Vol 7, No 4 (2021)

Full Issue

Events

International scientific and practical conference «25th anniversary of the Criminal Code of the Russian Federation: current issues of codification and law enforcement»

Bezverkhov A.G., Yudin A.V., Klimanova O.V.

Abstract

8 октября 2021 года состоялась организованная Самарским университетом и Союзом криминалистов и криминологов Международная научно-практическая конференция «25-летие Уголовного кодекса Российской Федерации: актуальные проблемы кодификации и правоприменения». Этот уголовный закон был принят на рубеже веков, в условиях коренных трансформаций экономических, политических и социальных отношений Соответственно, несет на себе печать этого весьма сложного и противоречивого времени, отразившего кардинальные сдвиги и преобразования в различных сферах российского общества. В течение четверти века Уголовный кодекс Российской Федерации демонстрирует кардинальную изменчивость российского уголовного законодательства, даже снискал упреки в его бессистемности, нестабильности, рассогласованности. В то же время настоящий Кодекс последовательно обеспечивает дифференцированные подходы к противодействию преступности: усиления репрессии в отношении лиц, совершивших тяжкие и особо тяжкие преступления, и ослабления репрессии, вплоть до полного неприменения, в отношении лиц, впервые совершивших преступления небольшой и средней тяжести. Конференция была проведена в Юридическом институте Самарского университета с учетом санитарно-эпидемиологической обстановки в очно-заочном формате. Инициатором и модератором конференции выступила заведующий кафедрой уголовного права и криминологии Самарского университета, доктор юридических наук, профессор Кленова Татьяна Владимировна.

Juridical Journal of Samara University. 2022;7(4):7-10
pages 7-10 views

Criminal law

Classification of crimes related to forgery of document

Balandin V.I.

Abstract

The article is devoted to the consideration of various grounds for classifying crimes related to forgery of documents, based on the content of the norms of the current criminal legislation on the relevant crimes. In view of the absence of a systematized conceptual apparatus, numerous legal terms and constructions for describing crimes related to forgery of documents are analyzed. The analysis of criminal law norms allows us to conclude that there is a common object of encroachment for the crimes under consideration, which is public relations arising in connection with the established procedure for the legal circulation of documents. In order to differentiate criminal liability for forgery on the basis of the presence of common and different signs of the elements of crimes, general and special forgeries should be distinguished, depending on the source of origin of forged documents and the ability of documents to consolidate various legally significant facts. The conclusion is made about the inadmissibility of using synonymous terms «falsification», «forgery», «forgery» to define one legal category. We consider it preferable to use the phrase «forgery of documents» as a separate, independent, and semantically most fully reflecting the essence of such crimes.

Juridical Journal of Samara University. 2022;7(4):11-19
pages 11-19 views

About improving the concept of completed crime

Blagov E.V.

Abstract

The article is devoted to the search for signs that make it possible to unconditionally distinguish a completed crime from an unfinished one, on the basis of which it is possible to formulate a definition of a completed crime. Having considered the provisions of the Criminal Code of the Russian Federation on completed and unfinished crimes, the author concludes that the normative definition of a completed crime does not correspond to the concept of a crime and is not interrelated with the concept of an unfinished crime. The author emphasizes that the basis of criminal liability enshrined in this Code applies to both completed and unfinished crimes. The article proves that the signs of an unfinished crime are: committed a socially dangerous act, bringing it to an end, full foresight of the signs of the corpus delicti established by the Special Part of the Criminal Code, direct intent. Accordingly, a completed crime is recognized as a socially dangerous act committed with direct intent and completed, fully provided for by the signs of the corpus delicti established by the Special Part of the Criminal Code.

Juridical Journal of Samara University. 2022;7(4):20-25
pages 20-25 views

Development trends of the Special part of the Criminal Code of the Russian Federation

Golenko D.V.

Abstract

There are two trends in the development of the Special Part of the Criminal Code of Russian Federation: stability and variability (dynamism). According to the author of the article, the first trend is confirmed by the fact that during the twenty-five years of operation of the domestic codified criminal law, the legislator has not changed the number and titles of sections and chapters of its Special Part. The preservation of the basic «framework» of the Special part of the Criminal Code of Russian Federation is a positive trend. Until a unified concept of criminal law reform has been developed, changing the structure of a Special Part with the transformation of enlarged structural (sections and chapters) can completely destroy the already fragile system of criminal law. The second trend is variability (dynamism) The special part of the Criminal Code of Russian Federation is expressed in the incessant correction of the content and number of its articles. Making changes during the validity period of the Code is the norm, if it does not violate its systems and concepts. Chaotic and scientifically unjustified transformations of a Special part entail problems in the regulation of public relations, difficulties in the application of articles. Changes are necessary, but they must meet the general concept of the criminal law and be scientifically sound.

