HARM TO THE LIFE AND HEALTH OF AN ATHLETE IN SPORTING EVENTS: CRIMINAL LAW APPROACHES

Abstract

Aim. To evaluate the effectiveness of criminal law protection for athletes’ lives and health while participating in sporting events. Materials and methods. An analysis of Russian and international legal acts concerning the protection of athletes’ lives and health during sporting events was performed. Doctrinal sources on athletes’ liability for causing harm to the life and/or health of another participant in a sporting event (athlete) were identified. The study was performed using a variety of general and specialized scientific methods. Results. National criminal law does not specify the issue of criminal liability for harm to the life and health of an athlete in a sporting event. Such situations are classified on general grounds with respect to the specific circumstances of harm, from an exemption from criminal responsibility to a crime against the person. The options for classification were proposed to be acceptable from the point of view of the logic of the criminal law and the current legislative technique. Conclusion. Radical changes in the criminal law are considered redundant, including those containing a rule on exemption from criminal liability in the case of harm done with the consent of the victim or describing special crimes related to rule violations resulting in harm to the health or death of an athlete. Proposals are formulated that would allow a differentiated assessment of harm to health in a sporting event by establishing special grounds for exemption from criminal liability.