PECULIARITIES OF CONTRACTUAL REGULATION OF RELATIONS IN THE FIELD OF PROFESSIONAL SPORTS

Abstract

The article is aimed at studying the peculiarities of contractual regulation of relations in the field of professional sports. In particular, the author emphasizes the current trend towards the growing importance of civil law contracts in the context of regulation of private law relations, which generally contributes to the implementation of such fundamental principles of civil society as freedom of enterprise, freedom of contract, reasonableness, good faith and justice. It is established that the peculiarity of contractual regulation of relations in the field of professional sports is reflected in the establishment of rules of conduct between a professional athlete and a sports organisation based on a consensus reached by the parties with a view to satisfying their own interests by mutually agreeing on the will of the contracting parties to a future contract aimed at establishing, changing or terminating civil legal relations. Accordingly, a civil law contract is not just an agreement between the said counterparties, but primarily an individual regulator of personal non-property and property relations between them, since only in the contract do the general requirements for professional sports activities set out in the charters and regulations receive their proper detail. The author suggests that the legal characterisation of civil law contracts in the field of professional sports should be based on the following features: 1) depending on the emergence of the rights and obligations of the parties – synalagmatic (mutual), bilateral contract; 2) depending on the availability of a counterpart property equivalent – paid (the payment of the contract may also be expressed in a counterpart obligation, which will be fulfilled by the counterparty); 3) depending on the legal nature of the contract – main contract; 4) depending on the will of the parties to enter into the contract – contract concluded by agreement of the parties; 5) depending on the time when the contract is considered to be concluded – consensual contract; 6) depending on the presence of elements of other contracts – mixed contract.