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Vol. 39, Nº 70 (2021), 742-756
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 26/06/2021 Aceptado el 14/08/2021
Legal regulation of illegal inuence on
the results of ocial sports competitions:
criminal aspect and international experience
DOI: https://doi.org/10.46398/cuestpol.3970.44
Mykola Yemov *
Inna Yemova **
Viacheslav Harkusha ***
Nataliia Cherniak ****
Nina Holenko *****
Abstract
The purpose of the research is devoted to the criminological
description and explanation of the state of illegal inuence on
the results of ocial sports competitions in Ukraine. A reading
of the high level of latency of crimes according to article 369-3 of
the Criminal Code of Ukraine, evidence that it is at least 99% of
its real level. The structure of match manipulation was revealed
and analyzed according to the type of sport, the method of illegal inuence
on the results of ocial sports competitions, as well as the subjects of
bribery. The characteristic of the corresponding structural units is given.
Methodologically, the basis of the research is the dialectical method that
serves to interpret social and legal phenomena through documentary
sources. It is concluded that the most intense criminal match-xing is
practiced in sports such as football, futsal, basketball, and volleyball. Among
the ways to encourage athletes to commit illegal acts, bribery predominates
(75%). At about the same level in terms of prevalence with small uctuations
in specic weight are structurally found ways to inuence athletes such as
incitement (10%) and conspiracy (8%).
* Mykola Yemov, Doctor of Science in law, Assistant Professor, Assistant Professor Dnipropetrovs’k
State University of Internal Aairs, Dnipro, Ukraine, Ukraine. ORCID ID: https://orcid.org/0000-
0003-3964-798X. Email: emovnick@gmail.com
** Inna Yemova, Candidate of Legal Sciences, Associate Professor Associate Professor of the Department
of Criminal Law Disciplines and Law Enforcement of the University of Customs and Finance, Dnipro,
Ukraine. ORCID ID: https://orcid.org/0000-0003-4591-9734. Еmail: inka_vitaminka@i.ua
*** Viacheslav Harkusha, Candidat of Science in law, Docent at the Department of Administrative Law,
Process and Administrative Activity, Dnipropetrovsk State University of Internal Aairs, Ukraine.
ORCID ID: https://orcid.org/0000-0003-0982-0825. Email: garrkushavyaceslav@gmail.com
**** Nataliia Cherniak, Associate Professor, Department of Criminal Procedure, Dnipropetrovsk State
University of Internal Aairs 26 Gagarin Ave., Dnipro, 49005, Ukraine. ORCID ID: https:/orcid.
org/0000-0001-9494-7016. Email: Cherniak_nat@i.ua
***** Nina Holenko, Candidate of Science in law, Associate Professor of Special Physical and weapons
training of Kherson Faculty, Odessa State University of Intemal Aairs, Kherson, Ukraine. ORCID:
https://orcid.org/0000-0001-8743-4765. Email: nino4ka.golenko@ukr.net
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Keywords: sports; ocial sporting events; inuence on results;
corruption; bribery.
Regulación legal de la inuencia ilegal en los
resultados de las competiciones deportivas ociales:
aspecto penal y experiencia internacional
Resumen
El propósito de la investigación está dedicado a la descripción
criminológica y la explicación del estado de inuencia ilegal en los
resultados de las competiciones deportivas ociales en Ucrania. Una
lectura del alto nivel de latencia de los delitos según el artículo 369-3 del
Código Penal de Ucrania, evidencia que es al menos el 99% de su nivel
real. La estructura de la manipulación de partidos fue revelada y analizada
según el tipo de deporte, el método de inuencia ilegal en los resultados
de las competiciones deportivas ociales, así como los sujetos de soborno.
Se da la característica de las correspondientes unidades estructurales.
Metodológicamente la base de la investigación es el método dialéctico que
sirve para interpretar fenómenos sociales y jurídicos mediante fuentes
documentales. Se concluye que el amaño de partidos delictivo más intenso
se practica en deportes como el fútbol, el fútbol sala, el baloncesto y el
voleibol. Entre las formas de incentivar a los deportistas a cometer actos
ilícitos, predomina el soborno (75%). Aproximadamente al mismo nivel en
términos de prevalencia con pequeñas uctuaciones en el peso especíco
se encuentran estructuralmente formas de inuir en los atletas como la
incitación (10%) y la conspiración (8%).
