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PAGE NO.
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10.37547/tajpslc/Volume07Issue05-24
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SUBMITED
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Vol.07 Issue05 2025
CITATION
Nazarov Shokir Xidirbayevich. (2025). The legal regulation of professional
sports: current state and challenges
–
a comparative legal analysis. The
American Journal of Political Science Law and Criminology, 7(05), 220
–
224.
https://doi.org/10.37547/tajpslc/Volume07Issue05-24
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© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
The legal regulation of
professional sports:
current state and
challenges
–
a
comparative legal analysis
Nazarov Shokir Xidirbayevich
Tashkent State University of Law, Independent researcher, Tashkent,
Uzbekistan
Abstract:
This article discusses the concept of
professional sports, its emergence, various and
distinctive features of sports. At the same time, the
opinions of foreign scientists and domestic scientists
who have conducted scientific research in this area, as
well as the experience of foreign countries, are
analyzed. In addition, the history of legal regulation of
professional sports, as well as the evolution of legal
regulation, is explored. The formation of legal
documents regulating professional sports in national
legislation and existing problems in legislation were also
studied. Although the legal regulation of professional
sports by sports organizations has been developing for
a long time, how government regulation of this area
occurs is being discussed.
Keywords:
Professional sports, legal regulation,
International Olympic Committee, National Olympic
Committee of Uzbekistan, sports agents.
Introduction:
In the Republic of Uzbekistan, it is difficult
to say that professional sports are sufficiently regulated
by the legal documents governing physical education
and sports relations. Although the concept of
professional sports is mentioned in the legislation, it is
described as a part of sports related to the organization
and conduct of sports competitions, where athletes
participate as their main activity and receive rewards
and/or salaries for their preparation and participation
[1].
The origin and development of the concept of
professional sports has been the subject of numerous
scientific studies conducted by researchers. Certain
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The American Journal of Political Science Law and Criminology
issues related to the legal regulation of professional
relations in the field of sports have been explored in
the Commonwealth of Independent States (CIS) by
scholars such as S.V. Alekseev, K.N. Gusov, O.A.
Shevchenko, A.A. Solovyov, V.N. Platonov, S.I. Guskov,
V.E. Gorshkov, and others [2], Similarly, in other
foreign countries, scholars such as M. Beloff, T. Kerr, A.
Johnson, J. Frey, J. Nafziger, and others have studied
this issue in their scientific research [3].
In addition, scholars have conducted scientific research
on the concept of professional sport, its origins, its
distinctions from other types of sports, and its unique
characteristics, presenting their views to the scientific
community.
M.G. Vulakh emphasizes that the formation of the
concept of professional sport emerged as a result of
the differences between Olympic sports and amateur
sports, as well as the distinctive diversity between
them. N.A. Ovchinnikova, commenting on the
historical background of the concept of professional
sport, stated that it initially emerged as the opposite of
the concept of amateur sport.
At the end of the 19th century, criteria defining the
status of professional athletes began to be published
in the official documents of the International Olympic
Committee (IOC). Moreover, the first set of rules
containing several clauses revealed the distinguishing
features of amateurs compared to professional
athletes. It is noted that individuals who had not
previously participated in open competitions, who had
not competed elsewhere for monetary rewards, who
had not competed against professional athletes, and
who had not received payment for working as a
physical education instructor or teacher could be
considered amateur athletes.
Later, the concept of amateurism evolved and started
to be interpreted as one of the conditions for athletes'
participation in the Olympic Games.
According to the Law of the Republic of Uzbekistan “On
Physical Culture and Sports” dated September 4, 2015,
the part of sport aimed at strengthening people's
health by voluntarily involving the population in mass
sports is referred to as amateur sport.
According to Rule 45 of the Olympic Charter of the
International Olympic Committee (IOC), and its official
interpretation, the minimum requirements for
participation in the Olympic Games are established,
particularly with regard to the athlete's financial
interests. Specifically:
•
First, an athlete’s participation in the Games
must not be determined by any financial factors;
•
Second, athletes must not use their name,
image, or sports achievements for advertising purposes
during the Olympic Games.
