Tarasova Anastasia Sergeevna

Kurbanova Ekaterina Yurievna

2nd year students, Department of Criminal and Penal Law, RF, Saratov

Sevostyanov Roman Alexandrovich

scientific adviser, Ph.D. jurid. Sci., Associate Professor of the Department of Criminal and Penal Law of the Federal State Budgetary Educational Institution of Higher Professional Education "Saratov State Law Academy", Russian Federation, Saratov

Sport is a specific type of human activity, which is based on voluntary will and is aimed at strengthening health, in which harm to health or even life is possible. In the Russian Federation, there is a Federal Law “On Physical Culture and Sports in the Russian Federation”. So in Art. 1 indicates that the subject of regulation of this Federal Law is the establishment of the legal, organizational, economic and social foundations of activities in the field of physical culture and sports in the Russian Federation, the basic principles of legislation on physical culture and sports are determined.

It was in the middle of the 19th century that the emergence and further development of modern sports took place. Earlier in Russia there were so-called folk amusements, which also implied a physical effect on the human body, which was an inevitable condition for achieving a sports result. In this connection, there was a frequent occurrence of injuries of varying severity. But the rules that were established in this type of activity significantly reduced the risk of bodily harm, they were competitive in nature and passed according to strict rules, which gives the right to recognize them as sports in the modern sense of the word. In the criminal legislation of Russia, there was no special circumstance that would exclude criminal liability in the event of harm to health or life while playing sports. And at the present time this imperfection of the Russian legislation continues to exist. In addition, there was no provision for a special rule that would entail criminal liability for harm to health or life while playing sports. This is an important omission in the legislation of the Russian Federation, since sport is an integral part of physical culture in our country. This is a specific type of social relations, which are aimed at ensuring that a person can develop harmoniously and improve the health of the population. Any violation in the field of the rules established by this competition negatively affects both the moral and physical development of a person, therefore it is necessary to develop such elements of crime as: "Violation of the sports rules of a crime competition", where public relations will act, providing every citizen with the opportunity to play sports in conditions that are safe for his life and health. "Organization of sports competitions without observing sports rules" - where public relations are represented, regulated by normative legal acts in the field of physical education of the population and ensuring the safety of life or health of the population when engaging in this type of activity. And include them in Chapter 25 of the Criminal Code of the Russian Federation. As suggested by A.A. Skvortsov. - candidate of legal sciences.

Sports activities are associated with health. Particular attention is paid to physical education and sports as a health-improving factor that prevents the development of the disease and increases the life expectancy of a person. Thus, according to the Decree of the Government of the Russian Federation "On the approval of the state program of the Russian Federation" Development of physical culture and sports "" sets the following tasks: The objectives of the Program are to increase the motivation of citizens to regularly engage in physical culture and sports and maintain a healthy lifestyle; ensuring the successful performance of Russian athletes at major international sports competitions and improving the system of training the sports reserve; development of infrastructure for physical culture and sports, including for people with disabilities and disabled people; holding at a high organizational level of the largest international sports events, including the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup in the Russian Federation, as well as the XXIX World Winter Universiade 2019 in Krasnoyarsk; ensuring effective use in the post-competition period of the sports facilities of the XXVII World Summer Universiade 2013 in Kazan, the XXII Olympic Winter Games and the XI Paralympic Winter Games of 2014 in Sochi. But despite this, many workers in physical culture and sports believe that the undesirable consequences of playing sports are an inevitable evil, although physicians dealing with sports injuries strongly disagree with this.

Indeed, sport is health. Injuries and illnesses are not inherent in sports. For sports, these phenomena are pathological, explained by a number of unjustified reasons. True, when practicing some sports, for example, boxing, injury is possible without violating the rules of the competition. Such rules, or rather violations, include, for example, strikes below the belt, strikes on a rising and lying opponent, passive defense, including turning his back to the opponent, and others. Thus, the established rules of competition in educational and training sessions determine in which cases a sports event complies with its regulation, as well as the permitted sports mode of action. The competition rule also serves as a limit to what type of competition consent can be given. Causing injury to health in competitions not regulated by the rules cannot be justified by the consent of the person. Moreover, this sport provides for a physical impact on the enemy. By deliberately hitting the head, boxers can damage each other's eyebrows, nose, and teeth. Injuries in boxing are divided into minor ones - according to statistics, they are 87%, medium ones, which are 12%, and severe ones - about 1%. According to the same statistics, we can say that 64% of all injuries depend on boxers' lack of training and 17% on the coach's negligence. Therefore, to prevent injury, it is necessary to combine coaching skills and own efforts.

As for the types of boxing injuries, 65% are various injuries to the hands, 18% are injuries to the face. Of particular concern, injury may be caused by blows to the head, which can disrupt the central nervous system. Especially if they are applied systematically. An example is the famous boxer Mohamed Ali - the idol of millions, suffering from incurable Parkinson's disease.

But Levander Johnson was overtaken by a more difficult fate. At one time, he was an elite boxer. In 2005, a fight with Jesus Chavez took place, which turned out to be very cruel. In the 11th round, the referee interrupted the fight, as Johnson was no longer on his feet. For Johnson, this fight was the last. He died 5 days later in the hospital. The question of the legality of acts that caused harm in the process of holding sports competitions to their participants is not new in criminal law.

When analyzing foreign legislation on criminal legal assessment of harm to life or health while playing sports, one can come to the conclusion that those guilty of causing harm to life or health, in most cases, are not subject to criminal liability. The legislation of different countries solves this problem in different ways and ambiguously. At the same time, most of the legal ones have a common feature: criminal liability does not occur if this type of activity is permitted by law, and the established rules for this sport have not been violated.

For example, in England, denial of responsibility for causing harm to an athlete in the process of sports events is justified by the consent of the victim. So, K. Kenny writes that "... everyone who takes part in sports, thereby agrees to inflict bodily harm on him." But Krasikov A.N. does not agree with this. He argues that while athletes' consent to a known risk in sports is presumed, it is non-consent to intentional harm in violation of the rules of the competition. It is known that neither disease nor injuries are immanent in sports life. And any person who agrees to go in for sports does not give consent, for example, grievous bodily harm, and even more so to death. Not a single person, apparently, agreed to participate in the competition if he knew that death would come as a result.

A person who has expressed a desire to engage in a particular sport ultimately strives to be healthier. Society also sets itself this goal, providing opportunities for occupation and guaranteeing by various measures the preservation of the health of citizens. Protecting the health of the participants in sports competitions, certain prescriptions for the conduct of sports events are established. Therefore, training sessions, as well as competitions should be conducted according to a scientifically grounded plan in compliance with all regulations, since only by observing and rationally using the means of physical education, observing all the established rules for conducting training sessions, competitions contribute to health improvement. The person who consents to the sport relies on these guarantees. Thus, consent should be understood as the assumption of the possibility of subjecting one's integrity to physical influence in a certain way, up to the limit expressed in the rules. The scope of consent coincides with the scope of the intended and established by the rules of action. Therefore, violation of the rules is a violation of consent. Such actions contradict the will of the injured athlete, ignore it, are committed against the expressed consent, and therefore are illegal. A person's consent to participate in sports events that are deliberately held in violation of the measures taken cannot be lawful. The Athlete's consent should not be considered as something that the Athlete cannot refuse. In the criminal legal sense, a person in the process of a competition has the right to refuse to participate in a sports competition at any time. It agrees to engage in a particular sport. And this means that in relation to the consenting person, strictly definite actions can be performed, which the person carries out, against which he does not object. The athlete deliberately admits the actions of the opposing side in relation to himself. The athlete recognizes these actions as correct. Consent covers those actions that are allowed by the rules. When expressing desires for these sports, a person highlights the border of what he agrees to, in turn, this border coincides with the border of permissible acts, which are provided for by the rules. Therefore, if during training or competition, damage is caused by legal actions, then consent is the justification for this. In other words, in the case of sports injuries, consent has a legal meaning when the rules for the conduct of sports and training provide for physical impact in relation to a partner as a permitted way to achieve victory and injury as a natural consequence of a legal action. Subsequent actions in relation to the one who refused to conduct the competition against his will should be considered as illegal. Health injuries as a result of violation of the rules are not in internal connection with the competition even when they are caused in the course of training sessions and competitions. Consequently, not all sports injury can be justified by consent. Consent is given to achieve goals approved by law.