Palabras clave: deportes; eventos deportivos ociales; inuencia en los
resultados; corrupción; soborno.
Introduction
The only special legal norm that provides for criminal liability for illegal,
in fact corrupt inuence (although according to the note to Article 45 of the
Criminal Code of Ukraine this is not the case, but in the criminological sense
and meaning is fully embedded in the understanding of the essence and
manifestations of corruption, and especially in the light of the provisions of
the Law of Ukraine “On Prevention of the Inuence of Corruption Oenses
on the Results of Ocial Sports Competitions”) on the results of ocial
sports competitions is Art. 369-3 of the Criminal Code of Ukraine, which
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Mykola Yemov, Inna Yemova, Viacheslav Harkusha, Nataliia Cherniak y Nina Holenko
Legal regulation of illegal inuence on the results of ocial sports competitions: criminal aspect
and international experience
provides for liability for the so-called match-xing - the organization of
sports competitions with a predetermined result. The criminal law was
supplemented by it on 03/11/2015, and it denitely is grounded; all the
necessary grounds were and are available and the basic principles of
criminalization of relevant socially dangerous acts. Therefore, it is worth
talking about the four-year period of socially demanded eect of this norm,
but at the same time the results of its application are very modest. Domestic
sport has not been properly cleansed of the destructive and harmful eects
of match-xing. This phenomenon remains largely latent, but at the same
time large-scale. Identication, description, and explanation of the main
indicators of the prevalence of crimes under Art. 369-3 of the Criminal
Code of Ukraine is, therefore, an important condition for improving the
eectiveness of law enforcement and criminal prevention practice.
1. Literature review
Modern sport needs private legal mechanisms of regulation, because
they provide the best way to protect the rights of individuals and legal
entities — participants in relations in the eld of sports (Tkalych et al.,
2020). Law, as a unique social phenomenon, arises with the emergence
of the state, because an indispensable attribute of any legal norm is the
possibility of using state coercion in case of noncompliance with its
instructions (Tkalych et al., 2020). As social relations in the eld of sports
became more complicated, there was an increasing need for their proper
legal regulation (Kharytonov et al., 2021).
2. Material and methods
The methodological basis of the study are philosophical, general, and
special scientic methods. Thus, the system-structural method made
it possible to formulate the main elements of legal regulation to combat
corruption in sports in their combination and interaction.
Further, the application of the comparative-legal method was useful
in analyzing the dierences between national and international law in the
ght against corruption, in particular in sports. The formal-legal method
has proved its eectiveness in studying the content of legal norms in the
aspect of combating sports corruption.
Moreover, the method of analysis is reected in the study of
manifestations of sports corruption and legal regulation, which is
responsible for combating such manifestations. The method of synthesis
was used to nd the best ways to develop anti-corruption legislation, to
formulate conclusions on the subject of research.
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What is more, the method of deduction has proved itself in the study
of the specics of anti-corruption norms as a reection of the general
principles of the legal systems of foreign countries.
Finally, the method of induction provided a generalization of the
research topic based on scientic developments, in particular, empirical
data on the prevalence of corruption in sports and law enforcement of anti-
corruption legislation.
Concerning the elaboration of the problem in scientic sources and
other literature, it should be noted at once that most of the research in this
area of knowledge is primarily articles in the media based on the results of
journalistic investigations. Therefore, it has become common practice to
use them when quoting in scientic papers.
3. Results and discussion
During 2015-2019 and 6 months of 2020, only 6 cases of criminal
inuence on the results of ocial sports competitions were registered. Of
these, 2 - in 2016, 3 - in 2019 and 1 - in January - June 2020. In two of these
six proceedings, the pre-trial investigation was suspended in accordance
with Art. 280 of the Criminal Procedure Code of Ukraine: one at a time - in
connection with the illness of the suspect and in connection with the failure
to establish the location of the suspect. It should also be emphasized that
no verdict has been passed in these proceedings. Therefore, investigative
and judicial statistics on this category of crimes are not representative,
but indicative, in understanding the symptomatic miscalculations in the
reformist progress of law enforcement.
Even a cursory content analysis of media reports reveals a wide
prevalence of crimes under Art. 369-3 of the Criminal Code of Ukraine.
