Legal aspects of sport: a study of the sambo

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Asian Sambo Federation

LEGAL ASPECTS OF SPORT: A STUDY OF THE SAMBO

Assan Zholdasbay

Tashkent

ABSTRACT

regulation legal sport sambo

Modern sport is a unique phenomenon that combines economic, social, cultural, political and other dimensions. Therefore, the regulation of relations arising in the field of sport, which are diverse in their content, is equally important. This study is stipulated by the need for a comprehensive understanding of the specifics of regulation of legal relations in the field of sport by studying the aspect of sambo within the framework of the theoretical and legal approach. This need is actualised by the increasing frequency of performances of Ukrainian athletes in the international arena. The importance and role of sport is gradually increasing, and the list of sport is also growing. In this regard, the need for high-quality regulation of relations and research into the prospects for the development and improvement of this area has become increasingly important. The purpose of the study is to analyse and consider legal aspects in the field of sport, with a focus on sambo, which will allow determining the legal framework and identifying areas for improving the regulation of sport in Ukraine. The main research methods are dialectical, abstract and logical, morphological analysis, analysis and synthesis, hermeneutic, systemic, and modelling methods. The study analyses international and national legislation in the field of sambo; examines the activities of certain international organisations in the field of sambo; and identifies problematic issues and ways to solve them in the regulation of sambo in Ukraine. Potential areas for future research include the analysis of the experience of other countries in the regulation sambo for the possible introduction of best practices; study of the interaction between public authorities and sport federations in the context of sambo; study of the effectiveness of anti-doping control measures in sambo and their impact on athlete health; and study of the effectiveness of measures to prevent and combat doping.

Keywords: sport, sport relations, sport law, legal relations, sambo, martial arts, sport legislation.

INTRODUCTION

Sport is one of the most important spheres of social life, one of the foundations for preserving and improving public health, and a means of increasing people's vitality, optimism and efficiency. The definition of the term «sport» is contained in the Law of Ukraine «On Physical Culture and Sport», which defines the legal, social, economic and organisational basis for the development of physical culture and sport in Ukraine, as well as the participation of state bodies, officials and enterprises, institutions and organisations in improving the health of citizens, achieving high performance and longevity through physical culture and sport.

The importance of sport for modern society, the breadth and range of problems of its regulation, the complexity of its structure, and the expansion of its functions have necessitated the formation of a new independent comprehensive branch of law, i.e., sport law. In Western European countries, since the 1990s, sport law has been recognised as an independent comprehensive branch of law, educational institutions have been training specialists in this area, and various sport courts have been established. In Ukraine, sport law is undeveloped and is at the intersection of various branches of law, such as administrative, civil, labour, etc.

Modern sport is a unique phenomenon that combines economic, social, cultural, political and other dimensions. Therefore, regulation of relations arising in the field of sport, which are diverse in their content, is equally important because some aspects of relations in sport are not covered by regulation. It happens that public officials in the field of sport make unreasonable decisions or court decisions are not enforced due to the fact that the sport sector is considered a non-priority area. Therefore, it is possible and desirable to change approaches to the regulation of public relations, enhance the priorities for the development of physical culture and sport in Ukraine, and adopt a Sport Code as a result of the codification of legal norms in this area. The development of social relations in sport is mainly caused by situations where regulation does not keep pace with certain sport events and does not always take into account their socio-political colouring. That is why it is important to improve legislation in this area and harmonise it with international law.

The study of the legal aspects of sambo is relevant for several reasons. Throughout the historical period of sambo development, Ukraine has always been among the leading countries in this sport. Ukrainian national teams in all age categories are consistently among the top three strongest countries in the world. Sambo is constantly evolving, so the requirements for its organisation and management are changing with it. The study of legal aspects also allows to adapt the regulatory framework to the needs of modern sport.

