Sports Dispute Resolution

The purpose of this study is to form a holistic view of the resolution of sports disputes by both Russian and international bodies. To achieve this goal, it was necessary to solve the following tasks: to explore the history, process and peculiarities of the formation and functioning of bodies for the resolution of sports disputes; to analyze the regulations governing sports disputes before the Court of Arbitration for Sport (CAS), the Swiss Federal Court, state courts, the national arbitration body and the basketball dispute resolution body; to explore the legislation of the Russian Federation and Switzerland regarding the consideration of sports disputes, to identify the peculiarities; to review the jurisprudence of the CAS, the Swiss Federal Court, the Russian state courts, and the Basketball Arbitration Tribunal; to explore the peculiarities of the application of the ex aequo et bono principle in the consideration of sports disputes; to define recommendations for improving legislation and law enforcement practice in the field of resolving sports disputes. The methodological basis of the work is formed by general and special research methods. Such methods as synthesis, system analysis, special-legal and comparative-legal were used to solve the assigned tasks. The first chapter of the final qualification work deals with the general provisions of the CAS, the history of its creation, its structure, its powers, as well as the issue of appealing the decisions of this body to the Swiss Federal Court. The second chapter is devoted to the consideration of sports disputes in the Russian Federation, in particular, in state courts and arbitration bodies, the features of their formation and functioning, as well as the identification of problems and the formulation of practical recommendations. The third chapter explores the features of dispute resolution in the Basketball Arbitration Tribunal (BAT), the application of the ex aequo et bono principle in resolving such disputes, as well as the features of appealing the decisions of the tribunal in the Court of Arbitration for Sport (CAS). In conclusion, the results of the study, conclusions and practical recommendations are summarized. The analyzed material reflects the novelty of the study, in particular, in view of the recent amendments to the legislative acts of the Russian Federation in terms of the possibility of consideration of sports disputes by arbitration bodies, as well as the possibility of consideration individual labor disputes by these bodies. It is proposed to amend the All-Russian Anti-Doping Rules. In addition, the activities of the Basketball Arbitration Tribunal were analyzed, the features of the consideration of disputes through the use of ex aequo et bono were revealed - this study was not conducted by Russian authors specializing in the sports field.