Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 79
Octubre
Diciembre
2023
Recibido el 06/04/23 Aceptado el 15/06/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
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Vol. 41, Nº 79 (2023), 362-372
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Characteristics of the inuence and
role of sports and sports organizations
in countering military aggression:
Organizational and legal aspect
DOI: https://doi.org/10.46398/cuestpol.4179.24
Lidiya Zavatska *
Oleh Ilkiv **
Oksana Ilkiv ***
Vadim Koval ****
Yuliia Snizhko *****
Katarina Zavatska ******
Abstract
The research exposes the introduction of the necessary
changes in the regulatory and legislative framework related
to armed aggression and martial law regime for holding
sports events in various sports. In this context, the features of the legal
regulation of relations in the eld of professional sports during the war are
discussed. The features of competitive and training activities of athletes
from the eastern regions of Ukraine are analyzed in connection with the
destruction of sports infrastructure, evacuation to other regions and out
of the country. The authors emphasize the national-patriotic position of
Ukrainian athletes. As stated and substantiated in the article, many famous
and successful Ukrainian athletes make a signicant contribution to the
* Department of Theory and Methods of Physical Education and Adaptive Physical Education,
Academician Stepan Demianchuk International University of Economics and Humanities, Rivne,
Ukraine. ORCID ID: https://orcid.org/0000-0001-5550-8248. Email: khrushch.nila.edu@gmail.com
** Department of Civil Law Disciplines, Faculty of Law, Academician Stepan Demianchuk International
University of Economics and Humanities, Rivne, Ukraine. ORCID ID: https://orcid.org/0000-0002-
0659-1855. Email: olihor2211@ukr.net
*** Department of Informatics and Kinesiology, Faculty of Postgraduate and Correspondence Education,
Lviv State University of Physical Culture named after Ivan Boberskyj, Lviv, Ukraine, Ukraine. ORCID
ID: https://orcid.org/0000-0003-0864-4794. Email: oilkiv636363@ukr.net
**** Department of Human Health and Physical Therapy, Academician Stepan Demianchuk International
University of Economics and Humanities, Rivne, Ukraine. ORCID ID: https://orcid.org/0009-0000-
4659-8819
***** Department of Physical Education and Sports, Faculty of Health, Physical Education and Sports,
Academician Stepan Demianchuk International University of Economics and Humanities, Rivne,
Ukraine. ORCID ID: https://orcid.org/0009-0008-8669-1098. Email: yuliia.snizhko1100@megu.
edu.ua
****** Department of Physical Education and Sports, Faculty of Health, Physical Education and Sports,
Academician Stepan Demianchuk International University of Economics and Humanities, Rivne,
Ukraine https://orcid.org/0009-0007-1558-7202. Email: katarina.zavatska0504@gmail.com
363
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 362-372
information struggle at the international level to completely eliminate
Russian and Belarusian athletes and world sports teams and actively
participate in numerous charitable fundraising projects, sacricing their
own. It is concluded that sports activities can be a mechanism of resistance
to military aggression.
Keywords: international competitions; regulations; sports infrastructure;
charity events; depository organizations.
Características de la inuencia y el papel de los
deportes y las organizaciones deportivas en la lucha
contra la agresión militar: Aspecto organizativo y legal
Resumen
La investigación expone la introducción de los cambios necesarios en
el marco regulatorio y legislativo relacionado con la agresión armada y el
régimen de la ley marcial para la celebración de eventos deportivos en varios
deportes. En este contexto, se discuten las características de la regulación
legal de las relaciones en el campo de los deportes profesionales durante
la guerra. Se analizan las características de las actividades competitivas y
de entrenamiento de los atletas de las regiones orientales de Ucrania en
relación con la destrucción de la infraestructura deportiva, la evacuación a
otras regiones y fuera del país. Los autores enfatizan la posición nacional-
patriótica de los atletas ucranianos. Como se arma y se fundamenta en
el artículo, muchos atletas ucranianos famosos y exitosos hacen una
contribución signicativa a la lucha de la información a nivel internacional
para eliminar completamente a los atletas rusos y bielorrusos y los equipos
deportivos mundiales y participan activamente en numerosos proyectos de
recaudación de fondos benécos, sacricando los suyos. Se concluye que las
actividades deportivas pueden ser un mecanismo de resistencia ante una
agresión militar.