Here are just a few examples.
According to the statement of the chairman of the committee on ethics
and fair play of the Football Federation of Ukraine (now - the Football
Association of Ukraine) F. Baranka, the football club “Sumy” systematically
engaged in two types of match-xing - bribery of referees or opponents.
After that, they bet on their victory. In fact, it was an investment. When
“Sumy” won, and the rate brought income. But when they didn’t pay the
referees and gave in, they played against themselves “in the oce”. That is,
“Sumy” earned both on their victories and on their defeats (Baranka, 2019).
In the situation with Sumy, bets were made both in Ukraine and abroad.
But in most cases, this happened in Asian bookmakers markets. If we talk
about the scale of earnings on these transactions, then according to the
most modest estimates, it is about 10 million euros (Baranka, 2019). In one
and a half years, the club has played 30 contract matches (Baranka, 2019).
746
Mykola Yemov, Inna Yemova, Viacheslav Harkusha, Nataliia Cherniak y Nina Holenko
Legal regulation of illegal inuence on the results of ocial sports competitions: criminal aspect
and international experience
This, as in many other cases, is about the use of match-xing not as an
end in itself, ie in the context of achieving the desired tournament result,
gaining appropriate points, but as a tool of so-called betting - further
enrichment by means of sports betting. Large-scale corruption schemes
with the organization of contractual football matches were revealed by law
enforcement agencies in June 2019. Hence, according to ocial reports the
National Police recorded 50 cases of contract football matches.
A large-scale special operation aimed at identifying persons involved
in the organization of “ordered” football matches lasted more than a year.
The illegal activities of ve criminal groups and 35 football clubs have
been documented. Police conducted 40 searches in 10 regions of Ukraine:
Kyiv, Dnipropetrovsk, Donetsk, Zaporizhia, Odesa, Sumy, Lviv, Kharkiv,
Mykolaiv and Chernihiv (Sokurenko, 2019).
The investigation has identied individuals involved in corrupt schemes
of “custom” football matches, ranging from the top division of the Premier
League to junior teams. This is the rst case in Ukraine when not only
players of football clubs, but also organizers will be brought to justice.
Investigative actions are carried out by the organizers of contract matches,
former and current football players, as well as other persons involved in
criminal schemes. The pre-trial investigation is conducted under Part 4 of
Art. 368-3 (bribery of a person providing public services) and Part 1 of Art.
369-3 (illegal inuence on the results of ocial sports competitions) of the
Criminal Code of Ukraine (Sokurenko, 2019).
There are many such examples. That is, in reality, the level of criminal
match-xing in one form or another is much higher than the statistical 6
crimes over four and a half years. We should talk about the ultra-high level
of latency, which according to our research reaches more than 99%. The
real level of crimes under Art. 369-3 of the Criminal Code of Ukraine, only
in the professional segment of big football annually uctuates at 150-200.
If we add to this gure the cases of illegal inuence on the results of ocial
competitions in other sports (especially in futsal, basketball, volleyball,
rugby), the level of crime under investigation will be at least 300 crimes per
year (Leheza et al., 2021).
It should be noted that over the past 10-15 years there has been a change
in the subject and mechanism of the corruption agreement under the
scheme of match-xing in combination with betting, sports betting. This
is due to the variety of possible sports results for which bookmaker bets
are accepted. For example, popular betting lots now are specic periods
of playing time when a goal is scored / conceded in football, as well
as receiving a red card by a specic player at a certain time, assigning a
penalty, etc. It is worth pointing out the exceptional protability of betting
during the ongoing match, usually during its break. For example, the bet on
the number of goals conceded in a football match, the total nal score with
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CUESTIONES POLÍTICAS
Vol. 39 Nº 70 (2021): 742-756
a zero score in the rst half will have the highest coecient. In this regard,
in the Ukrainian football championship we can observe some atypical
matches, when in the unsuccessful rst game segment the second becomes
rich in goals scored. Both individual players and whole teams, coaches and
club owners are interested in this (Leheza et al., 2020).