In addition, the COVID-19 pandemic and other crises pose new challenges to sport. Studying legal aspects allows to adapt rules and regulations to unforeseen circumstances. Moreover, understanding the legal aspects contributes to creating a positive and safe sporting environment for athletes, coaches and sport organisations. It should be noted that at the initial stage of the development of sport law, the shortcomings of regulation are explained by the problem of expanding the range of such legal relations, which does not keep pace with the international legislation. However, nowadays it is obvious that the existing shortcomings are related to gaps and conflicts in the regulation of legal relations in the field of sports, while the current sport legislation does not allow to fundamentally resolve this issue. Thus, there is a need for a thorough review of existing legal provisions and their systematisation to eliminate conflicts and gaps in the mechanism for regulating legal relations in the field of sport.

Given that the Ukrainian legal literature does not have a unified vision of the place of sport law as an element of the legal system, we consider it necessary to propose that sport law of Ukraine be considered an interdisciplinary institution of sport law, a significant part of which is contained in various branches of domestic law since it does not yet have a single subject and method of regulation.

The issue of regulation of public relations in sport is the subject of research by a large number of scholars. Kobzeva and Kulish (2020) analysed domestic and foreign legislation, studied the works of scientists and developed strategies for further development of the sphere of sport and physical culture. Dmytrenko (2021) studied sport law from the standpoint of justice. Sannikova (2019) studied the current problems of regulation and legislation on physical culture and sport in Ukraine. She studied the structure of the system of regulation of physical culture and sport; objective features of sport law as a new branch of the legal system of Ukraine; general trends that have a significant impact on the development of sport law and the most significant shortcomings of regulation of physical culture and sport in Ukraine. Omelchuk (2023) studied the issue of restriction of sport rights during the period of armed aggression. Kostruba (2021) investigated the issue of codification of sport legislation in Ukraine to systematise the legal framework aimed at eliminating gaps in the regulation of professional sport relations.

However, the regulation of legal relations in sambo has not yet been the subject of a comprehensive legal analysis. There is still an urgent need for a deep legal reconsideration of sport legal relations and the formation of a system of regulation which would allow for an increase in the efficiency of their functioning, taking into account national legal practice and international experience. Therefore, the purpose of this study is to analyse the legal aspects of sport, with a focus on sambo, which will allow to determine the legislative framework and identify areas for improving the regulation of sport in Ukraine.

MATERIALS AND METHODS

At the initial stage of the study, the research topic was formulated. The literature review included the analysis of scientific papers and the identification of research gaps. Data was collected and analysed, including a legal analysis of the regulation of sambo. The results were presented in conclusions and recommendations aimed at improving the regulation in this area.

The study of the legal aspects of sport requires a highly organised approach, which is determined by the complexity and significance of methodological approaches. It is based on philosophical and ideological principles and various general scientific methods of scientific knowledge. The main methods of studying this important area include dialectical, abstract and logical, morphological analysis, analysis and synthesis, hermeneutic, systemic, and modelling methods. Let us consider each of these methods in more detail, focusing on their contribution to the development of scientific knowledge in the field of legal aspects of sport.

The dialectical method is used in the analysis and harmonisation of legal relations in the field of sport, with the study of the sambo aspect, both at the national and international levels. This method allows for a deeper understanding of the development of the legal environment in sport and reveals the dynamics of changes in regulation. By analysing legal relations in sport through the prism of the dialectical method, the author reveals the growing problems of the regulation of sport. This approach makes it possible to identify internal contradictions arising between different parties to legal relations in sport.

The need to move to a new qualitative level of regulation through the codification of regulatory provisions has become particularly relevant. The dialectical approach opens up opportunities for considering contradictions between existing norms, identifying trends in the development of sport law and determining a strategy for improving the legal environment in the field of sport. This view allows for a systematic response to changes in the sport sector and adaptation of regulation to new challenges and realities.

The abstract and logical method is used for theoretical generalisation and formulation of conclusions regarding the regulation of legal relations in the field of sport. This method treats various aspects of regulation as abstract concepts, helping to summarise existing norms and highlight their impact on the development of sport. It is an important tool for developing a strategy and principles for improving the legal environment in the field of physical culture and sport. The morphological analysis as a method allows to clarify the conceptual and categorical apparatus of the study, focusing on the definition of such terms as «sport» and «sambo». This makes it possible to distinguish between different aspects of sport law and their role in the legal system. The hermeneutic method is used to analyse the content of legal acts regulating sport legal relations. This method allows to interpret the content of laws and regulations, determine their significance for the development of sport and human rights guarantees for participants.