Juridical Journal of Samara University. 2022;7(4):26-29
pages 26-29 views

Violence in crimes against the order of government

Drozdov D.E.

Abstract

The article deals with the problems of criminal law counteraction to violent crimes against the order of management. Attention is focused on the high social danger of these crimes, due to the peculiarities of the object of criminal encroachment, while the danger of crimes differs taking into account various forms of violence. A subspecies of crimes against the order of management – related to the use of violence against subjects of managerial activity, responsibility for which is provided for in Articles 317, 318, Part 2 of Article 320, Part 2, 3 of Article 321 of the Criminal Code of Russian Federation. The forms of violence and their features are defined. It is proposed to recognize that in the dispositions of the articles of the Special Part of the Criminal Code of Russian Federation, a plurality of concepts is used to define violence in crimes against the order of governance: encroachment; violence not dangerous to life and health; violence dangerous to life and health; threat of violence; grave consequences. Taking into account the practice of the Supreme Court of Russian Federation, the content of each of the forms of violence is determined. Some controversial issues of the qualification of crimes are considered.

Juridical Journal of Samara University. 2022;7(4):30-33
pages 30-33 views

Legalization of criminal law prohibitions as a vector of modern criminal law policy

Idrisov N.T.

Abstract

The article presents an analysis of the directions of modern criminal law policy from the standpoint of the theory of criminal law prohibitions. The author of the article considers criminalization as a process and result of the formation of a criminal law prohibition in the criminal law. Using the example of Article 2007 of the Criminal Code of Russian Federation, the application of criminalization criteria in the legislative process is investigated. Special attention is paid to the issue of the concept of criminal law, its connection with the process of legalization of criminal law prohibitions. The position is substantiated that the increase in the number of criminal law prohibitions does not have positive socially significant consequences. The author of the article comes to the conclusion that the use of the criminal law resource should correspond to the modern picture of the social world, as well as correspond to basic human values, the main of which is justice. Otherwise, the tasks assigned to the criminal law will not be solved.

Juridical Journal of Samara University. 2022;7(4):34-38
pages 34-38 views

Modern aspects of international terrorism

Inogamova-Khegai L.V.

Abstract

The article examines the features of international terrorism in the modern period. Terrorist attacks, with appropriate signs, belong to international crimes against humanity. It is recognized that in the conditions of digitalization of society, crimes, including terrorism, are increasingly being carried out in a new way in the form of the use of digital technologies. The regulatory framework for bringing to criminal responsibility for terrorist crimes with the use of computer technology under the Criminal Code of the Russian Federation has been determined. The question of the public danger of terrorist attacks, dynamically committed using digital technologies both at the international and national levels, is being investigated. The author substantiates the conclusion that the introduction of increased liability in the Criminal Code of the Russian Federation for the use of a digital method of committing terrorist crimes is necessary only in situations of urgent threat of death of people, causing significant property damage, the onset of other grave consequences.

Juridical Journal of Samara University. 2022;7(4):39-44
pages 39-44 views

25th anniversary of the Criminal code of the Russian Federation: problems of codification

Klenova T.V.

Abstract

The article is devoted to the 25th anniversary of the Criminal Code of the Russian Federation, the peculiarities of its creation and the results of codification. The article examines the features of the codification process and its cycles using the historical method. The author of the article substantiates the conclusion about the codification of current Russian criminal legislation and models the directions of criminal law regulation. Special attention is paid to the problem of conceptual certainty of codified and current criminal law regulation. It is concluded that it is necessary to formalize judicial discretion within reasonable limits. The author of the article concludes that the 25th anniversary of the Criminal Code of the Russian Federation is a serious reason for discussing not the replacement of the criminal law with judicial positions and other sources of criminal law norms, but the stabilization of criminal law regulation and the strengthening of the rule of law.

Juridical Journal of Samara University. 2022;7(4):45-51
pages 45-51 views

On the criminal and legal consequences of the change of the crime category by the court

Lobanova L.V.

