Uakpayev Alibek
2
year Master’s Degree student of Scientific and Academic program of
The
Faculty of Law of the Eurasian National University after Gumilev L.N., Astana, Kazakhstan
ON THE IMPORTANCE OF INTERNATIONAL LEGISLATION ON THE
LEGAL REGULATION OF SPORTS ACTIVITIES IN THE REPUBLIC OF KAZAKHSTAN
Today the Republic of
Kazakhstan is paying increasing attention to the development of the movement of
physical culture and sports, and hence, appreciates
activities of individuals, thanks to which sports competitions become possible
to be hold. It is already recognized that the physical culture and sports,
especially mass sports, is called upon to solve social and economic tasks, such
as the unification of society, the diversion of youth from harmful habits, the
prevention of diseases, the increase in the average life expectancy and its
qualitative level.
Public relations in the field of sports and physical
education are very important, specific and diverse, which naturally leads to
the need for proper ordering in the legal plan. Attention is drawn to the fact
that sports activities are multisectoral. In this regard, physical culture and
sports are subject to regulation of various branches of legislation, such as civil
law, labor law, civil procedure, criminal law, international law and others.
Considering that the national legislation in the field of physical culture and
sports is at the stage of active development, and the recognized principles and
norms of international law and international treaties occupy a significant
place in regulating relations in the field of physical culture and sports,
legal research of this sphere is of undoubted interest and relevance. At the
same time, comprehensive legal research on this topic in the Republic of
Kazakhstan has not yet been conducted in sufficient numbers.
According to Article 4 of the Constitution of the
Republic of Kazakhstan of August 30, 1995, the current law in the Republic of
Kazakhstan is the norms of the Constitution, relevant laws, other normative
legal acts, international treaty and other obligations of the Republic, as well
as regulatory decisions of the Constitutional Council and the Supreme Court of
the Republic. The Constitution has the highest legal force and direct effect on
the entire territory of the Republic [1].
However, it should be noted that international treaties ratified by the
Republic have priority over its laws. And importantly, Kazakhstan, as a
civilized state, «respects the principles and norms of international law»
(Article 8 of the Constitution of the Republic of Kazakhstan) [1]. This found
its further consolidation in the Law of the Republic of Kazakhstan of July 3,
2014 No. 228-V «On Physical Culture and Sport». It is noted that international
cooperation in the field of physical culture and sports is carried out in
accordance with international treaties and legislation of the Republic of
Kazakhstan [2]. Therefore, having an indisputable social importance, sports
activity will remain the object of legal regulation both at the level of
international and national legislation.
Considering that the legislation of the Republic of
Kazakhstan in the field of physical culture and sports is still at the stage of
active development, we believe that the recognition of universally recognized
principles, norms of international law and international treaties, as well as
their subsequent implementation into our legislation, are extremely important. They
should occupy a significant place in regulating relations in the field of
physical culture and sports.
The basis for the regulation of international
relations arising in connection with sports activities is the norms of general
international law, including generally recognized principles and norms of
international law and international treaties of a general nature. As for
universally recognized principles and norms of international law, they are
contained in the charters of the United Nations, declarations and resolutions
of the UN General Assembly, the documents of other international organizations
on the most general and global issues of the international legal order,
multilateral treaties (conventions), decisions of the International Court of
Justice. Norms of general international law regulate the cooperation of states
in various spheres of international relations, and a number of such norms
extend to international sports activities.
The main international
documents in the field of sports are: the International Charter of Physical
Education and Sport, proclaimed by the UN General Conference in Paris on
November 21, 1978; The European Sports Charter, adopted by the 7th Ministerial
Conference on European Sport in Rhodes (Greece) on May 15, 1992; Nairobi Treaty
on the Protection of the Olympic Symbol (Nairobi, 26.09.1981), the European
Convention on the Prevention of Violence and Spectacular Behavior of Spectators
during Sports Events and in particular Football Matches of 19.08.1985
(Strasbourg), the International Convention against Apartheid in sport (New
York, 16.05.1986), the Convention Against Doping from 16.11.1989, the
International Convention against Doping in Sport (adopted in Paris by UNESCO,
19.10.2005), the European Manifesto «Young People and Sport», adopted by the
Ministerial Conference on European Sport countries in Lisbon on 18 May 1995;
Declaration of the participants of the European conference «Sport and Local Governance»,
adopted in the city Godolo (Hungary) on February 3, 1996; Resolution of the 9th
European Conference of Ministers of Sport, adopted in Bratislava on 31 May
2000. These documents establish the basic principles governing the regulation
of mass sports, which all countries that have ratified the agreements must
adhere to. The main principles from which countries are obliged to proceed are,
firstly, the availability of mass sports without discrimination on any base,
and secondly, the state regulation of the development of a network of sports
facilities and the availability of physical activities [3].
As already noted above, the main international
agreements in the field of physical culture and sports must be implemented in
national legislation.
The Law "On Physical Culture and
Sport" expressly stipulates the rule that if an international treaty
ratified by the Republic of Kazakhstan establishes other rules than those
stipulated by this Law, and then the rules of the international treaty are more
preferable to be applied [2]. The Republic of Kazakhstan has already started an
active procedure for ratification of the main international documents in the
field of sports.