In this regard, despite the tendency toward
convergence in the legal status of professional and
amateur athletes, we can conclude that the distinction
between professional and amateur sports remains
significant. At the same time, it can be said that
professional sports and Olympic sports represent two
separate poles with distinct focuses and high-
performance expectations.
Professional sport primarily belongs to the domain of
economic relations. At its core, it is designed to create
opportunities for spectators to provide rewards to
professional athletes and competition organizers.
Olympic sport, on the other hand, focuses mainly on
preparation for and participation in the Olympic Games,
with its effectiveness measured by outcomes in the
Games
—
such as the number of medals won and the
unofficial team rankings of national squads.
During the analysis of scientific research, several unique
features have been identified that help distinguish
professional sports from other types of sports. In
particular:
1.
For a professional athlete, professional sport
constitutes their main occupation and primary source of
income, including systematic remuneration for labor
within a set timeframe, as well as various types of
pensions, bonuses, and rewards [8].
2.
While the entertainment value of sports is
generally a characteristic of sport as a whole, it holds the
greatest importance in professional sports. Therefore,
professional sport is represented as an activity aimed at
producing and selling a product that must attract the
attention of spectators, sponsors, and television
broadcasters [9].
3.
A distinguishing feature of professional sport is
the occurrence of unexpected twists and captivating
events, which often culminate in emotionally charged
moments for the audience [10].
4.
In professional sports, the business aspect is
closely linked to the survival of competitors. Teams in a
league are not interested in the financial collapse of
their rivals, as such an event could negatively impact the
overall economic environment of all participants. As a
result, businesspeople in the sports sector often
operate more as business partners rather than direct
competitors [11].
5.
In competitions organized by professional
sports organizations, failure to create and maintain a
competitive environment may lead to a loss of public
interest and the attention of the media and sponsors
[12].
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6.
In every branch of professional sport, forming
a sports elite
—
so-called "monimen" (recognizable
athletes who capture public attention and have gained
popularity)
—
is of significant importance. To further
promote such athletes, not only their achievements
but also details about their personal lives, interests,
income, and similar aspects are often used [13].
7.
The existence of an effective and continuously
improving system of social protection for athletes can
also be regarded as an important characteristic of
professional sport. The interests of professional
athletes are protected by respective athlete (e.g.,
footballer) unions. In defending their interests,
intermediary agencies (sports agents) play a crucial
role by concluding commercial contracts on their
behalf and managing investments [14].
The Presidential Decree of the Republic of Uzbekistan
No. PQ-336 dated July 29, 2022, "On measures for the
further development of Olympic sports wrestling
disciplines", includes definitions for "professional
athlete" and "professional coach."
However, although the Law of the Republic of
Uzbek
istan “On Physical Culture and Sports” (dated
September 4, 2015) contains the concept of
"professional sport," it does not define the terms
"professional athlete" or "professional coach."
Moreover, Article 3 of the Law mentions the concept
of professional sport, and Article 15 includes provisions
related to engaging in and organizing professional
sports. Yet, in the remaining 47 articles of the Law,
there are no additional provisions specifically
addressing professional sport, professional athletes, or
professional coaches.
Naturally, unless these legislative gaps are filled,
unresolved issues that fall outside the legal framework
will arise in relationships governed by law.
As noted in one analysis, “Professional sport exists
regardless of whether it is legally recognized, but the
lack of regulation of the specific features of this field
hinders the creation of civilized conditions for its
development and operation” [15].
According to a number of legal experts [16], the
current legislative policy aimed at removing norms
regulating relationships in the field of professional
sports should be evaluated negatively.
To ensure proper legal regulation of professional
sports in Uzbekistan, a separate law dedicated to this
field must be developed. Although the current legal
framework indicates that the organization and
functioning of professional sport should be defined by
legislation, finding a specific normative legal act
governing this area remains a challenge.
Before developing and adopting norms to regulate
relations in professional sport, it is necessary to examine
the current state of the legal regulation system in this
area.
Legal regulation refers to the activity and behavior of
the legislator in creating legal norms. According to many
legal scholars, legal regulation is the process of
organizing social relations through a set of specific legal
instruments. However, the question of which entities
implement legal regulation and what constitutes legal
instruments remains a matter of debate [17].