Abstract

The article highlights a complex of issues related to the criminal-legal consequences of the application by the court of the provisions of Part 6 of Article 15 of the Criminal Code of Russian Federation. The author emphasizes the importance of establishing the impact of changing the category of crime on the development of criminal law in order to fulfill its intended purpose by the relevant legal provision. At the same time, it is stated that the legislative regulation of the limits of such influence is unsatisfactory, as well as the lack of their definition in theory and judicial practice. It can explain why the author chose such a goal of the study – to develop approaches that are acceptable from the point of view of fundamental provisions of criminal and criminal procedure legislation to establish the limits of the impact of a change in the category of a crime by the court on the criminal responsibility of the culprit and its implementation and to solve the applied problem of forming recommendations to optimize the system of legal prescriptions regarding the categorization of criminal acts and its meaning on this basis. The article considers the practice of the application by courts of various levels of the provisions of Part 6 of Article 15 of Criminal Code of Russian Federation, an analysis of interpretative acts adopted by the Plenum of the Supreme Court of Russian Federation after the addition of the criminal law with a norm allowing the court to lower the category of a crime was carried out, the vulnerability of some recommendations contained in the studied documents was noted. The author concludes that the impact of changing the category of the latter cannot relate to those issues on which the attribution of a crime to a particular category or its change depends. As a disadvantage of legal regulation of changing the category of crime, the indication in the considered part of Article 15 of the Criminal Code of Russian Federation to impose a punishment not higher than the threshold established by law as a prerequisite for making such a decision was recognized. Proposals have been made for correction, taking into account this edition of Part 6 of Article 15 of the Criminal Code of Russian Federation. A recommendation was also formulated to supplement the named article with new parts devoted to the regulation of the criminal-legal consequences of the implementation of part 6. They proposed, in particular, to consolidate the prescriptions: 1) on the need to impose punishment within the limits established by law for the category of crime determined by the court; 2) on the admissibility of the release of the convicted person from punishment in the presence of the circumstances provided for by Articles 75, 76, 76/1, 76/2, 90 of the Criminal Code of Russian Federation, and the obligation of the court to make such a decision if the crime for which the guilty person is convicted has been classified by him [by the court] as a medium-gravity crime; 3) the need to resolve issues related to the execution of punishment, criminal record, the application of limitation and amnesty, taking into account the category of crime determined by the court.

Juridical Journal of Samara University. 2022;7(4):52-59
pages 52-59 views

Social and legal grounds for the recognition of lawful harm caused under circumstances excluding the criminality of the act

Mikhailov V.I.

Abstract

For 25 years of operation of the Criminal Code of Russian Federation, the doctrine has not formed an understanding shared by most researchers of such a basic category of the institution of circumstances excluding the criminality of an act as the basis for recognizing harm as permissible in the relevant circumstances, and it has not been determined which of the properties of the crime specified in Article 14 of this Code is absent in the acts that caused harm in circumstances excluding the criminality of the act. In this regard, the purpose of the study is to determine the social grounds for causing harm in which society considers permissible, as well as the legal basis – the absence of a crime property in the act that caused harm in a legally established situation. The article proves that the general social basis for the permissibility of causing harm in the reflection of a socially dangerous encroachment, the elimination of other threats is the necessity, the extreme use of a harmful method, the impossibility of resolving social conflicts and contradictions without causing harm. It is emphasized that causing harm when repelling an encroachment in situations of necessary defense, eliminating danger in extreme necessity, etc. it cannot be evaluated as socially useful. It is proved that for each of the circumstances specified in the norms of Chapter 8 of the Criminal Code of Russian Federation, there is a social basis (reason), by virtue of which society allows harm to be inflicted. For example, the social basis of the permissibility of causing harm in defense (defense) is rooted in the natural right of a person to defend himself and the objective impossibility of the state to fully ensure the safety of any person; the social permissibility of causing harm when detaining a person who has committed a crime is determined by the need to implement the principle of the inevitability of responsibility for the crime committed. From the legal point of view, the author of the article concludes that the norms on the circumstances excluding the criminality of the act contain exceptions to the general prohibitions established in the norms of the Special Part of the criminal law. The legislator «did not endow» with the property of illegality a consciously committed act that causes harm under any of the circumstances excluding the criminality of the act, even when it is socially dangerous.

Juridical Journal of Samara University. 2022;7(4):60-70
pages 60-70 views

Doctrinal approaches to the definition of the concept of criminal law policy and its determining factors

Moroz D.G.