For example, in 2016, during the match of the First League teams
between Mariupol’s Illichivets and Girnyk-Sport from Horyshny Plavny,
the hosts, losing 0: 1 after the rst half, won 3: 1. All would be nothing if
during the meeting in dierent oces for the victory of the Azovs did not
bet on the amount of £ 218 thousand. During the internal investigation,
the shadow fell on two Girnyk players - defenders Serhii Herashchenkov
and Oleksandr Hrabar. Both were tested on a lie detector. Herashchenkov
denied the guilt, but the polygraph revealed that he was lying. At the same
time, Hrabar confessed to the crime, but did not reveal the customers. The
materials of this case were transferred to the National Police (Verbytsky,
2017).
In total, our survey of 360 professional athletes in big football (150
persons), basketball (50 persons), volleyball (50 persons) of Ukrainian
clubs, as well as rowing (70 persons), powerlifting (40 persons) gives the
opportunity to form a criminological structure of illegal inuence on the
results of ocial sports competitions by the criterion of the method of
inuence directly on athletes.
Thus, as can be seen, bribery predominates among the ways to encourage
athletes to commit illegal acts. We think this is a very telling circumstance,
which further emphasizes the problem of commercialization of sports.
And this is not just a purely Ukrainian problem. As H.Yu. Bordyuhova
rightly points out, in the global analysis of the problems of bribery in
sports, people most often agree to manipulate money - out of greed, or, for
example, athletes who are not paid for months, or club ocials, if the club
has nancial problems, etc. The benets, depending on the country, sport,
level of competition and league, range from $ 200. up to 300-700 thousand
dollars. (See SAS 2009 / A / 1920 FC Pobeda, Alexander Zabrchanets,
Nikolche Zdravetski v. UEFA, SAS 2011 / A / 2362 Mohammad Asif v.
International Cricket Council, etc.)
At the same time, the situation in Ukraine has its own specics. It is not
a secret that professional sports clubs, including in our country, are not
only a matter for the soul, but also business projects. It is very good when
these motives, patriotism-cheering and making money are organically
combined without distorting each other. However, unfortunately, the
realities of today’s Ukrainian sports are such that a considerable problem
for any football or basketball club, other sports organizations is to reach
at least “zero”, self-sufficiency, minimum liquidity and the profitability.
Therefore, the desire to make money in sports is often combined with
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Mykola Yemov, Inna Yemova, Viacheslav Harkusha, Nataliia Cherniak y Nina Holenko
Legal regulation of illegal inuence on the results of ocial sports competitions: criminal aspect
and international experience
the use of illegal mechanisms. To understand their essence, we believe
that the analytical scheme of anomie in R. Merton’s concept is quite
suitable. It is known to the general public of the scientific community,
which frees us from the need for a more detailed argumentation of its
provisions in the projection on the plane of the subject of this study.
Instead, we also emphasize the fact that approximately at the
same level of prevalence with a small fluctuation in the proportion of
structurally located such ways of influencing athletes as incitement
(10%), conspiracy (8%) and coercion (7 %). And if the first two - express
directly non-commercial, unselfish, but self-actualizing, consolidating-
group motivation of athletes who voluntarily, consciously and on their
own choose illegal mechanisms to achieve certain sports results in
competitions, the third way, coercion, expresses its violent nature. As a
rule, players are threatened with: a) termination of the contract unilaterally
on discrediting grounds (70%); b) termination of game practice, transfer to
reserve teams, to the reserve (20%); c) disclosure of information about his
previous illegal activities in the eld of sports (10%).
It should be noted that professional athletes are not the only recipients
of illegal inuence, in particular, bribery, which can determine the results
of ocial sports competitions. Our research reveals such a criminological
structure of match-xing on the basis of the recipient’s illegality.
The main eorts of the subjects of illegal inuence on the results of
ocial sports competitions on bribery are directed directly at the athletes.
In total, the share of such inuence is 78% with a slight predominance of
bribery of several athletes (players) of one team (40%) over bribery of an
individual player (38%).
In the case of big football (namely in this sport, given its popularity,
the illegal inuence on the results of ocial sports competitions prevails),
bribing an individual player is mostly aimed at the defender (defender
or midelder) in terms of playing. This is the easiest way to inuence the
outcome of the competition, because almost any violation of the rules of
the game in the penalty area leads to the appointment of a penalty, which
most likely ends with a “goal”. In this case, as a rule, it is dicult to detect
the intent of violations of the rules of the game by the defender due to the
dynamic and contact nature of this kind of sport itself.
