Volume 03 Issue 08-2023
63
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
63-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article is devoted to one of the urgent problems of modern civil law - the place and role of insurance in the activity
of agents in the field of sports. The need to reform the current legislation in this area is proven. Attention is paid to
the existing contradictions between the legislation and local regulation of the sports sector. In order to create
additional legal guarantees, as well as to minimize the existing legal contradictions, it is necessary to introduce
mandatory civil liability insurance of certain categories of persons in the field of sports.
KEYWORDS
Civil law, sports agent, civil liability, insurance, agent's professional liability.
INTRODUCTION
The principle of the legal regime of agency activity in
sports should also include the obligation of
professional liability insurance of the agent.
From the point of view of compulsory insurance of the
liability of sports agents, it should also be borne in mind
that civil law establishes the obligation to conclude an
insurance contract only in cases clearly provided for by
law, which once again demonstrates that the local and
corporate requirements of sports federations do not
correspond to our current legislation.
In some areas of civil relations that require special legal
protection and regulation, there are regulatory
mechanisms aimed at ensuring the "healthy" activity of
these areas. An example of such a legal structure is the
regulation on compulsory civil liability insurance as one
of the leading private law institutions of legal
regulation of property relations. Compulsory civil
liability insurance, being a type of insurance, aims to
create additional guarantees for persons entering into
relations regulated by civil law, as well as to protect
their rights and legal interests.
Research Article
THE PLACE AND ROLE OF INSURANCE IN THE ACTIVITY OF AGENTS IN
THE SPORTS FIELD
Submission Date:
August 19, 2023,
Accepted Date:
August 24, 2023,
Published Date:
August 29, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue08-12
Yetmishboev Mukhtorjon Ma’murjon
Ogli
Academy Of The Ministry Of Internal Affairs Republic Uzbekistan, Tashkent City, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 08-2023
64
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
63-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In addition to the legal norms of legal regulation of
compulsory insurance, there are local regulatory legal
documents aimed at regulating this category of
obligations. As for the field of sports relations, among
such activities of a local nature, the rules of sports in
various sports occupy a special place.
The legal and local documents mentioned above help
to restore the violated rights of the victims from the
illegal actions of the entities with the help of the
mandatory insurance norms established in them, and
also serve as a guarantee of the fulfillment of
obligations by the latter. Such legal structures make it
easier to significantly compensate for the damage
caused to the property and life and health of the
injured party, as well as reduce the level of negative
consequences for the insured person as a result of
illegal actions.
If we look at the legislation of foreign countries, the
French sports code regulates the issues in detail:
-
legal status, activities and relations of subjects of
sports relations: subjects of public law (state,
national
state
institutions,
administrative-
territorial
structures,
public
interest
organizations);
-
sports associations and sports societies; sports
federations and professional sports leagues;
representation (French National Olympic and
Sports Committee, etc.) and mediating bodies,
athletes, sports coaches, sports referees and
referees, sports agents, other participants in
sports legal relations;
-
the general organization of physical education and
sports activities and the characteristics of such
activities in certain segments of the sports field;
-
sports training and education in the field of
physical education and sports; requirements and
restrictions in this area; control and supervision of
educational activities in the field of sports;
-
health protection of athletes, medical supervision
•
athletes;
-
fight against the use of doping, control and
preventive means in this field;
-
general organization of sports;
-
requirements for sports facilities and other sports
facilities;
-
obligations related to sports activities;
-
the procedure for organizing and holding sports
events, broadcasting them through mass media
and media coverage;
-
financing and state support of sports (especially
mass sports and high-achieving sports);
-
administrative offenses and criminal offenses in
the field of sports and responsibility for their
commission;
-
Features of the application of French sports
legislation in foreign departments and regions.
At the same time, insurance obligation is included by
the Code among obligations related to sports
activities.
In order to carry out their activities on the territory of
France, sports associations, societies and federations
conclude compulsory insurance contracts for their civil
liability, the liability of their hired or voluntary
employees and the liability of athletes. Similar
guarantees apply to sports referees and their activities.
In addition, mandatory conclusion of an insurance
contract is provided separately, primarily for engaging
in extreme sports.
For persons who use (use) sports facilities: sports
managers, teachers, coaches, all employees of the
User, as well as for persons who have permanent or
temporary access to the sports facility to engage in the
Volume 03 Issue 08-2023
65
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
63-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
subjects taught there the obligation to conclude
contracts on civil liability insurance is established.
In case of non-fulfillment of insurance obligations,
competent authorities may prohibit the opening of a
sports facility or make a decision on temporary or final
closure. Also, the obligation of the organizers of sports
events (with the exception of states and organizations
that have compulsory insurance for other reasons) to
insure, both their own civil liability and those who help
in holding this sports event, as well as the participants
of this event responsibility is provided.
