Discrimination in Sport’s Sphere: Concept, Legal Nature and Methods of Counteraction

Abstract

The authors of the article analyze current issues of how to qualify discrimination manifestations in relations to sports events. The authors distinguish two forms of the discrimination behavior; one of them represents the demeaning of dignity of the person on the ground of the person’s belonging to a certain social group. The second form relates to creating the restrictions to access to sports events participation based on the wrong interpretation of the equal opportunities of sportsmen. The first form of discrimination can be viewed as an actual component of extremism whereas the second one, being atypical, has complicated medical and legal nature that is not appropriately reflected in the legal norms of the sports legislation. Counteraction to the ordinary form of discrimination is feasible when one uses administrative and criminal legal instruments. The authors summarize significant volume of empirical material that shows the need for optimization of the law enforcement practice in this field. In the system of current law regulation of sports events, the priority is in imposing penalties on sports organizations if their members or participants of sports events allow manifestation of discrimination. People who are directly accountable for the discrimination manifestations rarely are found personally responsible for that which is not related at all to the character and degree of the social danger of discriminatory behavior.