The systemic approach applied to the legal aspects of sport distinguishes two key methods: systemic-structural and systemic-functional, both of which play an important role in conceptualising and systematising the legal and regulatory provisions related to sport and its functioning in the legal dimension. The systemic-structural method helps consider the legal system of sport as a complex structure covering various aspects, such as the rules of the game, disciplinary rules, ethical rules, administrative regulations and other normative documents. This permits to identify the internal links and interactions between the various elements of the legal system of sport, which is key to ensuring its integrity and effectiveness. The systemic-functional method determines the effectiveness of legal decisions in the field of sport and indicates ways to improve the regulation of sport, contributing to the development of a fair and efficient sport environment. This approach takes into account not only the structural aspects of the legal system but also its functional aspects, ensuring the harmonious development of sport in the legal dimension.

Last but not least, the modelling method facilitates the formulation of ways to improve sport legislation. This method is used to create concepts and strategies aimed at improving the legal environment in the field of sambo, ensuring better regulation and protection of the rights of athletes, clubs and other participants. The method of analysis in the context of the legal aspects of sport is used to coordinate and study legal relations at various levels. By studying laws and legal norms, it is possible to determine their impact on participants in sport relations, examine court decisions and legal practices aimed at resolving sport conflicts.

The synthesis method is used to develop comprehensive strategies in the field of sport law and sambo in particular. This may involve combining different aspects of regulation to develop comprehensive strategies or improve existing laws and regulations. Synthesis can also be manifested in the creation of new codes, standards and regulations on certain aspects of sport, which contributes to the systematisation and unification of regulation in this area.

These methods contribute to the study and improvement of legal aspects in the field of sport, ensuring effective protection of the rights of participants and order in sport relations. The overall integration of these methods into the study of legal aspects of sport stipulates an inexhaustible field of study and understanding of this issue. Such a comprehensive approach provides not only a deep understanding of the essence and specific features of sport law, but also identifies ways of further development and improvement of sport legislation. The result is the development of recommendations and strategies aimed at improving the efficiency of regulation of physical culture and sports, which, in turn, contributes to the sustainable development of this area in modern society.

RESULTS AND DISCUSSION

Our present day is accompanied by the existence and implementation of various projects and activities in the field of sport law, despite the lack of an appropriate legislative framework in the sport sector. Sport law is private-public since, on the one hand, the social relations that are its subject matter are based on civil law and labour contracts, and on the other hand, these are social relations in the field of sports taxation, sport management, etc.

Modern sport relations are mediated by the norms of both general international documents and special ones dedicated to the international sport movement. The process of emergence and recognition of new sport is incessant. New sport federations are being created. At each Olympic Games, new kinds of sport are added to the programme. Any international sport federation unites, organises and controls the activities of countless state federations and holds international competitions. International federations interact with government organisations. In recent years, athletes themselves have been actively involved in the development of the sport system, joining various commissions. For example, in Ukraine, borrowing from the experience of foreign countries, sport federations form commissions of athletes that discuss and recommend ways to solve problems that arise in sport.

The International Olympic Committee (IOC), established in 1894 at the Paris Congress for the Revival of the Olympic Games on the initiative of Baron Pierre de Coubertin, deserves special attention. The IOC is engaged in the overall coordination of the activities of sport organisations in Olympic sport and the implementation of a unified sports policy in all countries participating in the Olympic movement.

The main areas of its activity, in addition to general sport issues that lie in the legal plane, are as follows:

- Unification of legislation on the organisation and conduct of sport competitions at the Olympic Games (VI Congress, 1914);

- development of amateur sport, expansion of women's participation in the Olympic Games, establishment of relations between the IOC and national Olympic committees and international sport federations (VIII Congress, 1925);

- expanding international cooperation in the field of sport (XII Congress, 1981);

- solving social, political and economic problems.

