FINE AS A DISCIPLINARY SANCTION AGAINST ATHLETES: LEGALITY AND PROSPECTS

Sports organizations (clubs) often use a fine (financial penalty) in order to discipline athletes. However, since the relations between clubs and athletes are currently regulated by labour law and the parties themselves conclude an employment contract, the use of such sanctions, according to the author, is wrongful. Nevertheless, they are widely used by employers and are not disputed by athletes who prefer not to confront the leaders of their sports organization and pay a fine, which is usually a negligible part of their wages. In fact, there is a violation of law accompanied by the connivance of both parties to the legal relationship. Given that the agreement between clubs and athletes includes lots of provisions that do not fit into the subject of labour law (on the relations concerning image rights, on the participation of an athlete in advertising of the employer’s sponsors, on the redemption right, etc.), it may be concluded that the relations between athletes and sports clubs are not labour in their pure form, and the employment contract is not capable to settle all specific relations between the parties. The way out of this situation is the introduction of a new concept – «sports contract» – into the legislation within the framework of the sports contracting institute.