Abstract

The article analyzes the issues of understanding criminal policy and its factors using the historical method. Ideological and philosophical prerequisites for the formation of criminal policy in the works on philosophy, criminal law and criminal sociology of the XVIII and XIX centuries are determined. Taking into account historical experience, the factors of criminal policy are described as factors of the state of crime. The author characterized three stages of the development of scientific knowledge about criminal policy in the USSR , without specifying their content in relation to individual Union republics. At the same time, he highlighted the experience of criminological studies of crime in sociological and anthropological areas within the framework of the Cabinet for the Study of Crime opened on October 26, 1926 in Minsk at the Belarusian State University under the leadership of professors V.V. Shiryaev and A.K. Lenz. The author of the article defines criminal law policy as a function of the state to manage the processes of preventing and resolving social conflicts of a criminogenic nature by establishing criminal law prohibitions and their implementation in the process of justice.

Juridical Journal of Samara University. 2022;7(4):71-78
pages 71-78 views

Legal enforcement aspect of the interaction of public and private principles in criminal law: on the 25th anniversary of the Criminal Code of the Russian Federation

Motin O.A., Suvorova S.V.

Abstract

The article examines public and private principles in criminal law. The authors of the article separate public and private principles without corresponding opposition of branches of law and conclude that the mutual influence of public and private principles is inherent in all branches of Russian law without exception. For criminal law, the public nature of which is not disputed, this conclusion is confirmed by reference to Article 76 of the Criminal Code of Russian Federation, in which, according to the authors of the study, the influence of the Civil Procedure Code of the Russian Federation is directly manifested (chapter 141 of the Civil Procedure Code of the Russian Federation) and the Arbitration Procedural Code of the Russian Federation (chapter 15 of the APC of the Russian Federation) regulating the settlement of disputes by peaceful means. The article also reveals the connection between criminal law and arbitration procedural law. The article also reveals the connection between private and public principles of criminal law and arbitration procedural law in connection with the application by the arbitration courts of paragraph 1, рart 1, article 161 of the APC of the Russian Federation, which regulates the obligation of the arbitration court, upon receipt of an application for falsification of evidence, to explain to the subject the criminal consequences of such an application, and article 1881 «Private definitions» of the APC of the Russian Federation, which actually imposes on arbitration courts the obligation to qualify a crime.

Juridical Journal of Samara University. 2022;7(4):79-84
pages 79-84 views

Possibilities of improving the legal regulation of circumstances precluding the criminality of an act

Nikulenko A.V.

Abstract

To date, countering socially dangerous manifestations acts as a national project affirming the right of citizens to safe living conditions. More and more attention is being paid to the capabilities of citizens and law enforcement officers to legally resist criminal expansion. However, according to the author of the article, the modern legislative fabric and the practice of its application do not meet the expectations of either citizens showing civil initiative in countering crimes, or representatives of law enforcement agencies designed to ensure public safety and law and order. The current norms of Chapter 8 of the Criminal Code of Russia require reconstruction. Their legislative formulations are so far from perfect that they allow the transfer of responsibility to persons who carry out lawful harm under circumstances that exclude the criminality of the act. The article substantiates the proposal to change the method of legal regulation of these circumstances and, based on it, it is recommended to significantly change the content of the norms of this chapter of the Criminal Code of the Russian Federation (using the example of Article 37 of the Criminal Code of the Russian Federation) in order to increase the effectiveness of their practical implementation.

Juridical Journal of Samara University. 2022;7(4):85-91
pages 85-91 views

Problems of exemption from punishment due to a change in the situation

Nurkaeva T.N.

Abstract

The article offers a scientific justification of the norms of Article 80/1 of the Criminal Code of the Russian Federation, examines some problems that arise when a convicted person is released from punishment due to a change in the situation, and identifies ways to solve them. The opinion is defended that the change in the public danger of a person cannot be assessed without the relationship with the crime committed. It is also argued that the category of the crime committed, as well as the establishment of the fact: whether the crime was committed for the first time or not, are in no way connected with a change in the situation and cannot by themselves affect the disappearance of the public danger of the crime or the person who committed it. The author of the article substantiates the conclusion that the change in the situation should be associated only with the loss of the public danger of the crime committed earlier.

Juridical Journal of Samara University. 2022;7(4):92-96
pages 92-96 views

Institute of multiple crimes: problems of codification

Semenova D.M.

