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6LEGAL VECTOR IN HERITAGE OF OLYMPIC AND UNIVERSIDE MOVEMENT IN THE RUSSIAN FEDERATION
V.N. Zuev, professor, Dr.Hab.
O.Yu. Vinnichenko, professor, doctor in Law
N.G. Milovanova, professor, Dr.Hab.
Tyumen state university, Tyumen
Key words: law, legal act, decree, order, administration, entities, management, Olympic Games, World Universiades.
Introduction. In its political and social significance Olympic Games and World Universiades beat the whole world. The decision of the International Olympic Committee and the International University Sports Federation (IUSF) on staging of the XXII Winter Olympic Games "Sochi-2014" and the XXVII World Summer Universiade in Kazan is of great importance for the political, economic and social prestige of Russia [2], [3]. Besides one should not underestimate the level of the tasks that have been entrusted to the Russian Federation in association with the implementation of these projects. It was also planned to carry out modernization of legal acts and their positive legacy during the preparation and staging of major international events in our country.
The present conditions of functioning of the system of physical culture and sport are distinguished by the variety of managerial approaches, emerging various segments of management, which is stipulated by quality control via the regulatory framework [1, 4, 6, 7].
Political, socio-economic conditions of the country, as well as the leading country in the international sports movement in the Soviet and post-Soviet periods stipulated for elaboration of innovative legal acts for the state and social life to regulate the preparation and staging of the XXII Winter Olympic Games"Sochi-2014" and XXVII World Summer Universiade in Kazan. Methodological bases of the study. In the work we used a modern methodological apparatus of the theory of the sports law and the state, as well as of physical education including general scientific and special methods of scientific knowledge. The chronological framework of the study covers the period of 2007-2013, which is characterized not only by systemic changes in the Russian society, but also by global transformation processes, that would significantly change the field of physical culture and sport. Obviously, this is due to the fact that the main basic elements of public policy in preparation of the "Kazan - 2013" and "Sochi - 2014" projects had been formed on the basis of advanced domestic and international experience. Along with the necessity of increasing the role of the state and state implementation of the science based policy
in the field of physical culture and sport, the role of the federal state authorities in the sports industry remains traditionally significant. It is important to determine the parameters and limits of the specific content of the emerging innovative sports movement in Russia. Organization of the study. We have identified two stages in the legal vector of the legacy of Olympic and Universiade movements. The empirical base of the study was formed by the legal documents governing the state and social relationships developing in the sphere of physical culture and sport of the Russian Federation.
First stage - the study of the legal acts that contributed to the efficient and effective staging of the XXVII World Summer Universiade.
Second stage - setting the definition of the dominant role of the entities performing and implementing the legal and regulatory framework of the project "Sochi-2014". During the organization of the study we faced the task of continuing the course, originated in the post-Soviet period, of reforming the state policy in the sphere of physical culture and sport. It was assumed that legal acts will be formed on the basis of federalism, which is based on the use of domestic experience, taking into account the historical mistakes and past achievements of Russia as well as the global practice of governing the sphere of physical culture and sport in general. The study took into account the degree of managerial activity in the regulation of federal relations in the conditions of market economy, freedom of economic activity and adequate democratic regime. [4]
During the research there were widely used means of legal monitoring of the existing regulations, public relations, included in the considered scope of legal regulation, which contributed to the efficient and effective staging of the XXVII World Summer Universiade. The following documents were used as an evidence in the study (Fig. 1). Decree of the President of the Russian Federation dated 23.12.2008 № 1810 "On the preparations for staging of the XXVII World Summer Universiade 2013 in Kazan" and the subsequent decree of the Government of Russia and the Republic of Tatarstan enabled to systematize the entire preparatory process and the overall strategy of the organization and staging of the World Universiade in Kazan.
By the decree of the Government of the Russian Federation dated 12.01.2009 № 18-P there has been founded an Organizing Committee on preparation and staging of the Universiade 2013 under the leadership of the Deputy Prime Minister of Russia I.I. Shuvalov. By the decree of the Government of the Russian Federation from 25.06.2009 № 870-p there has been established an Autonomous Nonprofit Organization "Executive Board of the XXVII World Summer Universiade 2013 in Kazan".