In second place in the ranking there is bribery of members of the
coaching sta (10%). More often than one of the assistant head coaches
and less often the head coach himself. In the future, through the coaching
sta there is an indirect inuence on the players with the use of other, non-
monetary levers of inuence on the players, the structural construction of
the team game, etc.
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It is interesting to note that the share of bribery of judges is relatively
insignicant (5%). This is due to close control over their activities, the
spread of the use of technical means of control over the course and results
of the competition, which minimizes the role of judicial discretion and
the possibility of signicant impact on the results of sports competitions.
Moreover, the respondents we interviewed from among both professional
athletes, coaches, and experts of the refereeing corps of the football Premier
League and the First League show a tendency to the predominance of
attempts to bribe additional referees of the refereeing team (in particular,
linemen). in big football) over bribery of the main referees.
The share of bribes (and their attempts) of sports club owners (5%) is also
relatively small. These are usually small sports clubs that are experiencing
acute nancial problems and do not claim high tournament seats. Most
of these clubs are representatives of the rst, second and lower leagues of
playing kinds of sports.
The least common (no more than 2% of cases) is bribery of support sta:
medical workers, physiotherapists (to extend the healing period, recovery
of the injured athlete). Experts also pointed to cases where athletes in the
team were poisoned by water, and they performed below their capabilities
without knowing it - the main role was played by the team manager
(Bordyugova, 2015).
The most criminally aected sport in the context of the level and
intensity of the spread of illegal inuence on the results of ocial sports
competitions is football (big football), which accounts for approximately
85% of these crimes. Approximately 5% - for basketball and mini-football
(futsal), 2% - volleyball, 1% - rugby, the remaining 2% in total other kinds
of sports.
The geography of match-xing has no criminological signicance, as the
nature of the relevant crimes eliminates their territorial specication. The
determination complex of illegal inuence on the results of ocial sports
competitions does not have a pronounced connection of either general
or group or specic factors to a certain administrative-territorial location
(Leheza et al., 2020).
It is necessary to point out separately the prevalence of the practice of
material incentives by representatives (owners, managers) of one sports
club of athletes from another in competitions with the third team for
additional motivation for activity, dedication. The investigative practice
follows the way that in the legal assessment of the victorious actions the
corpus delicti provided for in Art. 396-3 of the Criminal Code of Ukraine
is not found. There is no unanimity in science on this issue. A number
of scholars, for example, do not take a position on the falsity of this law
enforcement practice and insist on the need to qualify such “incentives”
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Mykola Yemov, Inna Yemova, Viacheslav Harkusha, Nataliia Cherniak y Nina Holenko
Legal regulation of illegal inuence on the results of ocial sports competitions: criminal aspect
and international experience
as illegal inuence on the results of ocial sports competitions through
bribery (Semenyuk, 2017).
Others, to whom we join, claim the absence of corpus delicti in these
actions and the correctness of investigative practices. Thus, K.P. Zadoia
notes that under the responsibility according to Art. 369-3 of the Criminal
Code of Ukraine does not cover the practice of material incentives for athletes
from another sports club for achieving a certain positive result during sports
competitions with a third competitor (rival). Such cases cannot be qualied
under Part 1 of Art. 369-3 of the Criminal Code of Ukraine, as such material
incentives cannot be considered aimed at incorrect change of the course of
competitions or their result (Zadoya, 2015).
Indeed, this is a kind of bonus (albeit advance), which can not aect
the manifestation of additional, not due to the existing sports conditions
of the athlete qualities, intentional violations of the rules of the game or
refraining from performing, improper performance of its game function (
or other sports function). It is also not about the interests of the service or
the authority of a subject of sports relations, because the athlete, in contrast
to similar cases of “stimulation” of the ocial, does not act in the interests
of those who provide material benets or in the interests of any -which third
person, not due to the previously established under the sports contract
relations of a particular athlete, i.e. him and his club (Sokurenko, 2019).
4. International experience of illegal inuence on the results of
ocial sports competitions
As part of our study, we will try to compare the criminal laws of these
countries in order to identify general, common, dierent, and unique aspects
in the criminal law of Ukraine and foreign countries on liability for illegal
inuence on the results of ocial sports competitions. It should be noted
that our study will be conducted according to criteria such as corpus delicti
and sanction. We believe that this is how it is possible to obtain certain
information about the areas of improvement of Art. 369-3 of the Criminal
Code of Ukraine and the expediency or inexpediency of such changes.