Each international sport organisation has its own rules for conducting competitions, requirements for affiliated organisations, dispute resolution, etc. Sport conflicts can arise not only within one sport but also with the participation of sport entities. Thus, a large number of conflicts of law issues arise when determining the applicable law. Acts of sport organisations are advisory, but their specific feature is that in practice the requirements of internal documents of sport organisations are binding for its participants (Darnell, 2023). Therefore, conflicts arise due to the inconsistency of regulatory documents adopted by individual sport associations to regulate pressing issues in more detail with Ukrainian law. In some sports, this problem is regulated by the internal regulations of national federations and international rules, but in other sports, the problem is much more acute.

This is not to say that contradictions between the self-regulatory acts adopted by the respective sport associations and Ukrainian legislation are frequent, but they do occur. At the same time, in many cases, it is clear that self-regulatory norms should take precedence, as the sport sector has its special features. For example, the Statute of the Football Federation of Ukraine (FFU) obliges all participants to seek protection and restoration of their violated rights exclusively from the football justice authorities: The FFU Control and Disciplinary Committee, the FFU Appeals Committee, the FFU Dispute Resolution Chamber and the Court of Arbitration for Sport in Lausanne (Switzerland). In case of violation of this provision, the subjects of Ukrainian football law are excluded from the possibility of participating in football competitions, regardless of the subject matter of the dispute (civil, labour, commercial, administrative).

Special rules of international sport law are also contained in treaties that relate directly to international sport activities. So, the following bilateral agreements that regulate social relations in sport are the main ones:

- Agreement on Cooperation between the Ministry of Defence of Ukraine and the Federal Department of Defence, Public Protection and Sport of the Swiss Confederation;

- Agreement between the State Committee of Ukraine for Physical Culture and Sport and the State Office of Physical Culture and Tourism of the Republic of Poland on cooperation and exchanges in the field of physical culture and sport.

In addition, the range of multilateral treaties (conventions) govern the sport sphere:

- Agreement on Cooperation in the Field of Physical Culture and Sport of the Member States of the Commonwealth of Independent States;

- International Convention against Doping in Sport;

- International Convention against Apartheid in Sport;

- European Convention on Violence and Misbehaviour by Spectators at Sport Events, including Football Matches (ETS N 120).

Let us consider the legal regulation on the example of the sport of sambo. Sambo is one of the most popular martial arts that originated in the USSR and is now widely cultivated in the international sport arena. This choice is because, throughout the history of sambo in the world, Ukraine has always been among the leading countries in the development of sambo. The National Sambo Federation of Ukraine has been actively involved in the activities of the International Sambo Federation since the very first day. Ukraine is the second largest country in the world in terms of sambo development. Ukraine's sambo teams in all age groups are consistently ranked among the three strongest countries in the world (Baddeley, 2020).

In international law, sambo as a sport is regulated by several international sport organisations and documents that establish the principles and rules of this sport. The International Sambo Federation, formerly known as FILA, has a long history of regulating combat sports, including sambo. However, in 2015, an important change took place when FILA was renamed United World Wrestling (UWW). This reorganisation marked the expansion of the federation's competence, which now includes not only sambo but also other wrestling sports such as Greco-Roman wrestling and freestyle wrestling.

UWW acts as a global organisation that coordinates and normalises the development of wrestling at the international level. It establishes and enforces the rules for international sambo and other wrestling competitions. These rules cover the technical aspects of combat, the evaluation of athletes' actions, scoring procedures and other aspects of the competition. The Federation promotes the development of the competition structure, forms a system of registration of athletes and controls their participation in events.

The UWW defines and updates the rules of sambo, including throwing techniques, fights and other aspects. These rules are aimed at ensuring the safety of participants, fairness and stimulating the development of a highly professional sport. The UWW is responsible for planning and organising international sambo competitions. This includes defining the categories, formulating the draw rules, and overseeing the preparation and provision of events.

The Federation carries out anti-doping control by the standards of the World Anti-Doping Agency (WADA). This is an important element to ensure honesty and fairness in sport. UWW also actively cooperates with national federations and other sport organisations to develop sambo and wrestling. The Federation promotes sport and ensures interaction between wrestlers from different countries. These roles and functions of the UWW are key to ensuring the effective and high level of development of sambo and other martial arts on the international stage.