Causing harm to health, as well as life while playing sports, is not included in the system of circumstances that exclude the criminality of an act enshrined in Russian criminal law. When causing harm to life, health in sports, a person is not in a state of "reasonable risk", as circumstances, which, according to Art. 41 of the Criminal Code of the Russian Federation excludes the criminality of the act, since the criteria of legality are not observed, namely: a person consciously takes the risk associated with the possibility of causing harm in order to achieve his own benefit, which is of interest, in most cases, only to the athlete. Some sports, for example, boxing, provide for a physical, direct effect on the human body as a necessary condition for achieving a sports result, which is why the harm caused is natural, and not hypothetical. "The consent of the victim", "the performance of socially useful functions" are not types of circumstances that would exclude the crime of the act, since they are not enshrined in the current criminal code. Therefore, it is impossible to refer to these circumstances as those that exclude the criminality of an act when causing harm to life or health in sports.

A person will not be held criminally liable in cases of harm to health and life while playing sports, since this activity is of a socially useful nature, namely, health promotion and is not prohibited by applicable law. In this connection, there is no such sign of a crime as wrongfulness. In this case, a prerequisite is compliance with the rules in this type of activity, which would exempt from criminal liability. When bodily harm or death occurs to athletes on a sports field, which is not in any way connected with the playing of the game or sports confrontation, the act is qualified as an intentional crime against health or life, or careless infliction of bodily harm or death, depending on the fault (Ch. . 16 of the Criminal Code of the Russian Federation).

In the modern criminal-legal doctrine of the Russian state, the problem of the criminal-legal assessment of harm to health, as well as life during sports, has not been finally resolved. This problem is alarming, since the development of physical culture and sports is actively promoted in our country, and injuries in this area remain at a high level. In case of violation of the established rules of competition, in all cases of sports injuries, a natural tendency to the onset of harmful consequences for the health of athletes is revealed. Therefore, such acts should be viewed as socially dangerous and should react accordingly. The specificity of criminal law is that, by securing public relations, it protects them from significant harm, regardless of whether these public relations are protected or not protected by the norms of other branches of law.

Bibliography:

1. Boxing and sports injuries. [Electronic resource] - Access mode. - URL: http://www.boxing78.ru/boks-i-sportivnyj-travmatizm/ (date of treatment 03/01/2015).
2. Krasikov A.N. "The essence and significance of the consent of the victim in the Soviet criminal law", Saratov University Publishing House, 1967, 120 pages, - p. 103.
3. Decree of the Government of the Russian Federation of 15.04.2014 No. 302 (revised from 16.08.2014) "On approval of the state program of the Russian Federation" Development of physical culture and sports "// Collected Legislation of the Russian Federation, 05.05.2014, No. 18 (part I), Art. 2151.
4. Boxing rules. [Electronic resource] - Access mode. - URL: http://box-boi.ru/pravila-boksa (date of treatment 03/01/2015).
5. Skvortsov A.A. "Criminal and legal assessment of harm to life or health while playing sports", Abstract, Saratov, 2005 - 180 pages, - p. 21.
6. Federal Law of 04.12.2007 No. 329-FZ (as amended on 31.12.2014) "On Physical Culture and Sports in the Russian Federation" (as amended and supplemented, entered into force on 11.01.2015), Art. 1 // "Collected Legislation of the Russian Federation", 10.12.2007, No. 50, Art. 6242.

Many of us, probably, often wondered: why do we pay differently for the same act with the same result? Especially if you compare life and sports. You hit, for example, in defense, on the street of the bully, and he took, and died. Or he became disabled. And you go to jail. And a boxer in the ring or fighters in fights without rules receive an award for the same. Can sports be criminalized for causing grievous harm? If yes, in what format? What does Russian law say about this and are there any corresponding norms in other countries? Is it possible, finally, the passage of such an initiative in our State Duma? We asked all these questions to the well-known Russian lawyer, President of the Union of Lawyers of Russia Igor Trunov.

Sport and UK

- Igor Leonidovich, the question “are there any signs of a criminal act in the actions of athletes,” for example, among boxers, despite the seeming absurdity, nevertheless, has been discussed for more than a decade. In your opinion, can a football player be held criminally liable for breaking an opponent's leg during the match? After all, he inflicted grievous bodily harm ...

To begin with, when engaging in certain sports, it is simply impossible to avoid causing harm to life or health. Judge for yourself, some types - boxing, wrestling, martial arts, rugby, hockey - provide for a direct physical impact on the opponent. At one time, the Secretary General of the World Medical Council, Delon Human, said that boxing is a sport where it is impossible to leave the ring without being injured. And this is justified by the very task of a sports duel! After all, formally, in the same combat sports, the goal is to cause maximum harm. What is knockout in boxing? Yes, this is a dream, a desired result, for which everyone is preparing, from coaches to doctors. And they are also helped by spectators who support the athlete, and organizers of competitions, and specialized federations ... But at the present time, in accordance with the criminal law doctrine, a person is not subject to criminal liability for causing harm to life or health, since this activity carries socially beneficial (health promotion) and is not prohibited by applicable law. Consequently, there is no main feature of the concept of "crime" - unlawfulness.

- And the winner for that very knockout has nothing but an award? Even if the loser is disabled or worse ...?

We must clearly separate the concepts: the actions of athletes during the competition and a socially dangerous act. The line between sports injury and the common criminal notion of bodily injury is very thin indeed. But the entire civilized world has long ago divorced these things. An analysis of the foreign legislation of France, Spain, Japan, Switzerland, the USA, Sweden, Germany, Canada and many other countries on the issue of criminal assessment of harm to life or health during exercise and sports shows that the guilty party who caused harm to health is criminalized is not subject to.

- But the result is the same ...?

And yet! There is no social danger in causing harm to life or health while playing sports, there is no personal enmity or selfish interest. Some lawyers believe that criminal liability does not arise here also because the victim himself voluntarily agreed to the possibility of causing harm to his health.

Oh sport, are you the world?

- You often say the words "harm to health". Maybe it's time to correct this "traumatic" tendency?

Indeed, the statistics of injuries in professional sports are impressive and terrifying. It is estimated that there are about 10 million sports injuries per year. More than half of the fractures cost athletes chronic diseases, years of treatment and nervous disorders, a decrease in life expectancy by 10-15% compared to other people.

-Especially in boxing, wrestling ...

If I am not mistaken, 11 boxers die every year in the world - and this is only according to official statistics. About 2,000 people who entered the ring are either disabled people who are disabled or are in homes for the mentally ill. And then there is gymnastics, fights without rules, mixed martial arts. So every year the mournful list is replenished by several dozen people. And we are only talking about competitions, the surface of the iceberg, so to speak. And there is also underwater training. I recall the words of the 1976 Olympic champion in diving Elena Vaytsekhovskaya. “There are no healthy people among those who have gone through a great sport. Sport is war. "

Modern gladiators

- You listen to you and you come to the conclusion that a whole organized group is working to ensure that one person sacrifices another. A sort of 21st century gladiatorialism?

On the one hand, yes. On the other hand ... It is imperative to remember that sports injuries are, no matter how they sound, an obligatory component of the profession. Sports, especially modern ones, provide for passion and excitement. This is part of the show, part of the industry, business, which he is. There is no passion in the ring or arena - no one will come to the competition. And a discount should be made for this component.

- Even if someone was carried out on a stretcher?

Yes. I repeat: injuries in sports are huge, some sports are unthinkable without injuries and, in general, are aimed at causing physical harm. If he didn’t knock out his opponent, it means that there was no effect, there was no entertainment, there was not what the viewer demands. But there is no personal gain here - this is a show. Therefore, for the injuries caused, there cannot be the same punishment that follows in the presence of a general criminal component. Well, you can't put a person behind bars for knocking out your opponent! And in our country, for serious bodily, let me remind you, up to 8 years in prison.

Recall how Tyson bit off Holyfield's ear during a fight. Formally, there is hooliganism and disfigurement of the face, yes, if you try, you can still "hang" a lot. There was a fine, there were other measures. But it never occurred to anyone to initiate a criminal case!

Favorable precedent

- Some time ago, there was information in the media that a criminal case was opened against the former governor of the Chelyabinsk region, Mikhail Yurevich, for allegedly hitting an opponent with a club in the heat of the fight, almost breaking the base of the skull of the poor fellow. The first sign of a new attitude to our topic?