The rst criminal law to which our attention will be paid will be the
Criminal Code of the Republic of Azerbaijan. Thus, Chapter 24 “Crimes in
the Sphere of Economic Activity” of the Criminal Code of the Republic of
Azerbaijan (Criminal Code of the Republic of Azerbaijan, 1999) in Art. 192-
2 provides for liability for manipulation of sports competitions.
The obvious dierence between the Criminal Code of the Republic of
Azerbaijan is the placement of Art. 192-2, which provides for criminal
liability for manipulation of sports competitions, in the chapter “Crimes
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in the sphere of economic activity” in contrast to Ukraine, where Art. 369-
3 is placed in the section “Crimes in the eld of ocial and professional
activities related to the provision of public services” of the Criminal Code
of Ukraine, which in turn determines the dierent generic object of the
studied criminal law.
The subject of the crime, as in Art. 369-3 of the Criminal Code of Ukraine,
can be both material and non-material.
Among the ways to commit a crime in Art. 192-2 of the Criminal Code
of the Republic of Azerbaijan, the legislator singles out an oer, promise,
transfer, demand, receipt, acceptance of an oer or assurance, use of
violence or threat of violence, threat of dissemination of compromising
information or threat of destruction of property. We can see that the list of
ways to commit a crime is much wider than in Art. 369-3 of the Criminal
Code of Ukraine.
The subject of the crime can be both general and special. The crime is
committed only intentionally.
Considering the punishment, we consider that imprisonment for a term
of three to six years, provided for in Part 1 of Art. 192-2 of the Criminal
Code of the Republic of Azerbaijan, is too harsh. We consider the provisions
of the Criminal Code of the Republic of Azerbaijan to be positive, except
for those similar to Art. 369-3 of the Criminal Code of Ukraine types of
punishment, deprivation of the right to hold certain positions or engage in
certain activities (Criminal Code of the Republic of Azerbaijan, 1999).
Also, in our opinion, it is a positive decision of the legislator to envisage
such qualifying features in the commission of a crime as manipulation
of sports competitions by an organized group or a criminal association
(criminal organization).
The note of the researched article deserves special attention. First,
it should be noted that in Part 1 of the note reveals the denition of
“manipulation of sports competitions.” Thus, it means an act (action or
omission) aimed at intentionally changing the course or outcome of sports
competitions in order to obtain an illegal advantage in favor of the person
or other persons. Let us recall that all explanations on the application of
Art. 369-3 of the Criminal Code of Ukraine are placed in the Law of Ukraine
“On Prevention of Corruption Oenses on the Results of Ocial Sports
Competitions” of 03/11/2015 № 743-УШ (Law Of Ukraine, 2001).
Secondly, the possibility of exemption from criminal liability of a person
who voluntarily reported a crime to the relevant state body or committed it
through threats is considered positive.
Doing so, the Azerbaijani legislator allows the criminal to come to his
senses, rehabilitate himself and take the path of correction. After all, the
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Legal regulation of illegal inuence on the results of ocial sports competitions: criminal aspect
and international experience
regulation of social relations through criminal law is primarily aimed at
recognizing human rights and freedoms as the highest social value.
Third, it is interesting to address the issue of bringing an ocial to
justice. Thus, the ocial who committed the act provided for in Art. 192-
2.2 of the Criminal Code of the Republic of Azerbaijan, in connection with
the performance of their ocial duties (powers), is prosecuted under Art.
311 “Receiving a bribe (passive bribery)”.
With this step, the legislator was able to place Art. 192-2 of the Criminal
Code of the Republic of Azerbaijan in the chapter “Crimes in the sphere of
economic activity” (Criminal Code of the Republic of Azerbaijan, 1999).
The Criminal Code of the Republic of Armenia provides for criminal
liability in a slightly dierent way. Thus, in Chapter 22 “Crimes against
economic activity”, Art. 201 prescribes criminal liability for bribery of
participants and organizers of professional sports competitions and
spectacular commercial competitions (Criminal Code of Armenia.
Legislationline, 2003).