Anti-doping standards (WADA) are also important in the international regulation of sambo. Thus, athletes participating in international sambo competitions are subject to anti-doping control according to the standards of the World Anti-Doping Agency (WADA). This includes the identification of prohibited substances and testing procedures (Zaborovskyi & Berch, 2023).

The Rules of Sambo Refereeing define the procedures and standards by which situations and disputes are assessed and resolved during competitions. These rules establish decision-making criteria, define the responsibilities and capabilities of the referees, and establish the procedure for appealing their decisions. Such disputes are often resolved through arbitration bodies. One of the most important arbitration bodies in the world of sport is the Court of Arbitration for Sport (CAS) that resolves disputes related to sport, including sambo.

The CAS resolves disputes arising between athletes, federations, competition organisers and other participants in the sport process. Its decision is final and binding. This court guarantees independence, objectivity and prompt resolution of disputes in the sport environment. Disputes submitted to CAS are considered by internal procedures. Cases are decided by arbitrators with extensive experience in sport and law. CAS can be involved in disputes related to anti-doping rules violations, unlawful suspensions, noncompliance with the rules of the game and other sport conflicts. CAS is recognised as an important tool for conflict resolution and intra-sport justice. Its decisions have an impact and serve as an example for other judicial bodies and federations. The International Court of Arbitration for Sport plays a key role in resolving disputes in the world of sambo and other sports, ensuring objectivity and fairness in the consideration of sport cases (Fastovets, 2023).

Considering the domestic legislation on sport, it should be noted that it is valid only in Ukraine and is the result of the implementation by state bodies of the rulemaking function that realises the interests of civil society in the field of sport. Moreover, the procedural rules of sport law are established by self-governing sport organisations, unlike the vast majority of other branches of Ukrainian law. The national legislation of Ukraine on sport is represented by the Constitution of Ukraine, the Laws of Ukraine «On Physical Culture and Sport», «On Support of the Olympic, Paralympic and HighPerformance Sport Movement in Ukraine» and several other regulatory legal acts in this area.

The Constitution of Ukraine is the main law of the state, which enshrines the foundations of the state and social system. Thus, it contains two articles that are related to sport. For instance, Article 3 defines human life and health as the highest social value in the state. Besides, Article 49 enshrines the state's duty to take care of the development of physical culture and sport.

Since contractual regulation in the field of professional sport has become increasingly important, and the vast majority of legal relations arising between entities are contractual, it is necessary to define the Civil Code of Ukraine and the Labour Code of Ukraine as forms of sport law in Ukraine. of Ukraine. The activities of sport agents are based on civil law contracts, such as the provisions of the FIFA Regulations on the Activities of Football Agents of Players, which define the duties of sport agents and guide them in their activities. not only by regulatory legal acts but also by national legislation.

In turn, the legal relations arising directly between the subjects of sport legal relations, namely, professional athletes, amateur athletes, coaches and other subjects of sport law, are determined exclusively by labour law, fall within the scope of its regulation and are manifested in labour relations. contracts. It is necessary to highlight the expediency of adopting a single codified act as the only fundamental source of sport law in Ukraine. However, not only contractual relations in the field of sport are subject to civil and labour law because it is also possible to distinguish several non-contractual relations regulated by civil law, in particular, the application of civil liability for damage caused to the life and health of athletes (Slavko, 2022).

Due to the absence of a single codified act in the field of sport activities, the Law of Ukraine «On Physical Culture and Sport» is one of the fundamental legal acts in this area. It defines the legal, social, economic and organisational basis of physical culture and sport in Ukraine, participation of state bodies, officials, enterprises, institutions, and organisations, regardless of ownership, in improving citizens' health (Porohnyaviy & Lastovkin, 2020). According to this Law, citizens have the right to engage in physical education and sport regardless of race, skin colour, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language and other characteristics. This right is ensured by the free choice of physical culture and sport services, accessibility and safety of physical culture and sport, protection of the rights and legitimate interests of citizens, and the establishment of physical culture and sport institutions.

