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Transfers in Sports: Legal Regulation and Foreign Experience

Student: Korobko Tatyana

Supervisor: Alexandr Chebotarev

Faculty: Faculty of Law

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

Year of Graduation: 2021

The study aims to review and analyze the transfer system using examples of team sports, "legal regulation" and develop a recommendation for Russia. Tasks: 1) study of the concept of transfers and the history of their occurrence. 2) analysis of the legal regulation of the rules of transitions (transfers). 3) analysis of the existing practice of transfers of athletes. 4) study of the legal aspects of the transition of athletes from club to club in the Russian Federation and abroad. 5) analysis of the changes that have occurred in the transfer system during a pandemic. 6) consideration of options for the development of this area. Results of the research: the analysis of the transfer system, the existing practice of the transitions of athletes was carried out, the legal aspects of transfers were studied and the ways of improving the existing system from a legal point of view were proposed. For the purposes of this study, the suggested recommendations are: - the concept of "transfer" used in sports is imperfect since there are discrepancies in establishing the essence of the athlete's transition. This state of affairs can cause dissonance in perception and problems in law enforcement practice, in connection with which there is a need to introduce a unified legal terminology; - financial activity in terms of payment for transfers is not transparent enough, which creates a favourable environment for the corruption component. It is proposed to strengthen control of cash flows using automated systems in accordance with the legislation; - the system of compensation for training an athlete in the club is imperfect, both conceptually and in terms of law enforcement. To eliminate this problem, it is necessary to fix these payments in a commensurate amount for the volume of training conducted by the previous cubes; - in the transfer system, circumstances of force majeure occur that affect the conditions for the transfer of an athlete, however, the regulations do not contain an indication of this institution in transfer legal relations, which significantly complicates the solution of the issue of transfers in the event of unforeseen circumstances (for example, a pandemic). This gap can be eliminated by amending the regulations.

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