THE ISSUES OF LEGAL LIABILITY IN TRANSFER RELATIONS

Authors

  • Iuliia Dmitrievna Moreeva
  • Marina Viktorovna Teliukina Institute of Law and National Security of the Presidential RANEPA
  • Evgeniy Stanislavovich Kulikov РАНХиГС при Президенте РФ

DOI:

https://doi.org/10.52026/2788-5291_2024_78_3_84

Keywords:

Sports law, transfer agreement, sports liability, civil liability, transfer of an athlete to a new club, Russian Football Union, football law

Abstract

A transfer contract is a specific type of legal contract, which can be regulated not only by civil law but also by the corporate rules of sports federations. The regulation of transfer contracts in football is particularly relevant, as the Russian Football Union (RFU) regulates each stage of transfer relations in detail. Specifically, the RFU Regulations establish sanctions for violating the procedure of athlete transfer. These sanctions can be applied to both sports clubs and athletes. At the same time, the legal nature of these sanctions remains ambiguous, as the RFU is not a governmental body authorized to hold individuals legally liable. Nevertheless, the doctrine often highlights the concept of sports liability as a unique type of liability because the RFU has the authority to hold individuals liable under this type of liability.

In addition to sports liability, the possibility of holding participants in transfer relations liable under civil law remains debatable. On the one hand, a transfer contract is a civil law agreement and, accordingly, the general provisions of the Civil Code of the Russian Federation on obligations should apply to it. On the other hand, questions arise about the possibility of combining civil sanctions with sports sanctions and about the possibility of considering civil liability prior to sports liability.

In this article, the authors answered the above questions and structured the liability systems in transfer relations. Conclusions were made about situations in which sports or civil liability is applied, as well as about the possibility of applying both types of liability for a single violation by a sports club or a football player.

Author Biographies

Marina Viktorovna Teliukina , Institute of Law and National Security of the Presidential RANEPA

Doctor of Law, Professor

Evgeniy Stanislavovich Kulikov , РАНХиГС при Президенте РФ

Candidate of Law, Docent

Published

30.09.2024

How to Cite

Moreeva Ю. Д., Teliukina М. В., & Kulikov Е. С. (2024). THE ISSUES OF LEGAL LIABILITY IN TRANSFER RELATIONS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(78). https://doi.org/10.52026/2788-5291_2024_78_3_84