In fact, only the Chelyabinsk examination recorded the injuries you mentioned. At the same time, I personally do not understand how, with such injuries, the victim goes to the ski resort in Courchevel a few days later and feels quite well.

The situation is absolutely delusional. There is a case, and it has not been closed. The impression is that either they want to create a precedent out of the Chelyabinsk situation (to which I am more inclined), or someone has personal scores with the defendant (Yurevich - OG.), Who was not even charged! Today they want to interrogate Yurevich in any capacity, at least as a witness - but this cannot be done. He cannot be involved in the case as an accused either - for this to go to the State Duma, to request permission.

- So were there injuries or not?

According to the conclusion of examinations conducted at the forensic medical examination center of the Ministry of Health and in the main state center for medical and forensic examinations of the Ministry of Defense, the injuries of the victim in the criminal case were light. This is evidenced by the data of X-ray studies, the conclusions of the doctors. And the investigators stand their ground: no, they are heavy, they say. The situation turns out to be strange: not only have such actions never been qualified as a criminal act, but there is still no composition of grievous bodily harm. But at the same time we are answered: "there is a composition, the examination showed everything." Business goes on and they say that it will be brought to an end.

- Obviously, as the Romans said, qui bono?

If the Investigative Committee is aware of the situation, if we communicate with the head of the investigation, since one of the parties turned out to be a State Duma deputy, and we are told that the case will be continued, then, involuntarily, you will think that either this is an agreed action, the authors of which are not visible, or some employees of the IC have become so stagnant that they do not want to take into account modern legal realities.

- What is fraught, in your opinion, with this precedent?

This has interesting implications for sports. Probably, for the first time in history, there is room for manipulation and corruption. Sport is a capital-intensive business, we talked about this, and in the event of two situations, there is always an opportunity for a corruption component of incredible volume. After each match or boxing match, there must be a “funnel” for the winner.

- So we do not live in England to refer to precedents ...

Yes. We have no case law. Although today nowhere in the world there is no longer a pure system - Romano-Germanic, statutory, case law. Symbiosis is everywhere. And if the decision was made, entered into legal force, then it becomes the basis for such a practice. Then, in the future, the same Investigative Committee can refer to the Chelyabinsk incident in similar cases. And this opens a Pandora's box: it is one thing when we say that there were no such situations, and another thing when we are pointed to such decisions in response. This is where the corruption begins ...

Is insurance as an option?

- And yet: who can determine the criterion of "intentional-unintentional"?

If we are talking about the problem of injuries and injuries in the context of violation of the rules, then there is a referee in the ring, an referee on the field, and so on. But if you remember that the bulk of injuries occur in training, then there are many difficulties. We go to related areas: insurance, treatment, rehabilitation of an athlete. And in each of them the situation is different and also not in the best way.

Here, everyone thinks that athletes are insured for exorbitant amounts. Like Jennifer Lopez's body parts. But this is not the case. Even in professional sports, they try to minimize this category of costs. An example is the story of the Lokomotiv hockey players who died in a plane crash. Their relatives were very surprised by the low insurance coverage.

- It turns out that this is rather a problem of our sport, and not a problem of the existence of certain legal norms?

Yes, this is a serious problem for our sport, which is extremely low-tech, with poor training support, and health recovery. As a result, the level of dead athletes in our country is higher than in the West. And if the situation is aggravated by the introduction of some kind of criminal liability for injuries, then it’s scary to even assume what will happen. After all, now the conversation can go that not only the athlete himself is to blame, but also the coach. In gymnastics, the degree of injury is not associated with the enemy - he fell from a horse, fell off the bars - and here not only yourself, but also your environment is responsible. And if this spiral turns, then you can forget about victories at the Olympics forever.

Okhotny Ryad, Okhotny Ryad ...

- One would like to ask: can the deputies accept the corresponding amendments to the legislation?

Today we are talking about this problem from the standpoint of pure science. That is: what would be the right thing to do if we consider measures to reduce the level of violence and the number of people with disabilities in sports. Here one could consider an article on unintentional harm in case of gross intentional violation of the rules and on the criminal component as a preventive measure. And to answer your question “may or may not,” I will say this: today the probability of the adoption of such a law, taking into account statistics and scientific calculations, is zero. Why? Firstly, no one even thinks about the existence of this problem. No one bothers himself with statistics, what people sacrifice when entering the sports arena, and how many of these people. But these statistics are terrifying. Secondly, it is necessary to take into account the very potential presence of the strongest corruption component. Why? Because at any time the case can be turned either towards a sports drama or towards a criminal case. Any boxing match will do. Third, our legislation suffers from a huge degree of gaps, which gives great freedom to the decision-maker. The decision maker can do anything. What objectivity can we talk about here? The adoption of such an amendment to the Criminal Code of the Russian Federation in today's realities, as well as the precedent Chelyabinsk hockey criminal case, will finally destroy our Russian sport. I think we will get to this question - if we get it - very soon.

In our life, the concept of "dirty sport" appears more and more often, that is, a sport that uses methods that contradict the principles of conducting competitions. The reason for its appearance is the desire to win, by all means, the achievement of a high result, a record at any cost. All this leads to a violation of sports ethics: the use of prohibited medicines, non-compliance with the current rules of the competition. Prince Alexander de Merode, President of the IOC Medical Commission, noted that the main threat to the Olympic Movement of the 21st century will be precisely the oblivion of ethics. Athletes know that in the event of aggression or violation of the rules, most coaches and especially team owners will not condemn them (and neither will the audience). It is important for them not how you play, but whether you win or not. Novikov Yu. Physical culture or sports // www.atletika.s5.com/book.htm.

Sports victories have become too prestigious for the modern world. Plus, with the introduction of winning fees, this is a good opportunity to make money. A loss often leads to the fact that the athlete's human dignity is humiliated, which pushes him to win at any cost.

That is why the question arises of protecting honest athletes from those “athletes” who violate the established rules for the sake of victory. In sports practice, as a rule, certain sanctions are applied to athletes who do not comply with the established rules. In particular, - for the use of doping in the preparation process - disqualification, that is, suspension from participation in competitions for a certain period; for rudeness, violation of the rules - or suspension from participation in the competition and (and) penalties. These measures, in our opinion, are quite liberal and therefore not effective. For example, on May 14, 2001 in Krasnodar, in a match between football teams of the first division Kuban - Lokomotiv (Chita), Maxim Shvetsov kicked the linesman and then threw the ball in his face. After the final whistle, the players did not calm down. They knocked the referee to the ground and kicked him for a long time and methodically. At a meeting of the Control and Disciplinary Commission, it was decided to disqualify Shvetsov and another defender of the guests - Nedorezov for ten calendar matches.

In the first round of 2002, in the match between CSKA and Torpedo-ZIL football teams, there was a clash between two midfielders: Sergei Semak and Alexander Kurtiyan. Both were sent off and subsequently disqualified for five matches.

8 match of football teams "Torpedo" - "Zenith" of the Russian championship of 2002, in the 23rd round, midfielder Igor Semshov was sent off "for hitting an opponent with a hand" www.sovsport.ru March 26, 2003, no. 54. ...

On July 9, 1997, Mike Tyson had a boxing match with Evander Holyfield for the world heavyweight title. In the third round, Mike Tyson suddenly bit off a piece of his opponent's ear. For a whole year, the famous boxer Mike Tyson was out of the ring - he was disqualified for life by the Nevada State Athletics Commission for this. However, Iron Mike was given the right to appeal once a year, which he used. October 25, 1998. Commission voted by four votes to one to return Tyson's license www.km.ru 07/09/2000. During a football match between the teams "Guria" (Lanchkhuti) and "Dynamo" (Minsk) one football player punches his opponent in the face, knocking him out. The victim has a broken jaw. The incident took place without a fight for the ball. The result of the incident was the disqualification of a football player who broke his jaw .: Ignatov A. Sport and criminal responsibility. Soviet justice. 1989. No. 7. P.28 ..

In some cases, athletes cause each other such injuries in which they may not enter the sports arena at all, or injuries, after which a long rehabilitation process is needed. Moreover, these bodily injuries are often caused in the course of violation of the rules of the competition. When we conducted a survey of people who are professionally involved in sports, in which 150 athletes and coaches in various sports participated, we obtained data that indicate that violation of the rules for holding competitions, resulting in bodily harm, is a fairly common phenomenon. Thus, 80% of the respondents said that competition rules are sometimes violated, 20% - which is often.

