Lex Sportiva

INVESTMENT ATTRACTION IN THE FIELD OF SPORTS: MODERN APPROACHES AND THE CONCEPT OF PUBLIC-PRIVATE PARTNERSHIP

Iryna-Mariia Mykhailivna Huk — 2025-12-30

In today's context of socio-economic transformations, the issue of effective functioning and development of physical culture and sports is of particular relevance. Given the limited budgetary resources, growing competition for funding, and the need to modernise sports infrastructure, attracting additional sources of funding, including investments, is an important prerequisite for the sustainable development of the sports industry. One of the most promising mechanisms for ensuring financial stability and implementing large-scale sports projects is the use of a public-private partnership model. The relevance of the topic is driven by the need to systematically rethink the role and opportunities for public-private cooperation in the field of sports in the context of decentralisation, post-war recovery of Ukraine, and global trends in the integration of sports into economic and social processes. In this context, sport is both a means of physical rehabilitation and an effective mechanism for psychological support, strengthening social ties and creating new life goals for veterans. Public-private partnerships as a form of interaction provide an opportunity not only to attract extra-budgetary funds but also to improve the efficiency of sports infrastructure management, introduce innovative approaches to the implementation of sports programmes and projects, and expand access to quality sports services for citizens, including veterans. The article examines the potential of public-private partnerships (PPPs) as a tool for attracting investment in the field of physical culture and sports in Ukraine, especially in the context of post-war recovery and decentralisation. Emphasis is placed on the legal nature of PPPs, their evolution in the international context, and the possibilities of creating inclusive sports infrastructure with the participation of the private sector. Special attention is paid to the role of sport in the physical and social rehabilitation of veterans. It is noted that the PPP model promotes effective management, innovation, and increased access to quality sports services for citizens. The necessity of developing new mechanisms of state support and balancing the interests of business and society is substantiated.

LEGAL REGULATION OF SPORTS AGENTS IN UKRAINE AND INTERNATIONAL STANDARDS

S.M. IVASHCHENKO — 2025-12-30

This research is dedicated to a comprehensive analysis of the legal framework governing the operation of sports agents as indispensable and key actors within professional sports legal relationships. The urgency of this study stems from the increasing economic importance of the sports industry and the pressing need to ensure the transparency, ethical conduct, and overall effectiveness of agency activities, which directly impact athletes' careers and the financial sustainability of sports clubs. The paper conducts a detailed comparative legal analysis of both Ukrainian national legislation pertaining to intermediary activities in sports and the leading international legal instruments and rules established by major international sports federations, particularly the FIFA Football Agent Regulations (FFAR) and UEFA rules. Specific focus is placed on identifying the main lacunae and conflicts of law within the current regulatory environment. Among the key problems highlighted are the lack of clarity in the procedures for licensing and certification of sports agents, gaps in establishing their financial and disciplinary liability, and the mechanisms for effective protection of the rights and interests of athletes, who are often in a vulnerable position relative to agents and clubs. A significant part of the discussion centers on the conflicts between the imperative norms of international sports law (lex sportiva) and the provisions of domestic Ukrainian legislation. Based on the analysis, the article provides concrete recommendations for improving the national legal framework, specifically through the mandatory and full implementation of modern international standards, such as the new FIFA Regulations, into domestic sports law. This implementation is argued to be crucial for increasing transparency in transfer agreements, minimizing the risks of corruption in sport, and ensuring fair and impartial dispute resolution involving agents, including access to the Court of Arbitration for Sport (CAS).

