Ppe-trial settlement of individual labor disputes in the sphere of sport: status and development trends

Abstract

Discusses the establishment of the organizational and legal support of pre-trial settlement of individual labor disputes in the field of sports. The thesis is advanced that, as a rule, in individual labor disputes in the field of sports, the injured party applies for the protection of their rights to the jurisdictional authority of the sports federation for the relevant sport. At the same time, Russian legislation does not establish a legal definition of the term “jurisdictional authority of a sports federa-tion”. Moreover, with respect to this body, there is no right enshrined in labor legis-lation to consider and resolve individual labor disputes, since art. 382 of the Labor Code of the Russian Federation establishes that such disputes can be considered only by labor dispute commissions or the courts. The author analyzes the legal model of the institute for the resolution of individual labor disputes in the field of sports, during which the question is raised whether the jurisdictional bodies of sports federations can be qualified as commissions for labor disputes. The author also draws attention to paragraph 11 of part 1 of article. 36.3 of the Federal Law “On Physical Culture and Sport in the Russian Federation”, which considers the consideration of individual labor disputes in the field of sports to be within the competence of the arbitration court in the framework of arbitration (arbitration) in professional sports and sports of the highest achievements, which also contradicts Art. 382 of the Labor Code of the Russian Federation. Finally, in order to eliminate the conflicts and gaps in the law, it is proposed to introduce appropriate changes in the labor and sports legislation.