This is where the question arises about the possibility of bringing to greater responsibility than a fine or disqualification provided for by the rules of the competition. For example, - to the criminal one.

The causes of injuries during sports competitions, according to the statistical reporting of the regional medical and physical dispensary of the Penza region, are:

Lack of preparation for the organization of the competition.

Incorrect competition methodology.

Unsatisfactory condition of the competition venue.

Unfavorable sanitary and meteorological conditions.

Unpreparedness of an athlete.

Violation of sports discipline.

7. Violation of the rules of medical supervision and its shortcomings.

At the same time, only three reasons practically dominate, these are: violation of sports discipline (for example, in 2000 - 60.8% of the total number of injuries), unpreparedness of an athlete (for example, in 2000 - 37.7% of the total number of injuries) , unfavorable sanitary and meteorological conditions (1.6% of the total number of injuries in 2001).

In this regard, from a criminal-legal point of view, these consequences can be assessed as:

Accident.

The result of the indiscipline of the victim himself.

The culpable result of those responsible for the correct conduct of the competition or training session.

Opposing Party's culpable result (in cases where one athlete harms another athlete by breaking the rules).

A result caused by an athlete's lawful act other than an accident.

When, while playing sports, an objectively accidental harmful result takes place, then the question of responsibility disappears. Responsibility should not follow for harm that occurred as a result of the negligence of the victim himself, as well as when there is no causal link between the act of third parties and the result. Thus, the cases specified in paragraphs. 3-4 presented classification.

According to M.S. Greenberg, criminal law should not interfere with sports activities and determine the conditions under which persons who have caused harm to life or health in the process of playing sports would be exempted from criminal liability. Such tasks are most consistent with the usual construction of the case, which excludes responsibility for an objectively random result M.S. Grinberg. The problem of occupational risk in criminal law. M., 1963.S. 25-26 ..

The current state of sports is such that the manifestation of rudeness on the sports ground is becoming a common occurrence and, as a result, there is a large number of injuries, while the use of illegal drugs has increased, which ultimately adversely affect the health of athletes. Based on this, the preconditions have been created for the establishment of criminal liability for the manifestation of rudeness and cruelty in sports.

In order to talk about the criminal liability of persons who violated the established rules of the competition, it is necessary, in my opinion, that grave consequences occur, to which it is advisable to attribute serious harm to health or the onset of death, since less serious harm to health does not represent the degree of danger that the onset of which would entail the need for the inevitability of criminal punishment. This position was confirmed in the course of our survey of people professionally involved in sports, where 80% athletes said that criminal liability for willful violation of the rules of the competition should occur when serious injury or death occurs. When polling law enforcement officers in the framework of the study, the following data were obtained: 40% of respondents believe that criminal liability should occur when causing grievous bodily harm or death, 35% of respondents - when causing moderate harm to health, 15% - when causing - slight harm to health. When questioning scientists in the field of criminal law and criminology, the following results were obtained: 20% of respondents believe that criminal liability should occur when causing minor harm to health, 70% - when causing moderate harm to health, 10% - when causing serious harm to health or of death.

At the same time, by the Federal Law of December 8, 2003 No. 162, the infliction of medium-gravity harm to health by negligence was de-criminalized, from the content of Art. 118 of the Criminal Code were excluded h.h. 3 and 4, which previously provided for liability for careless infliction of moderate harm to health. Thus, the legislator recognized that infliction of medium-gravity harm to health in the case of an imprudent form of guilt does not contain a public danger sufficient for a crime and is not a crime. We support the decision of the state authorities and also believe that the infliction of medium-severity harm to health by negligence does not represent the degree of public danger at which it is necessary to bring the guilty person to criminal responsibility. In this case, it is enough to restrict ourselves to administrative or civil liability.

Most of the prominent scientists-theorists of criminal law believe that in case of violation of the established rules of competition, resulting in death or serious harm to health, the persons guilty of such acts should be subject to criminal liability. However, there are disagreements regarding the qualification of such actions. For example, E.V. Bezruchko believes that “if there was harm as a result of a deliberate violation of the rules of the game, then the perpetrator should be held liable under Art. 118 of the Criminal Code of the Russian Federation for the careless infliction of grievous bodily harm, since there is a careless form of guilt to the consequences that have occurred. If an athlete, through negligence, violates the rules of the game, then only the sanctions provided for by the rules of the game can be applied to him. If the injury is caused not in connection with wrestling (for example, a fight on the court), then there is deliberate infliction of bodily harm. "

According to Yu. Bytko, A. Zhukov, V. Ilinykh, criminal prosecution is possible only in cases of gross violation of the rules of the competition and the presence of the guilty person's intent to injure the enemy or when he commits deliberate actions aimed at creating conditions that make it impossible to further participation of an opponent in competitions, as a result of which the opponent was injured Bytko Y., Zhukov A., Ilinykh V. Law and sport. Soviet justice. 1989. No. 19. S. 14 ..

A.N. Ignatov believed that criminal liability should arise only in case of deliberate harm to an opponent, not related to the conduct of the game, sports wrestling Ignatov A. Sport and criminal liability. Soviet justice. 1989. No. 7. P.28.

In the Course of Soviet Criminal Law, edited by A.A. Piontkovsky said that if an athlete deliberately violates the established rules of sports and causes bodily harm to his opponent, responsibility should be determined for causing bodily harm, on a general basis about responsibility for deliberately causing the corresponding bodily harm. If the bodily injury inflicted on the athlete was the result of the negligence of another athlete, then criminal liability should arise for the negligent infliction of the corresponding bodily injury. Krasikova, a careless violation of the rules of the competition, resulting in bodily harm, does not represent the degree of public danger for which criminal liability should be established, given the increased emotionality of athletes and the specific dynamism in sports. An exception may be the infliction of death as a result of a negligent violation of sports rules. In this case, responsibility should arise not for a crime against the person, but for a careless violation of the rules of the competition, which entailed the death of A.N. Krasikov. The essence and meaning of the consent of the victim in Soviet criminal law / Edited by Noah I. S. Saratov, 1976. S. 119 ..

M.D. Shargorodsky believed that if the person who caused the injury adhered to the existing sports rules, then the resulting result is accidental and criminal liability is excluded, but if these rules were intentionally or negligently violated, then criminal liability should take place on a general basis.

N.I. Zagorodnikov, SV. Borodin also believed that in case of deliberate violation of the rules of the competition, resulting in serious bodily harm or death, the person should be held criminally liable for. careless infliction of bodily harm or death Zagorodnikov N.I., Ignatov L.N. Crimes against the person. Tutorial. M., 1962.S. 39 ;.

Thus, all authors of works on this problem rightly agree in. the fact that when qualifying for causing harm to life or health in the process of playing sports, it is necessary to determine whether the established rules for this sport were intentionally or negligently violated, whether there was intent or negligence in relation to the consequences that occurred in the form of harm to health or life.

When qualifying a careless violation of the rules of the competition, which entailed bodily injury, we support the opinion of A.N. Krasikov, and we also believe that in such situations a person should not be criminally liable, since a careless violation of the rules of the competition does not represent the degree of public danger at which it is advisable to hold the person accountable more than provided for by the rules of the competition.

This was confirmed in the course of our survey of people professionally involved in sports, during which 90% of the respondents agreed with the need to introduce criminal liability only for deliberate violation of the established rules of the competition. This position is shared by 75% of the polled law enforcement officers, 40% of the polled scientists in the field of criminal law and criminology. Going in for sports itself involves a certain risk associated with the possibility of receiving or causing bodily harm of varying severity. In this case, bodily harm can be caused even if the established rules are observed. In the heat of a sports fight, violation of the rules occurs quite often, and various sports sanctions are provided for their commission.

In this regard, it is quite interesting to study aggressiveness in sports in the late 60s - early 70s of the 20th century, using the example of German football teams: aggressiveness (violation of the rules) in sports teams from a sociological and psychological point of view is “normal " phenomenon. In other words, the violation of the rules of the competition always takes place, due to the fact that in the process of playing sports a person experiences certain psycho-emotional stress and in some situations cannot fully control himself. Thus, the violation of the rules of the competition, sometimes, occurs unconsciously.

