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Понятие и природа спортивной ответственности
The article explores the concept of sports responsibility and its legal nature. The polemic of the views of a number of scientists on the definition of the concept of legal liability is given. The author concludes that legal liability is a legal relationship arising from the fact of an offense between the offender, the victim and the state, in which the offender’s duty to undergo the adverse legal consequences of their illegal actions corresponds, firstly, to the state’s obligation to apply state coercive measures to it, and secondly, the right of the victim to demand that the state bring the offender to legal liability and redress. This approach to understanding legal responsibility should serve as a methodological basis for considering the concept of sports responsibility and allows a more focused study of its content. It is proved that sports responsibility is an independent type of legal responsibility, which is a legal relationship arising from the fact of violation of sports norms and rules adopted by the law by an individual (athlete) or sports organization recognizing such norms, and the content of which is the obligation the subject of physical culture and sports who violated the sporting norm to undergo adverse consequences provided for by the sanction of sports standards, and enshrined in law the right of the All-Russian sport federation apply to the offender provided sport rules coercion. The characteristic features of sports (sports and legal) responsibility that distinguish it from other types of legal responsibility are: Features of the subject of sports responsibility, which consists in the fact that a person recognizing the sports norm is subject to bringing to sports responsibility; features of the coercive measures applied, which consist in the fact that coercive measures against the offender are established and applied by a non-governmental organization (the All-Russian Sports Federation) with the direct authorization of the state, fixed by federal law. These features determine the main specificity of sports (sports and legal) responsibility. This specificity consists in the fact that, being a legal responsibility, sports responsibility carries some (residual) signs of public responsibility.