ORGANIZATIONAL AND LEGAL SUPPORT FOR THE DEVELOPMENT OF E-SPORTS IN UKRAINE

S.F. KONSTANTINOV — 2025-12-30

The article is devoted to the analysis of the organizational and legal support for the development of e-sports in Ukraine. The following are considered: the impact of the war (staff outflow, loss of sponsors), psychological and physical risks for players (stress, addiction, exhaustion), imperfection of the legislation (lack of norms for contracts, IP, protection of minors), chaotic development due to weak regulation. International experience (Korea, China, USA, EU) demonstrates hybrid models of regulation that can be adapted. In Ukraine, the development is provided by the E-Sports Federation (UESF) and UPEA through tournaments, education, social projects, but there is a lack of state funding. Areas of improvement: media campaigns, investments ($20 million/year), infrastructure (arenas, hotels), visa simplification, benefits, educational programs, self-regulation. Particular attention is paid to the legal aspects of the industry: the lack of special norms in the legislation, the problems of concluding contracts between players and clubs, the protection of intellectual property rights, anti-doping control and regulation of the activities of minors. The role of leading organizations – the Ukrainian Esports Federation (UESF) and the Ukrainian Professional Esports Association (UPEA) – in the formation of the national esports ecosystem through the holding of competitions, the creation of educational programs, social projects and international representation is analyzed. It is concluded that esports in Ukraine has a high potential for economic growth, digital transformation and social adaptation of youth, however, its further development requires systemic state regulation, legal certainty, attraction of private capital and integration of international standards. The article is of scientific and practical interest for specialists in the field of law, sports, public administration and information technologies.

CORRELATION OF INTERNATIONAL LAW NORMS WITH DOMESTIC LEGISLATION IN THE FIELD OF PHYSICAL CULTURE AND SPORTS

L.V. ROMANENKO — 2025-12-30

The article examines the correlation of the norms of Ukrainian legislation with the acquis communautaire in the field of physical culture and sports.The relevance of the research topic is due to the need to bring the country's domestic legislation into line with EU legislation. The work pays attention to the gradual implementation of the norms of international law into domestic legislation in the sports sector. It is proven that the integration of Ukrainian sports organizations into international sports structures requires ensuring an effective process of implementing the norms of international law into national legislation and strict compliance by the state with international legal obligations in the field of physical culture and sports. The need for a systematic study of the role played by the European Union in the legal regulation of activities in the field of physical culture and sports is noted in connection with Ukraine's acquisition of candidate status to the European Union on June 23, 2022. It is emphasized that changes are constantly being made to the domestic sports legislation of Ukraine, dictated by the experience of international sports organizations, European sports legislation; or vice versa – national sports federations, having borrowed some experience from European countries, turn to the authorities with proposals to amend existing or adopt new regulatory legal acts. It is proven that for the effectiveness, harmony, and balance of such changes, it is necessary to comply with the structural status of the complex of norms regulating sports relations as a separate branch of national law. In the article, the author focuses on the obstacles that arise in the process of systematizing sports legislation and suggests ways to solve them. The conclusion is made about the need to ratify the following international documents in the field of physical culture and sports: the Code of Sports Ethics and the Code of Sports Arbitration.

LEGAL STATUS OF INTELLECTUAL PROPERTY IN THE SPHERE OF SPORTS

M.M. TOPORKOVA — 2025-12-30

The article examines the features of the legal status of intellectual property objects in the field of sports, their commercial use and protection in the context of the modern sports industry. The specifics of the sports sphere as a subject-object area of intellectual property regulation are analysed, in particular the interaction of various forms of rights, such as copyright, patent law and trademark law. The legal mechanisms for the transfer and exercise of rights to intellectual property objects between athletes, sports organizations, media partners and other entities are considered. Special attention is paid to the athlete’s right to his own image, as well as to ways to prevent unfair commercial use of his name and image without consent. It is determined that the commercialization of sports products and services forms new forms of legal relations, and effective protection and use of intellectual property contributes to increasing the investment attractiveness of sports events and the financial stability of sports organizations. The authors emphasize the need to modernize Ukrainian legislation taking into account international standards and the formation of a comprehensive legal model of intellectual property in sports, which is a prerequisite for the integration of national sports law into the European legal space. The paper uses theoretical, systemic-structural and formal-legal research methods, which allowed for a comprehensive assessment of legal problems and prospects for the development of legal regulation of intellectual property in sports activities.