THE GAPS AND COLLISIONS IN LEGAL REGULATION OF LABOR IN THE SPHERE OF PHYSICAL CULTURE AND SPORT IN THE REPUBLIC OF KAZAKHSTAN

Authors

  • Muslim Khanatovich Khassenov
  • Ruslan Omarovich Bukenov

DOI:

https://doi.org/10.52026/2788-5291_2021_64_1_120

Keywords:

labor relations, physical culture, sports, differentiation, professional athletes and coaches, sports contract

Abstract

This article presents the results of a study of the legal nature of a sports contract and the legal status of professional athletes and coaches who are parties to labor relations with physical culture and sports organizations.

The article substantiates the need for special legal regulation of labor in the field of physical culture and sports. The authors consider foreign experience, including the legislation of the states of the Eurasian Economic Union, as well as France, Italy, Spain, the United States, where independent norms have been established that regulate labor relations in the sports field. The legal regime of labor of employees in the field of physical culture and sports, based on the best examples of world practice and the interests of athletes and coaches, is of high theoretical and practical importance.

Despite the obvious advantages and the available foreign experience, in the legislation of Kazakhstan, the differentiation of labor of employees in the sphere of physical culture and sports has not found a normative determination. Neither labor legislation nor the Law "On Physical Culture and Sports" contains the specifics of regulating the labor of employees in this area, which is the main gap in legal regulation.

The authors identified gaps and collisions in the legislation on physical culture and sports of Kazakhstan in terms of the erroneous determination of the civil nature of the contract on sports activities, substantiating the presence of all signs of an employment contract.

As a result of the analysis of the legislation of Kazakhstan, the authors came to the conclusion that it is necessary to establish a differentiation of labor of employees in the field of physical culture and sports, in connection with which recommendations were prepared for amending and supplementing the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Physical Culture and Sports", as well as development of a sectoral agreement on social partnership and regulation of social and labor relations in the field of physical culture and sports.

Published

30.03.2021

How to Cite

Khassenov М. Х., & Bukenov Р. О. (2021). THE GAPS AND COLLISIONS IN LEGAL REGULATION OF LABOR IN THE SPHERE OF PHYSICAL CULTURE AND SPORT IN THE REPUBLIC OF KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(64). https://doi.org/10.52026/2788-5291_2021_64_1_120