Palabras clave: competiciones internacionales; reglamento;
infraestructuras deportivas; eventos benécos;
organizaciones depostivas.
Introduction
From the moment of the full-scale invasion of Russian armed
formations, one can state a violation of the stability of the entire system of
364
Lidiya Zavatska, Oleh Ilkiv, Oksana Ilkiv, Vadim Koval, Yuliia Snizhko y Katarina Zavatska
Characteristics of the inuence and role of sports and sports organizations in countering military
aggression: Organizational and legal aspect
public relations. While signicant attention of state structures is directed
to the solution of the most important humanitarian issues today, certain
areas of public life remain in the background, which leads to the risk of
potential unbalancing of the legal settlement of less protected subjects. The
war could not bypass the sports sector, which, although, according to media
reports (media), is still capable of producing high sports achievements, at
the same time suers from the consequences of aggression and ambiguity
in the legal regulation of relevant relations during martial law.
This has aected every sport, every team, every athlete. Athletes, like
the entire Ukrainian people, rallied in activities aimed at accelerating our
victory, in supporting the development of Ukrainian sports and information
warfare. The relevance of participation in the information struggle is very
important in the current situation, not only by government agencies but
also by the sports community.
The horrors of a senseless and ruthless war have changed and continue
to change legal relations in the sports environment not only in Ukraine, but
also in world sports.
1. Materials and methods
The purpose of the article is to analyze the purposeful activities of athletes
during aggression on the information front, support for the development
of sports and wrestling, namely: to characterize the consequences of the
inuence of aggression on various spheres of public life, in particular,
sports and the changes made to the legislative framework; - highlight the
participation of athletes in the defense of the country, their volunteering,
support for the development of sports and information activities.
The study used a theoretical analysis of social practice, generalization of
information from electronic sources, a review of scientic analytical studies.
2. Literature review
As most scientists note, the management of the sphere of physical culture
and sports can be considered as a purposeful, organizing, coordinating,
systematic and controlling inuence of government bodies on the industry
of physical culture and sports, aimed at improving the eciency of its
functioning. The science of management is considered by specialists from
dierent countries as intersectoral. It has a long history, includes many
scientic schools, concepts and denitions of the essence of management.
One of them, the most popular, belongs to the American scientist Drucker.
According to him, management is “a special kind of activity that turns an
365
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 362-372
unorganized crowd of people into an eective, purposeful and productive
group.” ( Zarnota, 2011; Manukov, 2016).
Some scholars point out that the sphere of physical culture and
sports is characterized by branched social relations that perform socially
useful functions, which necessitate public administration in this area. At
the same time, it should be taken into account that physical culture and
sports contribute to the intellectual, physical and spiritual development
of young people, ensure the full and harmonious development of the
individual, improve the quality and standard of living, characterize the
established traditions of a healthy lifestyle and the country’s authority in
the international arena (Deutsch, 2000; Numerato, 2012; Maening, 2006).
The sphere of physical education and sports is considered as a subsystem
of society, as well as a relatively independent system. The spheres of
activity of society are its social subsystems. The social subsystems related
to people’s lives and their relations in society include: economic, political,
legal, science, culture, physical education and sports, etc.
They are also social because their main component is a person, they are
created by people and cannot function without people. Such subsystems
have certain features and characteristics that complement each other and
enable a holistic perception of a particular system (Duggan, 2001; Reznik,
2020).
Public governing bodies of physical culture and sports complement
the state forms of organization of physical education, contribute to the
involvement of the broad masses of the population in solving problems
related to health-improving physical culture, the development of mass,
professional and Olympic, Paralympic, deaympic sports. Public governing
bodies carry out the coordinating development of physical culture and
sports, taking into account the territorial-departmental principle.