The question of qualification of causing death and grievous bodily harm as a result of careless violation of the rules of the competition remains controversial. In our opinion, such acts should be classified as crimes, and the perpetrators should be held accountable under the relevant article of the Criminal Code of the Russian Federation - Art. 109 -

In case of deliberate violation of the rules of the competition, resulting in death or grievous bodily harm, the person must be criminally liable. However, we do not agree with the opinion of A.A. Piontkovsky and M.D. Shargorodsky, who believed that if an athlete deliberately violates the established rules of sports and causes bodily harm to his opponent, then responsibility should come for deliberate harm to health. The foregoing, in our opinion, is true if the person guilty of intentional violation of the established rules has a prediction of the onset of socially dangerous consequences in the form of causing grievous bodily harm or death, that is, in the actions of the person there is intent aimed at causing bodily harm or death.

Thus, the athlete foresees the possibility of the onset of socially dangerous consequences in the form of harm to life or health as a result of violation of the rules of the competition, but without sufficient grounds for that, arrogantly counts on the prevention of these consequences - frivolity. “The criterion for assessing the insufficiency of the grounds put by the subject in the basis of his behavior is the objective onset of the predicted consequences with a subjective hope for their prevention. , foresees the possibility of the onset of socially dangerous consequences in the form of harm to life or health, does not want to, but consciously admits these consequences or treats them indifferently (indirect intent):

With indirect intent, the guilty person foresees a greater likelihood of the onset of criminal consequences, and with frivolity, the guilty person foresees the onset of these consequences to a lesser extent.

With intention, the perpetrator foresees specific consequences, and with frivolity, these consequences are presented in a general form.

With frivolity, the person foresees only the possibility, and not the inevitability of the onset of the consequences.

In case of frivolity, the perpetrator relies on specific circumstances that, in the opinion of the perpetrator, will allegedly be able to counteract the criminal result (the identity of the perpetrator, the situation in which the crime is committed, relying on the actions of others, an objective assessment of his own capabilities and abilities, etc.).

In case of deliberate violation of the rules of the competition, an athlete generally has a reckless form of guilt in the form of frivolity, due to the fact that with frivolity, a person, on the one hand, is aware only in a general form of the possibility of causing a criminal result, and on the other hand, there is no awareness the possibility of its real offensive in specific conditions, in view of an arrogant calculation, to prevent it. At the same time, the athlete does not have the necessary seriousness and thoughtfulness, attentiveness and foresight when performing an action.

With criminal frivolity, according to M.D. Shargorodsky, the culprit deliberately violates certain precautionary rules. In this case, a violation may be the result of:

deliberate criminal act,

actions prohibited by law, but not criminal,

an action prohibited by any rule,

actions contrary to scientific data and professional rules,

actions that violate the normal rules of precaution in a hostel, actions or occupation of a profession to which the person did not have the right Shargorodsky M.D. Crimes against life and health. M., 1948.S. 199.

In addition to deliberate violation of the rules of the competition, it is not uncommon for the rules of the competition to be violated through negligence. For example, in football, when tackling the ball, one of the players kicks the opponent's leg, thereby causing bodily harm. These actions are also prohibited by the established rules. In this case, the perpetrator does not foresee that his actions will harm the health of the opponent, since he tried to hit the ball. In addition, the athletes' shins are protected by special devices (shields) that reduce the risk of injury. However, with the necessary care and foresight, the culprit should and could have foreseen that by his actions he could cause bodily harm. This is based on the fact that the physical data, experience, skills of each athlete are different, and therefore, there is a high probability that blows can be applied not only to the ball, but also to the legs.

Thus, in the actions of the perpetrator there is a reckless form of guilt in the form of negligence.

N. D. Durmanov believed that “if the consequences are a constructive sign of the corpus delicti and the attitude towards the consequence was in the form of arrogance (now - frivolity, - AS) or negligence, then the entire crime should be recognized as committed through negligence” Durmanov N.D. Stages of committing a crime under Soviet criminal law. M., 1955.S. 122.

At the same time, careless bodily injury or death can be caused by both careless actions and deliberate actions with a careless form of guilt in relation to the consequences that have occurred Zagorodnikov N.I., Ignatov A.N. Crimes against the person. Tutorial. M., 1962, p. 39 ..

The current criminal legislation does not provide for liability for violation of the rules of sports competitions, which entailed harm to their participants, which, in my opinion, is a gap in the law, and the corresponding measures to combat violation of the rules of competitions are ineffective. A.N. Krasikov, who proposed introducing into the Criminal Code a norm that would provide for criminal liability for deliberate violation of the rules of the competition, resulting in bodily harm or death. The same opinion was expressed by V.G. Ivshin in his dissertation research Ivshin V.G. Criminal-legal and criminological problems of life and health protection of persons engaged in physical culture and sports. - Author's abstract. Cand. dis. Sverdlovsk, 1987.S. 9. 231 See: V. N. Kudryavtsev. On the unlawfulness of the crime. // Jurisprudence, 1959. № 1, p. 73 ..

Large fees for winning competitions provoke athletes to achieve victory at any cost. Thus, often there is a violation of the established rules of the competition, during which harm is done to life or health. Due with It is therefore advisable to bring the above-mentioned persons to criminal liability for intentional and gross violation of the established rules of the competition, causing harm to life or health. The specificity of criminal law is that it protects public relations from significant harm, regardless of whether these public relations are protected or not protected by the norms of other branches of law. A rather interesting position was taken by P.S. Dagel: “The knowledge that a violation of precautionary rules in the event of certain criminal consequences may result in criminal liability stimulates a more attentive and responsible attitude to one's behavior and compliance with precautionary rules. Even when the precautionary rules are unknowingly violated, the threat of punishment for negligence can increase a person's attention to the work being performed. "

To assess an act as criminal, that is, to establish an appropriate criminal law prohibition, the legislator must not only assess the public danger of the act, but also take into account a number of other conditions. These conditions (or the grounds for a criminal law prohibition) are developed by the science of criminal law, which studies the processes of identifying socially dangerous forms of individual behavior, recognizing the possibility and expediency of a systematic criminal law fight against them and fixing them in the law as criminal and criminally punishable.

The principles of criminalization include:

1. The criminalized act must be socially dangerous.

According to the data given by A.N. Krasikov, violation of the rules of the competition is directly proportional to the number of injuries, since any violation of the rules of the competition increases the risk of injury. This position was confirmed by the results of the statistical reporting of the regional medical and physical dispensary of the Penza region, obtained by us - the main cause of injuries among athletes is the violation of sports discipline (in 2000 - 60.8% of the total number of injuries, in 2001 - 60%, in 2002 - 57.3%).

2. The deed must have a fairly widespread occurrence. According to V.G. Ivshin's research, it is practically impossible to do sports without injuries Ivshin V.G. Criminal-legal and criminological problems of life and health protection of persons engaged in physical culture and sports. - Abstract of thesis, Cand. dis. Sverdlovsk, 1987. P.7 .. The greatest number of injuries occurs when the rules of the competition are violated.

3. The expected positive consequences of criminalization must exceed its negative consequences.

The introduction of criminal liability for intentional violation of the rules of the competition, resulting in death or serious bodily injury, will minimize, in our opinion, the manifestation of rudeness and violence on the sports ground, and, as a result, will reduce the number of injuries. The existing measures to counteract the violation of the rules are quite liberal, therefore, ineffective. In particular, for violation of the rules of the competition, the most severe punishment contained in the rules provides for the disqualification of the athlete, that is, his suspension from participation in the competition for a certain period of time.

4. Criminalization of an act must not contradict the Constitution of the Russian Federation, current law and international agreements of the Russian Federation. The Constitution enshrines the human right to life and health, thus, the state must create conditions for the protection of these rights.

5. Criminalization should not contradict moral norms.

The norms of morality mean a set of norms that determine human behavior in society. Any deviation from the generally accepted behavior is condemnation, both from the point of view of morality and morality. But moral condemnation does not always have an impact on the behavior of the subject, in connection with which, there are rules of law that prohibit this behavior under the threat of punishment. Violation of the rules of competition is a deviation from generally accepted behavior, and the norms of moral condemnation in this case are ineffective.

6. Criminalization must be carried out in procedural and forensic aspects, that is, the prohibited act will be possible to disclose and investigate by legal legal means.

To establish the signs of the corpus delicti proposed by us, including to determine the fact of violation of the rules of the competition, it is advisable to create an expert commission from the composition of persons professionally involved in the sport where the violation was committed, and professional judges in this sport, which, by examining the case materials ( video recording of the competition, explanations of the participants, judges) will come to the conclusion that the rules of the competition have been violated or not. These persons will act as specialists in the investigation of the criminal case.