The Law defines the basic principles of the state policy in the field of sport. Thus, it recognises physical culture and sport as a priority area of the state's humanitarian policy. Moreover, physical culture and sport is defined as an important factor in the comprehensive development of the individual and the formation of a healthy lifestyle, ensuring a humanistic orientation and the priority of universal human values, justice and mutual and gender respect for equality (Stefanovskyi, 2022). In addition, the Law establishes the mechanism for state management of physical culture and sport by the central executive body for physical culture and sport and other executive bodies, defines the scope of their authorities and the list of subjects of sport law, namely: sport clubs, children's and youth sport schools, specialized sport educational institutions, school of higher sports skills, student sport centres of higher educational institutions, physical culture and health centres of higher educational institutions, physical education and health centres of higher educational institutions, sport clubs and sport bases of higher educational institutions, sport clubs.

The Law of Ukraine «On Olympic, Paralympic and High-Performance Sport in Ukraine» is aimed at regulating relations that promote the development of the Olympic and Paralympic Movement in Ukraine and guarantees state support for its participants. The Law regulates the procedure for appointing, engaging and using training facilities for national teams of Ukraine to participate in the Olympic and Paralympic Games, and provides support for Olympic and Paralympic training facilities.

The Law of Ukraine «On Anti-Doping Control in Sport» provides that the organisation and implementation of anti-doping control in sport in Ukraine is carried out in accordance with the requirements of the Anti-Doping Olympic Movement Code. The fulfilment of these requirements is entrusted to the National Anti-Doping Centre with the Anti-Doping Control Laboratory attached to it, which is established by the Cabinet of Ministers of Ukraine. According to the requirements of the Anti-Doping Code of the Olympic Movement and the competent authorities of sport organisations, the establishment of the fact of doping by an athlete entails the application of sanctions, which may be in the form of a warning, invalidation of sport results, confiscation of sport medals or prizes, temporary or lifetime ban from participation in sport competitions, etc (Konstantinov, 2023). In addition to the above-mentioned laws, the sources of sport law include the Laws of Ukraine «On Ratification of the Anti-Doping Convention», «On Ratification of the Additional Protocol to the Anti-Doping Convention», «On Ratification of the International Convention against Doping in Sport», etc.

Describing the decrees of the President of Ukraine as sources of sport law, the Decree of the President of Ukraine «On the National Doctrine of Physical Culture and Sport Development» should be analysed. According to its provisions, sport activities are one of the main directions of the state policy on physical culture and sport, which orient Ukrainian society towards the gradual formation of an effective model of physical culture and sport based on democratic and humanistic principles. The Doctrine is based on the idea of meeting the needs of every citizen of the state in creating appropriate conditions for physical culture and sport because physical culture is an integral part of the general culture, physical education and mass sport which should be considered social manifestations. It is recognised as an important factor in a healthy lifestyle, disease prevention, organisation of meaningful leisure, formation of humanistic values and creation of conditions for comprehensive harmonious human development.

In addition to codified acts, presidential decrees and laws, the source of Ukraine's national legislation on sport is departmental regulations, namely: the Order of the Ministry of Ukraine for Family, Youth and Sports «On Approval of the Procedure for the Use of Funds Provided for the Development of Certain Sport and Methods of Training Athletes», which regulates the organisation and conduct of research work in the field of physical culture and sport, the publication of scientific and methodological materials, etc. (Palyukh, 2020).

Considering domestic legal customs as a form of sport law, it should be noted that they are used alongside legislation and, where necessary, fill its gaps. The legal significance of customs lies in the fact that they are applied in turn after regulations and contracts. Art. 2 and part 2 Article 7 of the Civil Code of Ukraine defines a custom as a rule of conduct that is not enshrined in acts of civil legislation but is established in a certain area of civil relations. Usually, this can be recorded in a relevant document. In the field of professional sport, many documents set out business customs. Some of them have been in force in Ukraine for a long time, while others have yet to be ratified. The most well-known legal customs include fair play, competition, and equality. At the same time, a striking example of legal custom as a source of sport law in Ukraine is the Football Rules adopted in 1997 by the International Football Association Board (IFAB) (Tkalych, 2020).