The governing and executive bodies of management are formed
according to the principle of election from the bottom up from the grass-
roots team to the central bodies, by nominating candidates and holding
elections at the general meeting, conferences, plenums - the relevant bodies
are elected and their quantitative composition is determined (Chernyshova,
2010; Bondarenko, 2017).
Public governing bodies of physical culture and sports (groups of
physical culture, sports and tness clubs) in their activities rely on the
physical culture asset, create various commissions, federations for sports, in
order to stimulate the growth of business qualications of physical culture
personnel, increase responsibility, higher physical culture is informed.
about the work done, etc. Sports societies have their own symbols (ag,
emblem, membership cards, badges, sportswear, etc.).
366
Lidiya Zavatska, Oleh Ilkiv, Oksana Ilkiv, Vadim Koval, Yuliia Snizhko y Katarina Zavatska
Characteristics of the inuence and role of sports and sports organizations in countering military
aggression: Organizational and legal aspect
Public authorities for physical culture and sports are nanced from
various sources - partly from the state budget, trade union organizations,
income from industrial, economic, publishing, commercial activities,
sponsors, organized exhibitions, lectures, lotteries, auctions, sports events,
personal contributions, social budgets from exploitation sports facilities
and other various paid services.
Issues of legal responsibility relate mainly to the spheres of economic
and civil law, but in the eld of sports, to a large extent, they relate to a
new branch of sports law for Ukraine, which regulates the totality of public
relations that arise and are implemented in the process of organizing and
forming sports teams, establishing requirements for professional athletes
when monitoring compliance with rules or regulations.
A wide range of legal relations covered by the eld of sports law includes
the legal regulation of not only professional sports, but also children’s
sports, the legal support of public physical culture and sports associations,
the regulation of the legal status of various participants in sports activities
(athletes, coaches), the legal aspects of organizing and conducting sports
competitions, regulation of tax relations in the sports eld, intellectual
property rights in this eld, relations in the eld of refereeing, sports
arbitration, international relations in the sports industry.
3. Research Results and Discussions
Today, society is faced with the task of educating a healthy, strong,
able-bodied younger generation with an active lifestyle. These issues are
implemented in the process of educating children and youth in educational
institutions, at home and during leisure. Organized meaningful leisure
for children and youth can have a signicant impact on the harmonious
formation of their personality, the expansion of motor potential, the
satisfaction of needs for communication and self-expression, as well as ll
free time and distract from the street and bad habits.
Meaningful leisure activity is one of the factors that leads to the formation
of a child’s personality and aects the development of his creative potential.
In the conditions of leisure, the child acquires experience that determines
his behavior, the perception of spiritual and cultural values, which ensures
the continuity of generations, the transmission of traditions, and also
stimulates the development of his creative inclinations and abilities. In the
explanatory dictionary, leisure is interpreted as free time from work; Time
relax. Most modern researchers also identify these concepts and dene
leisure as a set of leisure activities, through which immediate physical,
mental and spiritual needs are satised, mainly of a restorative nature.
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The main negative factors aecting sports organizations under martial
law are shown in Figure 1.
Figure 1. The main negative factors aecting sports organizations under martial
law. Fuente: elaboración de los autores.
Focusing on the issues of legislative regulation of professional sports
relations, we note that by a normative legal act we mean an ocial document
adopted (issued) by an authorized subject in a form and procedure
determined by law, establishing the rules of law for an indenite circle of
persons and designed for repeated application.
At the same time, it was noted in the legal literature at one time that the
fundamental recognition of the priority of international law does not always
lead to its consistent implementation in the legal system of the country, with
which we cannot unequivocally agree, since both at the legislative and law
enforcement levels, the standard provision about the priority of application
of the Rules of the international treaty is considered as an axiom.
The changes taking place in modern sport require their legislative
registration at dierent levels: international, state, state entities and
municipalities. The progress of sports relations in our country is quite
dynamic, which, in turn, requires constant work to improve the legal
framework, the creation of fundamentally new legislative acts that
consolidate the achievement of Ukrainian sports. Paying tribute to the
eorts of the legislator to improve the legal regulation of relations in the
368
Lidiya Zavatska, Oleh Ilkiv, Oksana Ilkiv, Vadim Koval, Yuliia Snizhko y Katarina Zavatska
Characteristics of the inuence and role of sports and sports organizations in countering military
aggression: Organizational and legal aspect
eld of sports, however, it should be noted that the existing legal framework
does not fully meet the modern needs of the development of domestic
sports.