According to the data of the medical and physical dispensary of the Penza region, there is no significant decrease in the number of injuries in athletes, these figures were given above. From this, it can be concluded that the measures currently applied to counter violations of the rules are ineffective.

In the theory of criminal law, there is also a system of "principles of non-criminalization", which was developed by a professor at the University of Rotterdam Hulsman. This system has been recognized by both foreign and domestic experts. An act should not be prosecuted if:

is committed mainly in groups of the population subjected to discrimination and discrimination,

by its very nature, it may become apparent not on the basis of a simple statement or complaint, but only as a result of an active investigation initiated by the police,

is too common in the eyes of the population,

occurs, as a rule, only in connection with a social upheaval,

done by too many people

not amenable to precise definition,

occurs primarily in private life,

is sincerely regarded by a significant part of the population as permissible.

The analysis of these principles leads to the unequivocal conclusion that harm in sports by grossly violating the rules of competition is an act that must be criminalized, since none of the "principles of non-criminalization"

The assumed norm, in my opinion, should look like this:

Art. 239-1 of the Criminal Code of the Russian Federation. "Violation of the sports rules of the competition."

1. A gross violation of the sports rules of a competition by a person involved in sports, which, through negligence, has entailed the infliction of grievous bodily harm - shall be punishable by a fine of up to 100,000 rubles or by restraint of liberty for a term of up to 4 years or imprisonment for a term before two years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years.

2. The same act that negligently entailed the death of a person - shall be punishable by restraint of liberty for a term of up to five years or imprisonment for a term of up to 3 years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

3. The act specified in part one of this article, which negligently entailed the death of two or more persons, is punishable by imprisonment for a term of up to 5 years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

It is advisable to place this article in Ch. 25 of the Criminal Code of the Russian Federation "Crimes against public health and public morality", due to the fact that sport, being an integral part of physical culture in our country, is a specific type of public relations aimed at strengthening public health and harmonious human development. Any violation in the field of the established competition rules will negatively affect both the physical and moral development of a person, due to the fact that injury, as a rule, is proportional to the violation of the competition rules. The behavior of an athlete on the site, which is in sharp contradiction with the established rules of the competition, will discourage many people from engaging in this sport, which, in turn, will have a detrimental effect on the popularization of the sport. Thus, the object of this corpus delicti will be public relations, which provide the opportunity for every citizen to engage in physical culture and sports in conditions safe for life or health. The immediate object of the proposed composition are the conditions for the safety of life and health of persons involved in sports, which, in turn, are established by the rules of the competition.

The objective side consists in a gross violation of the rules of the competition, which, through negligence, resulted in the infliction of grievous bodily harm or death.

A gross violation of the rules of the competition should be understood as actions in which a clear violation of the rules occurs, obvious to everyone, as a result of which grievous bodily harm or death occurs. The disposition is blanket, that is, in order to prosecute, it will be necessary to refer to the rules for holding competitions in a particular sport, approved by the Federal Agency for Physical Culture and Sports or the relevant committees of the constituent entities of the Russian Federation. The crime will take place only upon the occurrence of consequences in the form of grievous bodily harm or death. In this case, it is necessary to establish a causal relationship between the violation of the rules of the competition and the consequences that have occurred.

The subjective side of the crime should be characterized by a careless form of guilt in the form of frivolity or negligence. The perpetrator foresees the possibility of causing death or grievous harm to human health as a result of violation of the rules of the competition, but without sufficient grounds for that, he presumptuously expects to prevent such harm (frivolity), or does not realize the social danger of this violation, does not foresee the possibility of causing the specified harm, although if necessary care and foresight should and could have foreseen this (negligence).

In cases where to The culprit treated the consequences deliberately: knowingly admitting them or treating them indifferently (indirect intent), or violation of the rules of the competition was a way to achieve the criminal result that came about (direct intent), - his actions are subject to qualification under the relevant articles of the chapter on crimes against life and health. According to Art. 20 of the Criminal Code of the Russian Federation, the general age of criminal prosecution is 16 years. At the same time, according to Part 2 of this Article, criminal responsibility for certain elements of a crime begins from the age of 14. The legislator singles out these acts, guided by the following grounds:

traditionality,

relatively high degree of public danger,

prevalence among minors,

a measure of social tolerance for deviant behavior in adolescents.

At the same time, the legislator also takes into account the ability to realize not only the very fact of violation of the law, but also the social value of observing the relevant prohibitions. what is bad, in which cases his actions can harm other people and society. Before reaching a certain level of development, which comes only with age, children are still not sufficiently developed mentally, they are not always able to understand the social significance of their actions, critically evaluate them, and therefore bear responsibility for them. From the age of 14, adolescents are subject to criminal liability only for 20 crimes (Art. 20 h, 2 of the Criminal Code of the Russian Federation), of which 19 are intentional, and one is Art. 267 of the Criminal Code of the Russian Federation "Disabling vehicles or communication lines" - careless. The corpus delicti proposed by us is imprudent, while the degree of public danger in Art. 267 of the Criminal Code of the Russian Federation is significantly higher than in the analyzed composition. Proceeding from this, the age of the subject from which criminal liability would arise according to this norm, in our opinion, should be set at 16 years. Awareness of the public danger of violating the rules of the competition also, in our opinion, comes with the achievement of 16 years,

This composition is somewhat different from the compositions previously proposed by A.N. Krasikov and V.G. Ivshin. So, in particular, V.G. Ivshin pointed out the need to bring to criminal responsibility all persons whose duties included ensuring the safe conduct of competitions and training sessions Ivshin V.G. Criminal-legal and criminological problems of life and health protection of persons engaged in physical culture and sports. - Author's abstract. Cand. dis. Sverdlovsk, 1987. P. 9..

A.N. Krasikov believed that athletes who caused minor bodily harm by deliberately violating the rules of the competition should be subject to criminal liability, while earlier these persons had already been brought to disciplinary punishment in the form of disqualification Krasikov A.N. The consent of the victim as a circumstance excluding criminal responsibility and punishability of the act under Soviet criminal law. - Author's abstract. Cand. dis. Saratov, 1972, p. 16.

Summing up, it can be stated that in case of harm to life or health in the course of sports competitions, it is possible to bring the perpetrators to criminal responsibility. Criminal liability will take place if one of the participants in the competition grossly violates the established rules for this sport and at the same time causes harm to life or health. Persons involved in the training of athletes and athletes, that is, coaches, instructors, teachers, etc., are also subject to criminal liability. or persons exercising medical control in sports, in case of violation of generally accepted norms and standards in this type of activity, as a result of which harm to life or health is caused.

annotation... The article examines the main features of tort liability in the field of sports, indicates the need to apply civil law enforcement measures, taking into account the nature and characteristics of sports legal relations. The concept of tort liability in the field of sports is revealed, the use of this term in the field of civil law is proposed. The paper defines the terms of obligations arising from the infliction of harm.

Keywords: tort liability, sports relationship, participant in a sports event, violation of the law.

Today sport is one of the priority areas in the life of our country. Much attention on the part of the state and society is paid to the comprehensive development of the sports movement. A significant impetus has taken place in the creation of sports infrastructure: stadiums, training complexes, sports schools, etc. are being built. The increased attention to the sports field has served as the basis for the development of a new area of ​​law - sports law. Legislation in the field of sports relations is being formed. The aspects of tort (non-contractual) liability, which, due to the increased attention of lawyers to administrative, disciplinary, civil liability, have not been sufficiently studied so far. Tort liability in sports has a number of specific features that distinguish it from the traditional understanding of the obligations to inflict harm, enshrined in the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation). Provisions on tort liability are set out in Chapter 59 of the Civil Code of the Russian Federation "Obligations as a result of causing harm". The essential signs of a tort are associated with the fact that harm caused to the person or property of a citizen or legal entity is compensated in full by the inflictor of harm (clause 1 of article 1064 of the Civil Code of the Russian Federation). Compensation for personal injury is a universal civil law method of protecting violated rights.

One of the first features of non-contractual obligations in the field of sports, which distinguishes this obligation from the general understanding of tort, is the specific subject composition: these are athletes, coaches, medical personnel, legal entities, organizers of a sports show, as well as sports societies, physical culture and sports organizations. The listed subjects can equally act both as victims and as inflicters of harm.