The next component of the national sources system of sport law is the acts of national sport organisations involved in the regulation of sport relations. Such acts regulate sport legal relations at the level of sport organisations and are adopted by their founders or the organisers themselves (for example, charters, regulations and rules governing the conduct of championships and other competitions). The documents adopted at the time of establishment should regulate the activities of sport organisations, including their international legal activities. These include charters of national Olympic committees, and regulations of professional leagues, unions and clubs. One example of such sources is the Charter of the National Olympic Committee of Ukraine.

According to the Charter, the purpose of the National Olympic Committee of Ukraine is to develop, strengthen and protect the Olympic movement in Ukraine, promote the spiritual enrichment of people, and spread the exchange of national cultural values in the context of the ideas and principles of Olympism in cooperation with state, public and other organisations based on independence and goodwill in the interests of sport and the Olympic movement and to protect the interests of its participants. In addition, the Committee has the exclusive right to represent Ukraine at the Olympic Games, and regional, continental and global integrated competitions (Frantz-Yakovets & Nigrutsa, 2023).

Another example is the Statute of the Ukrainian Sambo Federation, approved by the decision of the extraordinary conference of the Ukrainian Sambo Federation on 15 November 2010. This document defines the goals, objectives, and activities of the federations, establishes the system of governing and management bodies, the procedure for joining and membership in the federation, and sets out the rules of competition.

Sambo is organised and developed in Ukraine by the National Sambo Federation of Ukraine (NSFU). In 2013, sambo was included in the list of priority non-Olympic sports in Ukraine and was ranked second in the All-Ukrainian ranking of non-Olympic sports by the Ministry of Youth and Sports based on the results of its activities and performances in the international arena. On 15 July 2014, sambo was recognised as a national sport in Ukraine, and the Ukrainian Sambo Federation received the status of the National Sambo Federation. The NFSU adequately represents Ukraine at international competitions of various levels and promotes its international authority in the world community (Birch, 2023).

Nowadays, sambo is going through a new stage of development. The International Sambo Federation (FIAS) comprises 88 countries, 36 of which are members of the European Sambo Federation. In addition to the annual world, European, continental championships, and traditional international tournaments among athletes of different age categories, many new sambo competitions are held on all continents of the world. The organisation level of these events has increased significantly. The popularisation of our sport in the world is progressing: cooperation with international media is rapidly developing (in almost all FIAS countries, world and continental championships are broadcast on television, and in 24 countries - online), the number of state, public and commercial entities actively involved in the development of sambo in the world and official sponsors of the International Sambo Federation has increased (Frantz-Yakovets & Nigrutsa, 2023).

Given the above, as well as the fact that Ukraine is working to adapt its legislation to the EU one, we believe that several changes to legislation on sport are urgently needed. The Law of Ukraine «On Physical Culture and Sport» should be revised to reflect modern approaches to the development of physical culture and sport, the club system, and the support of the national teams of Ukraine. Apart from that, it is important to provide a clear regulatory definition of missing or incompletely disclosed concepts: sport NGO, sport agent, sport manager, children's sport club, amateur sport club, professional sport club, sport facility, sport spectator, sport service, etc.

Furthermore, to regulate legal relations in the field of professional sport in Ukraine, which are not regulated at the legislative level, it is necessary to amend part 2 of Article 38 of the Law of Ukraine «On Physical Culture and Sport», which enshrines that professional sport activities are regulated by civil law. The Labour Code of Ukraine states that professional sport activities of athletes, coaches and other specialists, which consist of training and participation in sport competitions, are the main source of their income. At the same time, only one small article in the Law is dedicated to professional sport, and the Labour Code of Ukraine does not take into account the specifics of social relations in the field of sport.