This legislation still remains insuciently systematized, it contains
many gaps and contradictions, outdated norms and ambiguous wording,
which creates diculties in practice. The complexity of the organizational
structure of the modern sports movement, the interaction of dierent socio-
normative regulators in the sports sphere of public relations also actualize
the problem of improving the legislation in the eld of sports.
The function of promoting the development of sports, involving the
population in physical culture and health and sports activities, as well as
organizing and holding sports events in society, is carried out by sports
organizations. These organizations include international and national
federations in the relevant sports, sports (including Olympic) committees,
and other public organizations of physical culture and sports.
Sports organizations acting as organizers of sports events have the right
to use the name and symbols of a sporting event, carry out advertising at
the venues of events, identify manufacturers whose products (sportswear,
footwear, sports equipment and inventory) are necessarily used by sports
subjects when holding relevant events. In addition, these subjects of sports
relations own exclusive rights to cover sports events. The exploitation
of property rights associated with the implementation of sports events
allows their organizers to conduct sports business and receive signicant
prots. And it is true that a wide range of rights of the organizers of sports
competitions correspond to corresponding duties.
The organizer of a sports competition is liable for damage caused by
employees whose services he uses in the performance of their ocial duties
by these employees. The issue of responsibility of the organizers is especially
acute when such employees are authorized to carry out special assignments
to prevent the occurrence of dangerous situations that provoke the onset of
adverse consequences (damage).
That is, someone else’s guilty behavior is imputed to the organizer of the
competition, as if he himself committed the violation of duty. An authorized
person is an employee who acts (performs certain functions that are his
responsibility) in accordance with the actual situation on the instructions
of his employer (organizer of sports competitions) and in accordance with
his instructions.
Liability for damage caused by third parties in the eld of sports is usually
liability from claims against the organizers of sports events for damage caused
by the actions of their employees in the course of performing their duties;
for improper control of such employees or in practice for their rash choice
and for their failure to fulll special instructions to prevent the occurrence
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 362-372
of dangerous situations and accidents during a sports competition. In order
to impose on the relevant sports organization the obligation to compensate
for the damage caused by its employee, it is necessary that the behavior of
such an employee meets certain criteria.
As a general rule, the qualifying circumstances include: the presence
of the tortfeasor in the labor (service) legal relationship with a sports
organization and the iniction of harm directly when the assignor fullls
the duties assigned to him as an employee under an employment contract
(contract). Civil liability also arises when performing a tort of representative
powers on behalf of a sports organization at the time of causing harm.
Third parties for whose actions the organizers of sports events are
responsible must be appointed by them to engage in sports activities with
the knowledge and at the request of the employing sports organization,
under its control and in accordance with its leadership regarding the way
the task / work is performed; such persons must act on the instructions of
their employer (the organizer of sports competitions) and in accordance
with his instructions. That is, the illegal act must be authorized by the
employer, and the damage must be caused by the illegal way of performing
the task provided by the sports organization.
Of course, there are also circumstances on the basis of which the
organizers of sports events are exempted from civil liability for the actions
of third parties. Firstly, these are cases of unlawful behavior of employees
of sports organizations, their “exit” in the process of performing a task
beyond the limits of “their service” and performing actions in their favor,
not related to the organization and holding of sports events. And, secondly,
it is the deliberate iniction of harm by third parties with whom sports
organizations are not in labor or other contractual relations.
The tasks facing our state in integrating into the European and world
sports community as an equal partner very sharply outline the problem of
legal support for all, without exception, participants in the implementation
of these events. This is because almost the entire complex of legal acts
regulating relations in the eld of physical culture and sports in Ukraine
has been little studied from a scientic point of view, and the already
existing sports and legal norms, regulations and rules are not always
worked out, tested, and adapted accordingly. are systematized and properly
implemented.
