https://vestnik.volbi.ru/


PROBLEMS OF LIABILITY FOR INJURY TO HEALTH OF ATHLETES IN THEIR PROFESSIONAL ACTIVITIES

Back to articles of current journal
PDF: Author(s): Demyanova L. M., Dyakonova N. A., Kovtunenko A. V., Zaytsev V. V.,
Number of journal: 3(56) Date: August 2021
Annotation:

The article deals with the issues of regulation of liability for causing harm to human health during sports in the Russian criminal legislation. The author notes that when causing harm to human health while playing sports, the perpetrators should be brought to criminal liability in cases where one of the participants of the competition intentionally grossly violates the established rules of sports competitions. The authors studied the positions of such countries as Great Britain, Switzerland, France and others, identified and described the existing provisions of domestic scientists, and worked out a possible way to improve the current legislation on the issue under consideration. Causing harm to human health is possible as a result of a deliberate violation of the rules of the game. In our opinion, in this case the question of the criminal liability of the perpetrator must be resolved depending on the nature of the consequences that occurred. If the result of an intentional violation of the rules of the respective competitions was causing light or moderate injury to the health of the victim, the actions of the guilty should be qualified under Article 115 and Article 112 of the Criminal Code. In the case of infliction of serious harm to the victim’s health, the liability should come under Article 118 of the Criminal Code for negligent infliction of these consequences, since the attitude of the perpetrator to the consequences in this case is characterized not by intentional, but negligent guilt.

Keywords:

causing harm to health, sports, athlete, professional activity, liability, foreign experience, consent of the victim, training, sports competitions, sports contests.

For citation:

Demyanova L. M., Dyakonova N. A., Kovtunenko A. V., Zaytsev V. V. Problems of liability for injury to health of athletes in their professional activities. Business. Education. Law, 2021, no. 3, pp. 250—254. DOI: 10.25683/VOLBI.2021.56.345.