It is also necessary to make appropriate changes in physical culture and sport management authorities in Ukraine, granting responsibilities for sport development to sport federations, and delegating the representation functions of top sport performances on the world stage to the National Olympic Committee of Ukraine. Moreover, it is imperative to bring the terminology of the Law in line with the Law of Ukraine «On Public Associations», adopt the regulation of sports clubs; and raise the status of physical culture and sport associations and sport federations. In addition, it is important to ratify international legal acts, treaties, and regulations that bridge gaps in legislation and provide new perspectives and opportunities for the development of the sport sector. We also consider it expedient to systematise the norms of sport legislation into one modified legal act for a comprehensive view of the norms governing sport legal relations, for example, the Sport Code of Ukraine.

Concerning sambo, the shortcomings and prospects of sambo regulation in Ukraine can be seen in various aspects, such as legislative gaps, funding, infrastructure, development of the sambo base and promotion of sambo. The lack of clear and comprehensive regulation can create uncertainty in the organisation and development of sambo. For example, it is important to define the status and legal standards of the National Sambo Federation and other sport organisations. The absence of provisions defining the competence and authorities of the National Sambo Federation may lead to inconsistencies in management and allocation of funds. Insufficient funds may limit the development of sambo, including support for coaches, sport infrastructure and competitions. Inadequate sport infrastructure, such as gyms and training facilities, may make it difficult for athletes to train. Besides, since sambo is no so popular as other sports, it is necessary to work actively to promote sambo among the population, in particular among young people, to ensure broad interest in this sport.

The development and improvement of special legislation regulating the functions and responsibilities of organisations responsible for sambo can help clarify the legal status and bring clarity to organisational issues. In our opinion, to overcome the abovementioned problems, it is also necessary to create a National Sambo Development Programme. Therefore, a working group should be set up with the representatives of the National Sambo Federation, coaches, and sport development experts. They should work on defining specific goals of the programme, such as improving infrastructure, raising the level of professionalism of coaches, and attracting new athletes. The National Sambo Development Programme in Ukraine should include a comprehensive approach to ensure the sustainable and full development of the sport. The programme should also contain infrastructure development, including the construction and modernisation of training grounds and gyms. Significant attention should be paid to coaching staff, providing them with competitive remuneration and a system of professional development.

In addition, financial support involves the allocation of significant budgetary funds for the sambo development, aimed at the federation, support for athletes and the organisation of competitions. Mass popularisation can be achieved through the organisation of tournaments and competitions, as well as the introduction of sambo programmes and sections in schools and universities. The programme also envisages partnerships with the private sector for additional funding and advertising. It is important to develop a media strategy to effectively promote sambo through television, the I nternet and social media. International cooperation, participation in international competitions and ensuring integrity and ethics in the sporting environment through anti-doping control are also important elements of the programme. Together, these measures should ensure the sustainable and successful development of sambo in Ukraine, attracting the attention and support of the sport community and the public. Thus, these measures can improve the sambo regulation in Ukraine and create favourable conditions for the development of this sport.

CONCLUSIONS

The study of the legal aspects of sport, especially sambo, is relevant for adapting legislation to the needs of modern sport. The conditions of the crisis and pandemic emphasise the need for flexibility of rules and ensuring a safe sport environment. Improving legislation is an important step to eliminate conflicts and shortcomings in the regulation of sport. We insist on the need to review the system of legislation governing sports in Ukraine. We recommend amending the Law «On Physical Culture and Sport» to reflect modern approaches to the development of physical culture, including the club system and support for national teams. Moreover, it is necessary to define such terms as sport NGO, sport agent, sport manager, etc. Particular attention should be paid to professional sport, which is currently hardly regulated at the legislative level. It is important to amend Article 38 of the Law «On Physical Culture and Sport» to define a clear framework for activities in this area. It is also necessary to review the competences of physical culture and sport management, giving more authority to sport federations and representation on the world stage to the National Olympic Committee.

In the context of sambo, it is important to define the status and funding of the federation, as well as to improve infrastructure and promote the sport. The proposed National Sambo Development Programme should include plans for infrastructure, coaching, financial support and mass promotion. Moreover, national support for sambo could be strengthened by ratifying international rules, which would facilitate the exchange of experience and promote development. Finally, the Sport Code could simplify the understanding and application of sport legislation. In general, these measures are aimed at improving the legal environment and development of sport in Ukraine, ensuring its sustainability and popularity among the civil and the sport community.

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