This almost immediately, even at the stage of organizational and initial
consideration, creates signicant disagreements and causes contradictions
when solving contractual, contractual, nancial, insurance, managerial and
other problems or after they have been formalized, implemented or carried
out. Today, for a positive solution of legal issues, it is necessary to develop
a physical culture and sports and regulatory framework, its analysis,
370
Lidiya Zavatska, Oleh Ilkiv, Oksana Ilkiv, Vadim Koval, Yuliia Snizhko y Katarina Zavatska
Characteristics of the inuence and role of sports and sports organizations in countering military
aggression: Organizational and legal aspect
systematization and generalization to be carried out in a controlled,
coordinated and centralized manner, with mandatory approbation and prior
agreement with all interested institutions and organizations, ministries
and departments before its public disclosure and implementation in the
workow.
The systemic nature of law presupposes an objective unication of
certain legal parts according to the content characteristics into a structurally
ordered whole, which has relative independence, stability and autonomy of
functioning. Such an approach, as a systematic approach, also concerns the
processes of institutionalization, reected in the corresponding functions,
powers of the subjects of the physical culture and sports sphere. It is
necessary to nd out what is the state of legal regulation in this area and
whether it is systematic.
Sports law in its content is a rather complex formation, because the
impact on sports is carried out through both private and public law. Both
private and public law in their own way consider certain issues of activity
in the eld of preparation and holding of sports competitions. Therefore,
in the regulation of sports relations there is a place for both personal and
public law. Therefore, the authors come to the conclusion that sports law can
be divided into private sports law and public sports law. The norms of the
rst regulate sports relations in civil law disputes, civil contracts between
the subjects of sports relations and labor sports contracts, the transfer of
employees from one employer to another, certication of employees,
We propose to recognize public sports law as a sub-branch of the Special
Part of Administrative Law. In turn, among the institutions of sports law
as a sub-sector of a special part of administrative law, the following can
be distinguished: sports; sports licensing; sports events; sports medicine;
sports education; national teams; sports refereeing; sports titles, sports
categories and sports awards; logistical and nancial support in the eld of
sports; information support in the eld of sports; state control in the eld of
sports; administrative liability for oenses in the eld of sports
The issues of organization and implementation of health-improving
and sports activities, health-improving and sports events of a competitive
nature are regulated by regulatory and other acts, which are sources of
various branches of law and legislation. The systematic approach, along
with the integration approach and others, allow us to assert that sports law
has been singled out as a complex branch of law and legislation. The study
of the features of the legal regulation of physical culture and sports requires
a thorough analysis. In fact, there are a number of norms that we refer to
various branches of law, which, in particular, regulate social relations in the
eld of physical culture and sports. We consider the issue of singling out
sports law as a complex industry more reasonable, but it is important not
to narrow its subject. On the basis of a systematic approach, it is necessary
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CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 362-372
to discuss sports law and determine that the scope of its regulation covers
public relations arising in the course of activities in physical culture and
sports.
Conclusions
The war closely united the personal with the social. Despite the terror, air
raids, destruction of energy facilities, athletes continue to train to resist the
kar on the sports front. National self-consciousness has become a natural
marker, it has activated the need to resist the aggression of the enemy, to
join in the defense of the country.
A large number of competitions and training processes have been
stopped, canceled or rescheduled. But, despite all these horrors and
hardships, sports life is being restored, continues, and sometimes gains
momentum. As of today, there are already many reasons for optimism,
which were mentioned above, and there is no doubt that with every day
that will bring us closer to victory over the enemy, with each success in
competitions, there will be more and more of them, and very soon Ukrainian
sport will make two, and maybe even more condent steps forward in its
development and will deservedly occupy one of the leading places at the
world level.
The prospect in the study of this topic is the expansion and deepening of
the purposeful activities of athletes on the information front, volunteering
and supporting the development of youth and children’s sports; justication
of the inexpediency of the boycott by athletes of international competitions
and the Olympic Games, which may have a negative impact on the
development of the industry and cause the emigration of our athletes.
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www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79