Abstract

The article is devoted to the study of the institute of plurality of crimes from the perspective of codification of criminal legislation. In the light of the 25th anniversary of the Criminal Code of Russian Federation, the author of the article analyzes the changes in the institution of plurality of crimes, identifies the shortcomings of its consolidation in the codified criminal law associated with incomplete structural isolation and gaps. It is noted that the multiplicity of crimes is a socio-legal phenomenon, accordingly, the concepts and norms of the criminal law institute of the multiplicity of crimes should not be interpreted only formally and legally. The author of the article concludes that the ideas of the relationship between crimes committed by one person and the increased public danger of most variants of multiple crimes, as well as the identity of the recidivist, have conceptual significance for the inclusion of the institution of multiple crimes in the codification process and in general for the codification of criminal legislation. These ideas are a necessary condition for the development of a conceptually clear criminal policy that reflects the specifics of criminal liability relations and provides a resultant counteraction to crime.

Juridical Journal of Samara University. 2022;7(4):97-101
pages 97-101 views

Convict criminology in Russian discourse

Shchukina N.P.

Abstract

The article problematizes the status of domestic criminology of convicts in research and practical contexts, reflects the peculiarities of development of this discipline in its founding countries. It is said that Russia has a diverse experience of participation of former convicts in the study and reform of the institution of prison. It is suggested that the generalization of the practices of participation of convicts and former convicts in the study and reform of correctional institutions in Russia will contribute to the institutionalization of criminology of convicts in the Russian discourse. When determining research methods for the purposes of criminology of convicts, emphasis is placed on qualitative research. The possibilities of an autoethnographic approach in the study of correctional institutions are considered, with the inclusion of convicts and former convicts themselves as actors in this process. The possibility and necessity of discussing the regulatory grounds for the participation of convicts and former convicts in educational and research activities is problematized.

Juridical Journal of Samara University. 2022;7(4):102-108
pages 102-108 views

Theory of law and state

Judicial precedent as a formal source of law: theoretical issues

Spirin M.Y.

Abstract

The article provides a dogmatic analysis of the category «judicial precedent» as one of the types of formal source of law. The meaning and main types of legal precedent are determined. The construction of the judicial precedent is considered through the prism of its development in English law (common law and law of equity), the substantive features of the «stare decisis» principle are analyzed as a fundamental basis for the mandatory application of the judicial precedent in practice. An universal definition of a judicial precedent based on the analysis of its essential features is proposed. The author examines the categories «ratio decidendi» and «obiter dictum» within the framework of the judicial precedent and analyzes the features of their identification. The article provides a logical relationship between a court decision, judicial practice and judicial precedent, considers the main types of judicial precedent (binding, persuasive, rejected), their substantive features and regulatory significance. A comparison between precedent «de jure2 and precedent «de facto» is made, the value of the interpretation precedent in relation to the construction of the «legal position of the highest court» is established. The conclusion about the formation of the Russian doctrine of judicial precedent is made both at the level of the general theory of law and in the branches of Russian law.

Juridical Journal of Samara University. 2022;7(4):109-116
pages 109-116 views

Civil law

Legal relations arising when concluding public agreements: types and legal nature

Semenukha T.B.

Abstract

The article is devoted to the definition of the nature of legal relations that develop during the conclusion of public contracts. The author examines these legal relationships and reveals absolute and relative legal relationships that arise when concluding public contracts. The meaning and legal consequences of the obligation to conclude them are determined. The judgments expressed in science, according to which, prior to the commencement of the procedure for concluding a public contract between a person engaged in entrepreneurial or other income-generating activities, and the other party, there is an «absolute obligation» are critically evaluated. The inadmissibility of the idea that the abovementioned person does not have an obligation to conclude a public contract at all, and the action of article 426 of the Civil Code should be qualified as a reflexive action of law, is recognized as unacceptable. It is proved that the obligation relationship certainly arises within the framework of the construction of a public contract, but not from the moment the obligation arises to conclude it, but from the moment of the onset of a special legal fact – the appeal of a specific consumer.

Juridical Journal of Samara University. 2022;7(4):117-123
pages 117-123 views

Administrative law and process

Network form of realization of universities’ educational programs: has a certainty appeared?

Sheveleva N.A., Vasilyev I.A.