So on December 7, 2009 the Law of the Republic of Kazakhstan «On
ratification of the International Convention against Doping in Sport» was
adopted. The purpose of the Convention in the framework of UNESCO's strategy
and program of action in the field of physical education and sport is to
promote the prevention of the use of doping in sport and combat it in order to
eradicate it. The main objective of the Convention against doping is the
reduction and, ultimately, the elimination of doping in sport [4]. At present,
the use of doping has become one of the most pressing problems in the world sports
movement. In connection with the latest sensational cases of doping, including
Kazakhstani athletes, the importance of compliance with this convention is
increasing dramatically. Realizing the seriousness and scale of the danger
emanating from doping, it is necessary to carry out a set of measures aimed at
eradicating it on a permanent basis. Moreover, strengthening of measures,
including legislative measures in the fight against doping in sport in our
country, is required.
To this end, in 2017, the development of the draft of
the Law of the Republic of Kazakhstan «On Amendments and Additions to Certain
Legislative Acts of the Republic of Kazakhstan on Physical Culture and Sports»
began, where one of the main tasks is the creation of a zero tolerance system
for the use of doping, not only among trainers, masseurs and specialists, but
most importantly among athletes.
An example of ratification of international treaties
in the sphere of sports is also the Law of the Republic of Kazakhstan of
November 9, 2010, No. 350-IV «On the Ratification of the Nairobi Treaty on the
Protection of the Olympic Symbol, adopted in Nairobi on September 26, 1981».
According to this agreement, any state-member is obliged to refuse registration
or to recognize invalidation of registration as a sign and to prohibit by
appropriate measures the use as a sign or other designation for commercial
purposes of any designation consisting of their Olympic symbol or containing
this symbol in such a form as this is defined in the Statute of the
International Olympic Committee, except where authorized by the International
Olympic Committee [5].
Importance and relevance of the accession of the
Republic of Kazakhstan to the main international conventions in the field of
sports can be demonstrated by the example of combating hooliganism and violence
during sports events.
Despite the adopted Law of the RK of January 22, 2016
No. 446-V «On introducing changes and amendments to certain legislative acts of
the Republic of Kazakhstan on security issues in the conduct of sports,
entertainment and cultural events», we also consider it necessary for the
Republic of Kazakhstan to ratify the European Convention of the Council of
Europe of August 19, 1985 N 120 «On the prevention of violence and hooligan
behavior of spectators during sports events and in particular football matches
(ETS N 120)», especially since our country is a regular participant in European competitions,
particularly football tournaments.
According to the European Convention on the Prevention
of Violence and Spectacular Behavior of Spectators during sports events and, in
particular, football matches, the contracting parties undertake to cooperate
among themselves and independent sports organizations in order to prevent
violence and control the problem of violence and hooligan behavior of
spectators during sports events. To this end, the Convention provides for a
number of measures, namely: close cooperation between the police forces
involved; prosecution of offenders and application of appropriate punishments;
strict control of ticket sales; restrictions on the sale of alcoholic
beverages; appropriate design and construction of stadiums; activities that
prevent violence among spectators, allowing to control the crowd and ensure its
safety [6].
Other most important European legislation governing safety during sports
events are the Council of Europe Declaration on the Fight against Violence
among Spectators (1999); Council of Europe recommendations on combating hooliganism
in football (1999); recommendations of the Council of Europe on the
identification of violators and the exchange of information during the European
and World Championships in football (2000); European Union resolution on the
prevention and control of hooliganism in football (1997).
The internationalization of sports relations determines the important
role of international treaties. Kazakhstan is actively involved in integration
processes. In this regard, we believe that the Republic of Kazakhstan needs to
ratify a number of important international documents in the field of sports:
the International Charter of Physical Education and Sport, the European Sports
Charter, the European Convention on the Prevention of Violence and Hooligan Behavior
of Spectators during sports events and in particular football matches,
International convention against apartheid in sport.
List
of used sources
1 Конституция Республики Казахстан от 30 августа 1995 г. (с изм. и
доп. от 7.10.1998 г., 21.05.2007 г., 02.02.2011 г., 10.03.2017 г.) // Ведомости
Парламента РК. – 1996. – № 4. – ст. 217.
2 Закон РК от 3 июля 2014
г. № 228-V «О физической культуре и спорте» // Казахстанская правда. – 2014. –
№ 133 (27754). – 10 июля.
3 Международный опыт
развития массового спорта /Агенство Республики Казахстан по делам спорта и
физической культуры; ред. коллегия: Т.К.Есентаев (гл. ред.) (и др.). – Астана,
2014. – 49 с.
4 Закон РК от 7 декабря
2009 г. № 220-IV «О ратификации Международной конвенции о борьбе с допингом в
спорте» // Казахстанская правда. – 2009. – № 288 (26032). – 9 декабря.
5 Закон РК от 9 ноября
2010 г. № 350-IV «О ратификации Найробского Договора об охране олимпийского
символа, принятого в Найроби 26 сентября 1981 года» // Казахстанская правда. –
2010. – № 303-305 (26364-26366). – 11 ноября.
6 Европейская конвенция
о предотвращении насилия и хулиганского поведения зрителей во время спортивных
мероприятий, и, в частности, футбольных матчей ETS N 120 (Страсбург, 19 августа
1985 г.) // Бюллетень международных договоров. – 2000. – N 1.