Liability for offenses in the field of compulsory
insurance is defined in the Code.
For the convenience of policyholders, the Code
stipulates that sports federations recognized by the
Code may conclude collective insurance contracts,
which include insurance of their members. These
contracts must be concluded in accordance with the
legislation on competition.
In addition to mandatory insurance, the Code defines
measures aimed at developing voluntary insurance of
participants in sports legal relations.
Thus, sports associations and federations are obliged
to inform their members about the benefits of
concluding a personal insurance contract that covers
sports physical damage.
As a second example, I would like to cite the
mandatory sports insurance model implemented in the
USA, for example, Title 5 of the Arizona Revised Code
of Laws, which is called “amusement and sports”.
The American insurance business is a reliable leader in
the world insurance market on a very large scale and
by all possible indicators. There are about 9,000
property insurance companies and about 2,000 life and
health insurance companies in the United States. The
assets of all insurance companies are about 2.5 trillion.
Dollar.
Arizona's regulatory framework for various aspects of
sports is of interest for the following reasons:
- Arizona is one of the States with a general size, the
normative legal material regulating relations in the
field of sports is very large;
- The state of Arizona has a multi-element legislation in
the field of sports relations.
- High level of sports development in the state of
Arizona. At the state's three public universities
(University of Arizona, Arizona State University
(University of Phoenix), and Northern Arizona
University) and several colleges, athletic activities are
very widespread and developed;
- Unique geographical and administrative-territorial
features of the state of Arizona. A large part of the
territory of the state corresponds to mountains,
plateaus and deserts, which means that it is not
possible to talk about very favorable conditions for
mass sports. However, due to Arizona's large area and
varying elevations, the state has many different
climates.
In addition, the Arizona Sports Code: - it contains
substantive and procedural law norms in various areas
- civil, administrative and administrative-procedural,
criminal, criminal-procedural and criminal-executive
laws, environmental law, commercial, insurance,
information law, norms of legal regulation of sports
broadcasting and marketing, a complex cross-sectoral
regulatory
legal
document
containing
highly
Volume 03 Issue 08-2023
66
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
63-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
specialized norms regulating social relations in the field
of sports.
Mandatory insurance issues in the field of sports are
reflected in the “Sports Code” of Arizona. In particular,
mandatory life and health insurance of participants in
boxing, unregulated fights, hand-to-hand combat and
other martial arts competitions is provided.
A prerequisite for obtaining a license by a promoter or
match organizer in the above disciplines is the
submission of a copy of the relevant insurance contract
to the Arizona Boxing Commission.
However, in the event of an injury in competition, the
athlete's health insurance for medical, surgical and
hospital care, the boxer himself will deduct and pay
only twenty-five dollars as a premium to the insurer.
should be done in the amount of twenty thousand
dollars. The athlete's life insurance is carried out in the
amount of at least fifty thousand dollars, which is paid
in case of death from injuries received during the
competition. In this case, the promoters are
responsible for concluding insurance contracts and
paying the main part of the insurance premium.
Arizona's “sports code” also provides for mandatory
liability insurance for owners of plots of land where
sports facilities are being built, as well as those
engaged in construction.
In conclusion, the principles of the legal regime of
agency activity in sports should include mandatory
special accounting of agency activity subjects in the
form of special registration with the relevant sports
federation/association,
as
well
as
mandatory
professional liability insurance of the agent. From the
point of view of mandatory liability insurance of sports
agents, it should also be remembered that the Civil
Code stipulates the obligation to conclude an
insurance contract only in cases where it is clearly
provided for by law, which once again demonstrates
the
incompatibility
of
local
and
corporate
requirements of sports federations with our current
legislation. is enough.
REFERENCES
1.
http://www.insurebiz.ru/archive/?act=18.
2.
Title 5 «Amusements and Sports» of the
Arizona
Revised
Statutes
//http://www.azleg.state.az.us/ArizonaRevised
Statutes.asp?Title=5>.
3.
Title 20 «Insurance» of the Arizona Revised
Statutes
//http://www.azleg.gov/ArizonaRevisedStatut
es.asp?Title=20>.
4.
Етмишбоев
М.
Спорт
со
ҳ
асидаги
шартномавий
муносабатларни
фу
қ
аролик
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ҳ
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атдан
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Ҳ
АСИДАГИ
АГЕНТЛИК
ФАОЛИЯТИ
ТУШУНЧАСИ
,
ЎЗИГА
ХОС
ХУСУСИЯТЛАРИ
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