The role of the supreme governing body of ANO "Executive Board of the XXVII World Summer Universiade 2013 in Kazan" was performed by the Supervisory Board, which provided interdepartmental coordination, set the strategic direction of the Directorate, contributed to its interaction with international sports organizations and other organizing committees of the World Student Games.
In pursuance of the contractual obligations of the Russian Federation to ensure free entry of the Games - 2013 participants on the territory of Russia, the Presidential Decree "On the procedure of entrance to and departure from the Russian Federation of foreign citizens and stateless persons in connection with the XXVII World Summer Universiade in 2013" was signed on the date of 30.03.2012. According to the Decree a free entrance and departure from Russia is provided for the Universiade participants in the period from June 25 to July 25, 2013 upon presentation of a personal accreditation certificate and a valid identity document.
For the purpose of co-financing the construction of facilities for the XXVII World Summer Universiade 2013 in Kazan, the Decree of the Government of the Russian Federation dated 27.12.2010 № 1134 "On approval by the federal budget of the provision of subsidies to the autonomous non-profit organization "The Executive Board of the XXVII World Summer Universiade 2013 in Kazan" was approved. For the legislative recognition of safety measures the following legal documents were adopted: 1. By the Decree of Russian Federation Government № 469 dated 16.04.2012 a comprehensive security plan for the Universiade was approved, which defined main objectives, principles, subjects, organizational bases of activity in this area, highlighted the possible security threats, the main objects, processes and activities that should be protected during preparation and hosting of the Universiade; 2. A Decree of the Government of the Russian Federation dated 30.08. 2012 № 873 (as amended on 21.12.2012) "On approval of the rules for granting subsidies from the federal budget of the Russian Federation for preparation and staging of the XXVII World Summer Universiade 2013 in Kazan" to ensure the external security perimeter of the Universiade objects and their equipment with technical resources [2, 8, 11].
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Decree of the President of the Russian Federation dated 23.12.2008 № 1810 "On preparation for the XXVII World Summer Universiade 2013 in Kazan '
Decree of the Russian Federation Government dated 12.01.2009 № 18-r "On the establishment of the organizing committee on preparation and staging of the Universiade 2013"
Decree of the Government of the Russian Federation dated 25.06.2009 № 870-p "On the establishment of the Autonomous Nonprofit Organization "Executive Board of the XXVII World Summer Universiade 2013 in Kazan"
Decree of the Government of the Russian Federation dated 15.07.2009 № 564 "On the implementation of coordination and control of the activities of the federal executive bodies"
The Presidential Decree dated 30.03.2012 "On the procedure of entrance to the Russian Federation and departure from the Russian Federation of foreign citizens and stateless persons in connection with the holding of the XXVII World Summer Universiade 2013 in Kazan."
The Decree of the Government of the Russian Federation dated 27.12. 2010 № 1134 "On approval by the federal budget of the provision of subsidies to the autonomous non-profit organization "The Executive Board of the XXVII World Summer Universiade 2013 in Kazan"
The Russian Federation Government Decree 16.04. 2012 № 469 "On approval of the comprehensive Universiade security plan"
The Russian Federation Government Decree dated 30.08. 2012 № 873 (as amended on 21.12.2012) "On approval of the rules for granting subsidies from the federal budget of the Russian Federation for preparation and staging of the XXVII World Summer Universiade 2013 in Kazan"
Regulatory legal acts in the preparation and staging of "Kazan - 2013".
The relations arising in the process of preparation and staging of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in Sochi (hereinafter - the 2014 Games) are regulated by numerous laws, regulatory and legal acts. Our study is based on the following legal documents [1, 3, 8, 9]:
- The Olympic Charter of IOC (in force since 08.07.20011);
- Federal Law dated 01.12.2007 № 310-FZ "On the organization and staging of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in Sochi, the Development of Sochi as an alpine resort;
- Federal law dated 28.12.2010 № 390-FZ "On Security";
- Federal Law dated 30. 10. 2007 № 238-FZ "On State Corporation on Construction of Olympic facilities and development of Sochi";
- Presidential Decree dated 22.12.2008 N 1806 (amended on 27.12.2010) "Regulations on the President's Council on the development of physical culture and sport, elite sport, preparation for the XXII Winter Olympic Games and XI Winter Paralympic Games 2014 in Sochi".