Currently, there exists a dual-subject system for the
legal regulation of professional sports: on one hand,
there is the historically developed self-regulation
system implemented through public organizations
(international and national sports federations and
professional sports leagues), and on the other hand, an
increasing level of state regulation.
Historically, relations in the field of sports
—
including
professional sports
—
have been subject to self-
regulation. This system developed and improved over
time. In the late 19th century, international sports
associations were established to allow athletes from
different countries to compete. These associations later
evolved into national sports federations, leagues, and
international federations. The International Olympic
Committee (IOC) was established as the governing div
of these organizations.
As social relations in the field of sports evolved and
became more complex, the legal documents regulating
them
—
developed
by
sports
organizations
—
also
improved. Currently, the regulations approved by sports
organizations govern matters such as:
•
the legal status of participants in sporting
events;
•
the criteria for participation in competitions;
•
redistribution of revenue from sports events;
•
transfer of athletes between sports clubs;
•
disciplinary actions for violations, among
others.
These regulatory norms play a key role in the
development of legislation in the field of professional
sports. While the legal regulation of professional sports
by sports organizations has developed over a long
period, state regulation in this area is still at an early
stage. The role of the state in the legal regulation of
professional sports remains undefined, and attempts to
legislate certain aspects have led to legal disputes and
unresolved issues [18].
For instance, according to the Law of the Republic of
Uzbekistan “On Physical Culture and Sports”,
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The American Journal of Political Science Law and Criminology
“professional sport” is defined as the part of sport
related to organizing and conducting sports
competitions in which athletes participate as their
primary activity and for which they receive a reward
and/or salary for training and participation” [19].
However, this definition does not fully reflect the
essential features of professional sport for the
following reasons:
•
Firstly, the characteristics mentioned in the
definition relate more to the professional athlete than
to professional sport as a whole.
•
Secondly, the definition does not provide a
clear distinction between professional, mass, and
amateur sports. Athletes who receive payment may
still participate in amateur competitions. Therefore,
currently, participation eligibility is determined not by
an athlete’s status but by whether they meet the
admission criteria set by the respective sport
federations [20].
As stated in the lit
erature, “Today, professional sport is
a paid sports service that ensures economic and socio-
political efficiency for the stakeholders in the sector
and offers high-level informational and entertainment
value to spectators.” In contrast to mass sport, whic
h
is primarily non-commercial and focused on social
goals, professional sport includes a commercial
component and is characterized by economic
performance [21].
In France, relations in the field of professional sport are
extensively regulated by state legal norms. The state
regulates areas such as:
•
structuring the management of professional
sports at national and local levels;
•
taxation, labor, and social security;
•
the system of state subsidies;
•
the rules and procedures for granting
broadcasting rights for sports events;
•
regulation of agency activity, and more [22].
French legislation also specifically regulates how
subsidies are allocated to sports organizations. For
example, the French Sports Code stipulates:
•
that public funds must be spent in the public
interest;
•
and that subsidies for a single sports season
may not exceed €2.3 million [23].
Uzbekistan could benefit from adopting aspects of
France’s experience in the regulation of public funding
for professional sport, which ensures more effective
and socially beneficial allocation of budget resources.
A law on professional sport in Uzbekistan could include
provisions related to:
•
defining the legal status of governance
participants in professional sport;
•
state support and social protection for
professional athletes;
•
registration and accreditation of sports
federations;
•
the legality of financing;
•
governance relations between professional
clubs,
leagues
(associations),
national
sports
federations, and the National Olympic Committee of
Uzbekistan;
•
organizational principles for conducting sports
lotteries and betting;
•
compensation for preparing athletes and
handling appeals or complaints;
•
training of referees;
•
issuing and revoking licenses;
•
regulation of relations between clubs, leagues,
federations, sponsors, and the media.
Uzbekistan’s current model for managing and legally
regulating public relations in professional sport involves
two subjects: sports organizations and the state. While
sports organizations continue to play a major role in
regulating professional sport, state intervention is
increasing. However, the present state regulation of
professional sport cannot yet be considered effective.
Therefore, the following challenges must be addressed:
1.
Finding an optimal balance between self-
regulation and state regulation in the field of
professional sport;
2.
Clearly defining the boundaries of state
intervention in regulating relations within professional
sport.
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