Abstract

In the article, the authors consider the latest by-law regulation of the institute of the network form of the implementation of educational programs in the higher education system of Russia. Despite the emergence of normative certainty on several issues, there are still quite ambiguous provisions. Thanks to this study, key ones have been identified and commented on. The popularity of the network form among universities is still relatively low. The authors have systematized several topical reasons for the conclusion of agreements on the network form by universities. Qualitative changes in the popularity of the online form can occur both thanks to new state programs («Priority-2030») and the renewal of development programs for leading Russian universities (for example, St. Petersburg State University). A separate issue is proposed at the sub-legal level as an approximate form of an agreement on the network form. The authors see the legal nature of such an agreement as undoubtedly administrative. But the conclusion of the agreement is accompanied by many nuances discussed in the article, and which must be kept in mind by universities. After the study, the authors highlighted priority issues for continuing to give the network form the expected normative certainty.

Juridical Journal of Samara University. 2022;7(4):124-135
pages 124-135 views

Criminalistics and forensic enquiry

Organizational bases of the preparatory stage of the inspection of the scene of a traffic accident

Gontarev А.А.

Abstract

This article analyses the activities of the internal affairs bodies in the field of solving and investigating crimes, related to the violation of traffic rules and the operation of vehicles, focuses on the specifics of preparation for the investigative action – inspection of the scene of a traffic accident, as one of the main investigative actions, as well as the importance of the actions of the investigator, related to the detection and fixation of the material and road situation at the scene of a traffic accident. The article emphasizes: a methodology for documenting crimes committed in the field of traffic safety and operation of transport, characterized by the fact that qualified persons are important from the moment such facts are reported, timely and competent actions of the investigator related to the detection and recording of the physical and road situation at the scene of a traffic accident, and the seizure of physical objects and traces due to the fact that they are subject to change within a short period of time. The inspection of the scene of a traffic accident is presented in the form of an investigative action, the essence of which is the direct perception by the person producing it of the material situation displayed on the road and the elements adjacent to it (objects) as a result of a traffic accident, in order to detect, fix and remove material traces and circumstances that make it possible to subsequently recreate the mechanism of the event, as well as other circumstances of the incident that need to be established in order to solve the tasks of criminal procedure.

Juridical Journal of Samara University. 2022;7(4):136-141
pages 136-141 views

Tribune of young scientist

Disputed issues of interpretation of some qualified types of incitement to suicide

Artamonova M.A.

Abstract

The article deals with qualified types of incitement to suicide, provided for in paragraph «a» of Part 2 of Article 110 of the Criminal Code of the Russian Federation. The author of the article acknowledges that the interpretation of relevant signs of the composition of incitement to suicide in the scientific literature and practice is not indisputable, and offers scientifically sound recommendations for their definition in order to apply them uniformly in the qualification of crimes. With regard to the qualified composition of incitement to suicide committed against a person who is obviously helpless for the perpetrator, it is recommended to interpret the sign «helpless state» in a narrower semantic meaning than is provided for the purposes of the compositions of murder (Part 2 of Article 105) and rape (Part 1 of Article 131) of the Criminal Code of the Russian Federation. The article substantiates the conclusion that the helpless state of the victim in the sense of Article 110 of the Criminal Code of the Russian Federation cannot be attributed, for example, unconsciousness; young age; a state of mental disorder of a person that deprives him of the ability to correctly perceive what is happening.

Juridical Journal of Samara University. 2022;7(4):142-145
pages 142-145 views

Features of pre-trial settlement of labor disputes of professional athletes in the norms of all-russian sports federations and professional sports leagues

Safin A.K.

Abstract

The article discusses the features of pre-trial settlement of labor disputes in professional sports. The historical aspect of formation of legislation in terms of dispute settlement in professional sports is revealed, the main signs of pre-trial settlement of labor disputes in professional sports are given, in particular, signs of autonomy and confidentiality. The approaches of All-Russian Sports Federations and professional sports leagues to the resolution of labor disputes of professional athletes both in the first and in the appellate instances are specified. The article also examines the problems of legal regulation of the status of bodies of all-Russian sports federations and professional sports leagues that resolve labor disputes of professional athletes. Necessary amendments to the current labor legislation of the Russian Federation are proposed for the purpose of properly consolidating the status of the above-described bodies. Possible risks are considered in the event of no changes in the labor legislation.

Juridical Journal of Samara University. 2022;7(4):146-151
pages 146-151 views

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