Thanks to our studies, five subjects performing and implementing legal and regulatory framework of the project "Sochi-2014" were allocated, namely:
The International Olympic Committee (IOC) and the Paralympic Committee, The Organizing Committee "Sochi-2014" (OCOG), the state corporation ("Olympstroy") President's Council on Physical Culture and Sport, Elite Sport, Preparation and staging of the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in Sochi"; multiple segments of security: economic, environmental, migratory, traffic, public order, protection from terrorist and extremist threats, security of the Olympic facilities (Fig. 2).
Foreign entities, organizers of the Olympic Games and Paralympic Games are the International Olympic Committee and the International Paralympic Committee. According to the regulatory documents of the International Olympic Committee (IOC) on security matters for the Olympic Games (a kind of "accreditation indicator"), there are certain requirements that must be strictly followed by the country hosting the Games. The implementation of these requirements is controlled by IOC, that regularly sends in its plenipotentiaries for the purposes of regulation, consulting and controlling. There is a corresponding international and based on it national system of legal and regulatory framework [1, 3, 5, 10]. Based on the international standards the domestic corporate legal and regulatory framework being developed.
The role of the organizer and the subject of performance by the hosting organization is carried out by "Organizing Committee" Sochi-2014", an autonomous non-profit organization established by the Russian Olympic Committee, the Russian Federation and the city of Sochi to regulate staging of the Olympic Games and Paralympic Games in accordance with the provisions of the Olympic Charter and the agreement of the International Olympic Committee with the Russian Olympic Committee and the city of Sochi to host the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in Sochi. The Organizing Committee "Sochi-2014" exercises the following functions:
- implements measures for organization and staging of the Olympic Games and Paralympic Games, as well as related programs;
- Protects owned by the International Olympic Committee and International Paralympic Committee exclusive rights to intellectual property, including judicially;
- Provides funding for organization and holding of the Olympic Games and Paralympic Games, including the educational, cultural and promotional activities directly related to the Olympic Games and Paralympic Games, as well as funding the construction of temporary and other objects used in the Games.
The next subject taking the priority part in the organization of the Olympic Games, is the public corporation for the construction of Olympic Venues and Development of Sochi as an alpine resort "Olimpstroy" (hereinafter - "Olympstroy").
The purpose of the corporation is to implement management and other functions related to engineering surveys on the construction, design, construction and reconstruction, the organization of the operation of the facilities required for the XXII Winter Olympic Games and XI Winter Paralympic Games of 2014 in Sochi as well as for the development of Sochi as an alpine resort.
Another entity taking part in the preparation and staging of the Olympics - the President's Council on Physical Culture and Sport, Elite sport, Preparation for the XXII Winter Olympic Games and XI Winter Paralympic Games in Sochi in 2014 - has the following objectives:
- Consideration of the matters relating to the preparation and hosting of the Olympics, and the development of appropriate proposals;
- Expert examination of draft regulations, plans, programs, and other documents relating to the preparation and holding of the Olympics, the development of proposals, containing, in particular, recommendations on ways, forms and stages of implementation of the relevant measures;
- The analysis of the implementation of plans, programs and certain activities related to the preparation and staging of the Olympics, and development of appropriate proposals;
- Cooperation with the Organizing Committee "Sochi 2014" in order to ensure coordinated action [8].
"Sochi-2014" - a strategic national-state project that also provides measures to ensure its safety. To fully address the whole spectrum of security challenges on the basis of regulations a coordinating center and a center of operational information have been established. The President of Russian Federation during the period of staging of the Olympic Games and Paralympic Games can apply enhanced security measures [1], including:
1) establishment of controlled and (or) restricted areas;
2) restrictions on entry and (or) a temporary stay and residence of citizens;
3) restrictions on the movement of vehicles;
4) limiting aircraft flights;
5) restrictions on navigation;
6) strengthening the protection of public order and facilities;
7) restrictions on holding public events not associated with the project "Sochi - 2014";
8) suspension of activity of hazardous industries and organizations that use explosives, radioactive, chemically and biologically hazardous substances;
9) Conduct inspections on individuals and vehicles when passing (arriving) through a controlled territory and when leaving (departing) the above mentioned territory;
10) Restriction or prohibition of the sale of arms, ammunition, explosives, special means and poisonous substances, specifying the peculiarities of medicinal products trafficking [1].