As for the object of tort liability in the field of sports, it consists in the presentation of the claims of the victim to the debtor for the restoration of the violated right, but, unfortunately, in the theory of civil law, the object of the offense is presented only in general terms.

To determine the content of tort liability in the field of sports, it is necessary to characterize the main conditions for its occurrence. These are the requirements that should be included in any civil offense in the field of sports. The main criteria for the occurrence of a non-contractual obligation are:
- unlawfulness of action (inaction);
- a causal relationship between action (inaction) and harm;
- the fault of the inflictor.

It is clear that for a tort obligation to arise, it is necessary to comply with all the conditions listed above, however, in sports legal relations, tort obligations arise even in the absence of any condition, since a tort in sports is most often born due to inattentive, careless actions of the subject. Participants in sports events are most injured unintentionally, therefore, the analysis of harm, as well as measures of responsibility, is a controversial issue. This area is subjective in nature, since most of the torts are caused by injuries received by players, which are the result of violations of the rules of a particular sport. Having analyzed the actions of any athlete in violation of the rules, it can be concluded that if there is a corpus delicti in his actions and the need to compensate for the damage, the latter does not actually occur. Everyone knows that sport is such an area of ​​life that cannot do without injuries, since any participant in sports competitions is always associated with the risk of getting them.

To establish whether a participant in the competition has committed a tort and whether he has an obligation to compensate for harm, subjective assessment methods are used. An athlete can be found guilty of a civil offense if it is established that there is a gross, willful act in his actions aimed at causing harm to the health of an opponent. If the violation and subsequent injury are insignificant, then the actions of any participant in sports events will be considered lawful.

An important feature of relations in the field of compensation for harm in sports is that an athlete, participating in competitions, acts on the basis of a civil or labor contract concluded with a sports society, a sports organization or the organizer of the competition. Consequently, an organizer, a sports society or a sports organization can act as employers and are responsible for compensation for harm (Article 1068 of the Civil Code of the Russian Federation) in the event of damage to a person or property.

But such a situation is possible only if there is an employment agreement between the parties. As a result, this leads to the responsibility of the employer under labor law, but he can turn to the direct culprit in the course of recourse.

Consider another case when a civil agreement is in force between the parties in the field of sports relations. In such a circumstance, the person who directly caused the harm will be responsible. However, this legal position does not fully meet the needs of the sports movement. This situation in the field of sports does not allow to fully restore the violated right of an athlete or other participant in a sports show. This is due to the fact that it is almost impossible to bring to justice the person who is the direct cause of harm. In our understanding, responsibility for compensation for damage should be borne by the organizer of the competition, regardless of who actually caused the harm. For example, in 2012, as part of the 16th round of the Russian Football Premier League, at the match between the Dynamo and Zenit teams, a spectator threw a firecracker on the football field, as a result of the explosion of which the Dynamo goalkeeper received a chemical burn corneas, eyelids and then conjunctivitis of both eyes and post-traumatic otitis media of the right ear. In accordance with civil law, responsibility for causing serious injury to health should be attributed to the person who threw a dangerous object onto the football field. Considering that every match is attended by thousands of spectators, it is almost impossible to identify the violator. In this regard, it is necessary to assign responsibility for compensation for harm to health to the organizer of the sporting show, since he did not ensure the proper safety of the match.

Thus, it is virtually impossible for an athlete to receive compensation for damage caused by the actions of spectators, which is due to the imperfection of the current legislation and the absence of the necessary legal norms in it, confirming the person's right to compensation for the harm suffered.

Another element for understanding tort in sports is sporting responsibility. Injuries received at sports competitions may be due to the current rules of the game and the injury hazard of a particular sport.

A participant in a sporting event, under certain circumstances, may be injured from the actions of an opponent, but the opponent may also be innocent. Participation in some sports sometimes involves some form of injury. Football is one of the most traumatic sports. Here is one example of harm in this sport. In the fight for the ball, two athletes collided, as a result of which one of them received a head injury. It is obvious that the injury is caused by the actions of the opponent and there is a direct causal relationship, however, the actions of the harm-doer are not related to his personal responsibility, since the damage is caused by the peculiarities of this game and is associated with unintentional, careless actions. In such cases, the issue of prosecution is evaluative and subjective.
Thus, in sports legal relations, the damage caused does not always have the character of a tort. According to E.V. Poghosyan, “the peculiarity of harm caused during sports competitions is that it, as a rule, does not have a tort origin”.

In the process of determining the non-contractual liability for causing harm received at sports competitions, it is necessary to take into account the degree of guilt of the inflictor of harm and, depending on this, make a decision on bringing him to civil liability. It is necessary that the competent authority (disciplinary committee, court, etc.) establish the fact of deliberate or accidental violation of the rules of the competition. However, deliberate harm caused to a participant in a sports competition is not subject to compensation if his consent was obtained for the possibility of injury during the preparation of the event.

Based on the study, it seems possible to determine the key features of tort liability in the field of sports, which are as follows:
1. The presence of a specific subject composition - participants, organizers of sports competitions, etc.
2. Violation of the rule of law and the actual infliction of harm on a person or property, under certain conditions, do not entail obligations to compensate for harm.
3. A high degree of subjectivity in evaluative categories when determining the type of civil offense.
4. The presence of a special kind of legal relationship - sports and legal.
5. The presence of such a factor as a gross violation of the norms of legislation and the rules of certain kinds of sports, which forms a delicate responsibility.

Taking into account all of the above, it is possible to give a definition of a tort obligation in the field of sports - this is a civil obligation under which an injured participant in a sports event, taking into account the specifics of a particular sport, has the right to demand from another participant, the tortfeasor, full compensation for personal and sometimes property harm caused by gross violation of legal norms, as well as the rules of certain sports. Consequently, for the onset of non-contractual civil liability, in addition to a formal violation of the rule of law, it is necessary to have significant deviations from the rules of a particular sport and other legal norms.

Accordingly, one of the key tasks of modern non-contractual responsibility in sports is the restoration of the violated right of an athlete with an obligatory reference to the sport and its characteristic features. It is necessary to provide for a mandatory procedure for the consideration of sports disputes that are related to non-contractual obligations. The review should take place before the jurisdictional authorities and the national physical culture and sports organizations.

BIBLIOGRAPHY

1. Civil law: textbook / S. S. Alekseev, B. M. Gongalo, D. V. Murzin [and others]; under total. ed. Corresponding Member RAS S. S. Alekseev. - 2nd ed., Rev. and add. - M.: Prospect; Yekaterinburg: Institute of Private Law, 2009. - 528 p.
2. Pogosyan, E. V. Forms of sports dispute resolution: monograph / E. V. Pogosyan. - M.: Walters Kluver, 2011 .-- 160 p.
3. RBC-sport: [site]. - Electron. Dan. - Access mode: http // www.sport.rbc.ru. - Title from the screen.

Bulletin of the Volgograd State University. Series 5. Jurisprudence. 2013. No. 3 (20)

LEGAL LIABILITY IN SPORT

Sport is one of the types of human activity. A large number of people are involved in it in one form or another. Participants in sports life can be roughly divided into the following categories:

Amateur athletes;

Professional sportsmen;

Trainers;

Heads of sports organizations;

Sports organization owners;

Sports regulatory authorities;

Government bodies;

Fans (spectators).

Like other types of social activities, sports relations are subject to legal regulation by the state. At the same time, self-regulation is also inherent in sports, that is, the establishment of a certain order of relations on a voluntary basis, not provided by the force of state coercion. One of the basic principles of the existence of human civilization is the voluntary observance by citizens and organizations of the norms of morality and law. The less the state is forced to interfere in the relations of people, the higher the legal awareness of society.

Speaking about legal responsibility, it is necessary to understand that it occurs only if an individual or legal entity commits actions, contradicting the norms of law for which liability is provided.

By types, legal responsibility is divided into: criminal law, civil law, administrative, disciplinary and material.

Responsibility is characterized by the following main features:

It is provided by the force of state coercion;

Occurs only in the event of an offense;

Always expressed in negative consequences for the offender.

Since the issue of legal responsibility is wide enough and affects various strata of society, for a start we will try to limit this topic to the framework of the coach-athlete (student) relationship.

