TO THE PROBLEM OF CLASSIFICATION OF MEDICAL AND LEGAL RELATIONS IN SPORTS LAW OF UKRAINE

Abstract

The article reveals the problematic aspects of classification of medical and legal relations in sports law of Ukraine. Attention is drawn to the inconsistency with the current conditions of the widespread in scientific circles division of law into branches by the criterion of subject matter and method. It is found that the subject matter of sports law of Ukraine is in the process of transformation, and the range of social relations regulated by its norms tends to grow. This is substantiated by: a) the ongoing adaptation of Ukraine's national legislation to the principles and standards of the European Union; b) the gradual replacement of the recommendatory rules of international sports organizations by uniform international standards; c) the increasing role of sport in ensuring public health. It is emphasized that the subject matter of sports law in Ukraine usually does not distinguish a separate group of medical and legal relations. It is proposed to classify medical and legal relations in sports law according to various criteria. By the purpose of legal influence: a) regulatory; b) law enforcement. By direction: a) internal organizational; b) relations relating to medical rights and obligations of individuals in the field of sports; c) medical tort relations; d) relations on health insurance; e) relations on physical rehabilitation; f) external organizational relations. By subjects: a) relations between individuals and medical professionals; b) relations between individuals and legal entities; c) relations between legal entities. By the vector of interaction between subjects: a) vertical and b) horizontal. By nature: a) material and b) procedural. It is underlined that the choice of a particular criterion for classification of medical and legal relations in sports law of Ukraine depends on what the researcher puts into understanding sports law and its subject matter. The author supports the scientific position on the systematization of sports law for more efficient application of the rules and a clear definition of the subject matter of legal regulation. The author concludes that it is difficult to classify medical and legal relations in sports law of Ukraine due to the variety of approaches to its essence.