The activities of the federal government authorities by means of regulatory and legal framework are meant to form the basis for proper and effective management in the preparation and holding of projects "Sochi-2014" a positive legacy of "Kazan - 2013", defining its long-term perspective. Our studies have resulted in the following conclusions:
When getting ready and staging big international projects "Kazan - 2013", "Sochi - 2014", FIFA World Cup 2018 and FIFA Confederations Cup 2017, "Krasnoyarsk-2019", the role and place of the public authorities via the integration of legal acts is obviously of great importance:
Profound socio-economic and political changes in the country need new approaches to be designed to control the optimization of the construction of sports facilities and safety measures based on the regulatory framework.
The authors of the study tried to analyze the relationship of executive organizations in terms of its consistency and interaction of industrial international, federal and regional entities.
Management and administration of construction of Olympic facilities, including their quality control for the Games within the prescribed period are ensured by international and domestic legal documents and corporate standards of the state corporation "Olympstroy".
The legal authority of the organizing committees of "Sochi-2014" and "Krasnoyarsk-2019" are primary in the process of elaborating and staging of these projects, aimed at ensuring quality.
The problems at the design of the projects "Sochi- 2014" and "Krasnoyarsk-2019" are as follows: security, logistics, technological etc. These problems can be solved by involving international experts with experience in the Games "Vancouver-2010", "London-2012" and "Kazan 2013", etc. Hence, innovative, radical legal documents are in demand.
References
1. Bayramov, V.M. The specifics of preparation for the XXII Winter Olympic Games and XI Winter Paralympic Games 2014 in Sochi as an object of economic security insurance / V.M. Bayramov // Vestnik sportivnoy nauki. - 2011. - № 3. - P. 37-42. (In Russian)
2. Report on the preparation and staging of the XXVII World Summer Universiade 2013 in Kazan. Council under the President of the Russian Federation on development of physical culture and sport. (In Russian)
3. Zuev, V.N. "Integration of legislative, regulatory and legal documents in preparation and staging of "Sochi-2014" and its heritage in the Universiade movement" / V.N. Zuev // Proceedings of the Internat. Federation of student sport "University and Olympic sport: two models - one goal?", Russia, Kazan, 2013. P. 376-379. (In Russian)
4. Zuev, V.N. "On the paradigm of reforming federal authorities sphere of physical culture and sport in the post-Soviet period" / V.N. Zuev, P.A. Vinogradov // Teoriya i praktika fizicheskoy kultury. - 2011. - № 11. - P. 3-14. (In Russian)
5. Zuev, V.N. Legal basis of the sphere of physical culture and sport: Glossary / V.N. Zuev. - Moscow: Sovetsky sport, 2010. - P. 228. (In Russian)
6. Zuev, V.N. Legal regulation of the domestic sphere of physical culture and sport (history and modernity) / V.N. Zuev, V.A. Loginov. - Moscow: Sovetsky sport, 2008. - P. 196. (In Russian)
7. Isinbaeva, E.G. The conceptual model of evolution of modern Olympic Games: Ph.D. thesis / E.G. Isinbaeva. - Volgograd, 2010. - 39 P. (In Russian)
8. International sports research agency // www.gamesbiiJs.com.(In Russian)
9. International Olympic Committee // www.olympic.org.(In Russian)
10. Legal documents of Russian public organization "Russian Student Sports Union" / Ed. by O.V. Matytsin. - Moscow: Fizicheskaya kultura, 2010. - P. 102. (In Russian)
11. Russia at the World Universiade in the XXI century / Ed. by A.B. Sholokhov. -Moscow: Univest - Media, 2012. - 272 P. (In Russian)
Author's contacts: fizkult@teoriya.ru