From the title of the article we can understand that it provides for
criminal liability only for bribing participants and organizers of professional
sports competitions and spectacular commercial competitions. Other ways
of committing a crime have escaped the attention of the legislator (Leheza
et al., 2021).
On the negative side of Art. 201 of the Criminal Code of the Republic
of Armenia, we note the non-alternative sanction under Part 2 (only
imprisonment for a term not exceeding ve years).
On the positive side, we note the increased sanction for the qualied
corpus delicti under Part 2 of Art. 201 (committed by a group of persons by
prior conspiracy or an organized group), as well as a broad alternative to
punishment for committing a crime under Part 3 of Art. 201 (Criminal Code
of Armenia. Legislationline, 2003).
The legislature of the Republic of Georgia places criminal liability for
bribery of participants or organizations in professional sports competitions
or commercial entertainment competitions in Chapter 26 entitled “Crimes
against business or other economic activity” (Article 203) (Criminal Code
of Georgia, 1999).
Under the protection of this criminal law are only professional sports
competitions, as in Art. 201 of the Criminal Code of the Republic of Armenia,
which limits the scope of Art. 203 of the Criminal Code of the Republic of
Georgia in contrast to Art. 192-2 of the Criminal Code of the Republic of
Azerbaijan, where all sports competitions are protected by criminal law.
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Only active and passive bribery are criminalized. There is a criminal
liability for qualied (re- qualied) and especially qualied (committed by
an organized group) corpus delicti.
A positive asset of the Criminal Code of Georgia is also the possibility of
exemption from criminal liability, provided for in the note to Art. 203, as
well as in the Criminal Code of the Republic of Azerbaijan. Thus, persons
who have voluntarily declared to the authorities the transfer to any of the
persons specied in Part 1 of Art. 203, money, securities or other property
or the provision of property services (Criminal Code of Georgia, 1999).
Conclusion
As a result of our research, a very high level of latency of crimes under
Art. 369-3 of the Criminal Code of Ukraine, which is not less than 99%
of their actual volume has been found. It has been established that the
latter reaches about 300 crimes each year. The most intense criminal
match-xing is played in such sports as football, futsal, basketball and
volleyball. Among the ways to stimulate athletes to illegal actions, bribery
prevails (75%). Approximately at the same level in terms of prevalence with
small uctuations in specic weight are structurally located such ways of
inuencing athletes as incitement (10%), conspiracy (8%) and coercion
(7%).
In general, illegal inuence on the results of ocial sports competitions
on bribery is directed directly at athletes. In total, the share of such
inuence is 78% with a slight predominance of a sub-bunch of several
athletes (players) of one team (40%) over the bribe of an individual player
(38%). In second place in terms of ranking there is bribery of members
of the coaching sta (10%). Then there is bribery of judges (5%), owners
of sports clubs (5%), support sta of clubs (2%). Thus, the analysis of the
legislation of some post-Soviet countries in the eld of criminal liability
for illegal inuence on the results of ocial sports competitions made it
possible to claim that the Criminal Code of Azerbaijan, the Criminal Code of
the Republic of Armenia and the Criminal Code of the Republic of Georgia
related to the economy. The Penitentiary Code of the Republic of Estonia
does not provide for a special rule that would impose criminal liability for
unlawful inuence on the results of ocial sports competitions.
In Art. 201 of the Criminal Code of the Republic of Armenia and Art.
203 of the Criminal Code of the Republic of Georgia criminalized illegal
inuence on professional sports competitions, which, as in Art. 369-3 of
the Criminal Code of Ukraine, limits the scope of such rules. The legislator
of the Republic of Azerbaijan followed the best path, providing in Art. 192-
2 criminal liability for manipulation of sports competitions in general. In
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Mykola Yemov, Inna Yemova, Viacheslav Harkusha, Nataliia Cherniak y Nina Holenko
Legal regulation of illegal inuence on the results of ocial sports competitions: criminal aspect
and international experience
addition to illegal inuence on professional sports competitions in Armenia
and Georgia, illegal inuence on spectacular commercial competitions is
criminalized. At present, we believe that the criminalization of illegal
inuence on spectacular commercial competitions in Ukraine will not meet
the principles of social conditionality.
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Esta revista fue editada en formato digital y publicada
en octubre de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 70
