conclusions were made: firstly, the transfer system in football produces three types of social relations, each of which has regulatory features, from which the specific legal nature of the transfer is formed; secondly, the modern transfer system in football is legitimate and justified.

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