Let's start with the coach. From a legal point of view, by a coach, we mean only that person who has the official status of a person who has the legal right to carry out coaching activities. In addition to special training, at least sports training, he must also have a special education. But this is not enough either. He must carry out his activities on a contractual basis with an organization or an individual entrepreneur. Ideally, we are talking about an employment contract, which clearly states that his job responsibilities include the training process for a specific training program for athletes. Again, ideally, in an employment contract, mutual rights and obligations should be spelled out in as much detail as possible. Detailing the relationship will make it possible, in the event of a conflict situation, to clearly determine the party who should be responsible for harm caused to someone's interests in the process of fulfilling the employment contract.

The current legislation also allows the conclusion of a civil contract on the same subject. In this case, the relations of the parties will be governed by the norms of not labor, but civil law.

In the agreement, it is necessary to define as clearly as possible the scope of responsibilities of the parties in the training process. So, it seems very important to fix the process of admitting athletes (students) to classes. It is not only the achievement of a certain age by the student that matters, but also the state of his health. We all understand that absolutely healthy people do not exist, but this does not mean that all of us are contraindicated in sports. Another thing, it is important both for the student himself and his coach, to correctly determine the possible degree of load. A medical examination is indispensable here. Therefore, it is always necessary to remember that in no case should a student be allowed to train before a medical examination. Do not reassure yourself that your parents do not mind playing sports. The fact is that the educational and training process is a specific type of activity, and people with special knowledge that parents do not always have are allowed to organize it. Therefore, in order to avoid conflict situations for a coach and a sports club, a simple rule should be law - you enter the gym only with a medical certificate.

A little about the medical examination. Ensure that the doctor's certificate clearly states that there are no restrictions on classes, namely this kind sports. In addition, it would be nice if the certificate indicated when the next examination is necessary. In any case, this period should not exceed one year. In the process of training, the trainer must control the frequency of medical examinations and prevent students from training who have not passed the examination on time.

It seems that it is advisable to carry out such examinations before the competition, when the athlete's body is brought up to peak loads. Taking into account the increased emotional background, physiological failures are possible, which must be prevented in time. Preserving the health of an athlete is not only a legal obligation of the coach and the club, but also the direct interest of the latter in the duration of the student's sports life and his achievements.

Safety is an important aspect of the learning process. Here it must be borne in mind that there are general safety requirements regardless of the sport. Ideally, such rules should be developed and communicated to each student. under the signature... The rules should mainly contain information about what should not be done, that is, contain prohibitive provisions... For example: do not come to class in case of illness or even mild ailments; do not hide the presence of health problems from the coach; do not start classes in the absence of a coach; work with sports equipment only in specially designated places and with the permission of a coach, etc. The presence of such rules will significantly reduce injuries.

In addition, safety precautions should be developed and observed in the training process, taking into account the specifics of both a particular sport and the performance of special exercises (techniques). As an example, we can cite the rules for performing painful holds, the prohibition on carrying out certain techniques, etc.

By and large, we can say that any injury to an athlete is the result of a coach's flaw.

We note separately that it is completely unacceptable to hide the facts of injury students. And here it is not only about the parents, whom, of course, the coach must personally inform about such cases. This will allow you to maintain a trusting relationship with both the student and his parents. But we are also talking about medical institutions. In case of the slightest doubt about the severity of the injuries, it is necessary to immediately provide first aid to the student and immediately send him to the emergency room (hospital). You should not hide the circumstances of the injury, because this can lead to inappropriate treatment and aggravation of the situation. And in the event of a serious injury - entail the responsibility of the coach or the club.

From the above it follows that the coach under any circumstances must personally supervise the training process, have minimal skills in first aid in case of injuries, and have a first-aid kit at his disposal.

When holding sports competitions, this issue must be taken even more seriously. It is necessary to ensure the constant presence of a medical team.

It is impossible not to say about the injuries that are caused during the competition. It is advisable to instruct athletes immediately before the competition and do it not formally. An increased emotional background reduces the student's self-control, and here the coach (judge) must be especially careful. We see how, during martial arts tournaments, the referee reminds the fighters before each fight about which techniques are prohibited and that they must strictly follow the referee's commands. There are frequent cases of severe injury as a result of either the referee's sluggishness, or the fighters' failure to execute his commands. And here for the judges the safety of the athletes should be at the forefront - it is better to stop the fight earlier, but to exclude injury, than to rely on the fighter, who himself will give the sign of surrender in time.

In continuation of this topic, a few words about the students (athletes). It must be clearly borne in mind that athletes are conditionally divided into two categories: professionals and amateurs. If we talk about the first, then, as we understand it, they carry out their activities within the framework of an employment contract, and, in fact, are employees who have both their rights and obligations. This topic is covered in detail in the lecture on labor relations in sports.

As far as amateur athletes are concerned, there are several legal aspects to be noted. Before a student starts classes, usually a conversation takes place between him and the coach, during which the student receives information about the conditions of admission to training, general requirements, etc. The coach, in turn, receives primary information about the personality of the future student, including the state of his health, the purpose of the classes, etc. Maximum confidence contributes to a comfortable infusion of the student into an already established team. The second stage can be considered as passing a medical examination by a candidate for training and admitting him to classes. The admission process assumes mandatory familiarization with safety regulations. Compliance with these rules by other learners contributes to the fact that the new learner perceives them as strictly mandatory requirements. In the course of the educational and training process, the coach is obliged to carry out systematic monitoring of the state of health of the students. An external examination before the start of classes and a short conversation does not take much time, but this is enough to assess the physical and emotional readiness of athletes for training. At the slightest doubt about the student's ability to train at full strength, the coach is obliged to reduce the individual load and carefully monitor the process of his training in order to prevent injury. It is not at all necessary to be suspended from training unless absolutely necessary. The attention and care for the student will bear fruit.

As already mentioned, in the event of injury during training, the trainer's direct responsibility is to personally participate in providing first aid. In the event of the slightest doubt about the severity of the injury, it is necessary to arrange for the provision of medical professional assistance. We remember how many cases have already happened, even in amateur sports, when seemingly not dangerous injuries led to disastrous consequences solely due to the untimely provision of medical care. In this regard, the coach must always remember that legal responsibility for adverse consequences almost always rests solely with him. And here we are talking not only about moral responsibility to parents and relatives. But it’s about the legal one.

As you all should be aware, according to the current rules, medical workers are obliged to inform the internal affairs bodies about all cases of harm to human health caused by the actions of others. And at the same time, the victim's explanations are not taken into account, but only recorded in the medical record. Therefore, you should never ask an athlete to tell the emergency room that he fell on the street. If deception is revealed in the future, there will be an increased demand from the coach. Unfortunately, it is not uncommon for an investigation to establish that the coach is guilty of an injury received by a student. And it's not just about mandatory medical examination. Even the nature of the last training session may matter here. If it turns out that the student was late for the warm-up, and almost immediately started the main part of the training (fights), during which he got a tendon rupture - well, who would not agree that the coach's fault is obvious? The same applies to injuries sustained during the coach's absence from the gym. Leaving students unattended, especially when it comes to minors, is unacceptable.

We will look at other aspects of legal liability in sports later.

• 25 February 2013

• 5 March 2013

Tell us about the responsibility, rights and obligations of the head of a sports organization.

After all, for a coach to be responsible, he must first become one, i.e. he must become the subject of civil and labor relations.

Therefore, and as it seems to me, the scheme should first be built as an employer-employee (director-coach), and only then an employee-client, a consumer of sports services, a purchaser of services, etc. as you wish.

After all, legal relations begin with the employment of a sports specialist, the conclusion of a contract, according to which the rights and obligations of the parties are stipulated. Accordingly, the legal liability, which you mentioned earlier, may arise in the event of improper fulfillment of the obligations of the parties to the labor contract.

Therefore, this topic of discussion is more necessary, at the first stage, for the heads of federations as employers, and they, in turn, must conduct briefings with the instructors and coaches hired, for which the latter must sign in a special magazine.

• 5 March 2013

Everything is somehow crumpled, and the duty of the judge at the competition and the duty of the coach during training and competition, and nothing in particular. The organization of the competition, including the responsibility of the organizers, should be covered in a separate chapter. The rights and duties of the chief judge of the competition. The procedure for passing a medical examination for all stages, including before attending the first training session and admission to the competition. There are regulatory documents, Roskomsport regulations on organizing the training process and holding sports events, methods have been developed since Soviet times. Everything has already been invented, and brought into the state of law. :)))))))))))