Specifics of Sports Labor Disputes Solving

The relevance of the study is due to the fact that despite the introduction into the Labor Code of the Russian Federation of an entire chapter devoted to the peculiarities of the labor activity of athletes and coaches, which is still being amended and supplemented, the normative regulation of the activity of professional athletes still requires a detailed study and an integrated approach. Numerous issues in the field of work of athletes and other subjects of various sports are regulated by local regulations, charters, regulations, provisions of various sports federations and organizations. The lack of uniform rules, unsystematic legislation in relation to the labor activity of professional athletes quite often become the reasons for the emergence of labor disputes in the field of sports. The purpose of the study is to conduct a functional analysis of the provisions of Russian and foreign legislation, as well as the prescriptions of regulatory documents of (international) sports organizations in order to identify legal norms and structures that ensure effective resolution of labor disputes in the field of sports. The structure of the work includes an introduction, three interrelated chapters, a conclusion and a list of references. The first chapter examines the history and essence of labor disputes in the field of sports: the historical prerequisites for the formation of sports as an object of labor law regulation are studied, the concept and signs of a labor dispute are revealed, and the grounds for the emergence of labor disputes in the field of sports are highlighted. In the second chapter, a comparative legal study of Russian and foreign experience in considering labor disputes in the field of sports is carried out and the possibilities of using in Russia effective foreign experience in regulating labor disputes in the field of sports are identified. The third chapter analyzes the ways of resolving certain categories of labor disputes in the field of sports. Based on the results of the study, the following results were obtained: the definition of the concept of «labor dispute» and «labor dispute in the field of sports» was clarified. The signs and grounds for the emergence of labor disputes in the field of sports are highlighted. Important generalizations are made based on the results of the study of foreign experience in regulating labor disputes in the field of sports: all models of legal regimes of labor relations of athletes are classified in accordance with the degree of state intrusion into their regulation and in accordance with the subjects of these relations. The important features of the consideration of labor disputes in Russia are highlighted: the procedure is free of charge for employees; availability and convenience of the procedure; rapidity; inadmissibility of prosecution of an employee for a complaint filed; the need to ensure the real execution of the decision made on the dispute, and to restore the violated labor rights. The essential features of the methods of resolving certain categories of labor disputes in the field of sports have been revealed. Labor disputes in the field of sports are characterized by special specifics associated with both the sports activity itself and the law that regulates it. The specificity of this kind of disputes also determines the specific forms of their resolution, among which sports arbitration stands out. At present, the domestic legislator is following the path of introducing alternative forms of resolving labor disputes in the field of sports, which are widespread abroad. As a result of the study, it was substantiated that the main attention should be paid to pre-trial methods of resolving labor disputes in the sports sphere, first of all, mediation. In this regard, it is required to include the appropriate wording as in Art. 382 of the Labor Code of the Russian Federation, and in the norms of Ch. 54.1 of the Labor Code of the Russian Federation.