Collecting Evidence in the Investigation of Crimes Committed in the Field of Sports: International and European Standards
DOI:
https://doi.org/10.47197/retos.v51.99286Keywords:
proof, international legal experience, crime investigation, collection of evidenceAbstract
Sport plays an important role in modern society. Its legal regulation is complicated by the peculiarities of the structure of sport, its participants, types of illegal encroachments, and influence measures to eliminate them. Currently, various legal relations are being encroached on in the field of sports: from the field of e-sports to corruption and doping during sports competitions. In view of this, it is important to analyze the international legal regulation regarding the investigation of crimes in the field of sports and to understand the problematic issues of proving this type of crime and the implementation of international standards in national regulation. The purpose of the work is the research of crime in the field of sports from the point of view of its proof, as well as the analysis of international and European standards on this issue. The object of the study is international and European standards for gathering evidence in the investigation of crimes committed in the field of sports. The subject of the study is social relations that arise, change and cease and influence the establishment of standards for the investigation of crimes at various stages of the pre-trial investigation of crimes in the field of sports. The research methodology consists of such methods as: dialectical, metaphysical, systemic, synergistic, anthropological, logical, historical, systemic-structural, structural-functional, formal-legal, and comparative-legal methods. As a result of the conducted research, it was possible to understand the peculiarities of the international legal regulation of criminal activity in the sports sphere. Particular attention is paid to the peculiarities of proving crimes committed in the field of sports. Also, attention is paid to the experience of creation, formation, and application of international measures to combat crime in the field of sports and sports law, their implementation in national legal systems, and problematic issues in the appropriate context.
Keywords: evidence, proof, international legal experience, crime investigation, collection of evidence.
References
Council of Europe. (2014). Convention against the manipulation of sports competitions. Retrieved from: https://www.coe.int/en/web/sport/macolin
Ukraine. (2015). On preventing the influence of corruption offenses on the results of official sports competitions: Law 743-VIII. Retrieved from: https://zakon.rada.gov.ua/laws/show/743-19#Text
Ukraine. (2001). Criminal Code. Retrieved from: https://zakon.rada.gov.ua/laws/show/2341-14#Text
Ukraine. (2005). On the ratification of the Convention on Cybercrime: Law 2824-IV-VR. Retrieved from: http://zakon3.rada.gov.ua/laws/show/2824-15.
Anisimov, D. O. (2020). Foreign experience of individual countries regarding criminal liability for illegal influence on the results of official sports competitions. Carpathian Legal Gazette, 1(30), 158-162. Retrieved from: https://er.dduvs.in.ua/xmlui/handle/123456789/5765
Vasylenko, M.D. (2017). The formation of sports law in Ukraine as a branch of legal science in the context of the develop-ment of international sports law. Actual problems of the state and law, 1, 34-40. Retrieved from: http://www.apdp.in.ua/v78/8.pdf
Oliynyk, V.M., & Bashta, I.I. (2019). International experience of fighting corruption in sports. Actual problems of domestic jurisprudence, 2, 171-175. Retrieved from: http://apnl.dnu.in.ua/2_2019/41.pdf
Kharytonov, E., Kharytonova, O, Kostruba, A., Tkalych, M., & Tolmachevska, Yu. (2021). To the Peculiarities of Legal and Non-Legal Regulation of Social Relations in the Field of Sport. Retos, 41, 131-137. Retrieved from: https://recyt.fecyt.es/index.php/retos/article/view/84178
Kolomoiets, T., Tkalych, M., Melnyk, P., Panchenko, B., & Tolmachevska, Y. (2021). Combating Corruption in Sport: Legal Aspect. Retos, 41, 746-755. Retrieved from: https://recyt.fecyt.es/index.php/retos/article/view/86975
Bolokan, I., Samoylenko, G., Tkalych, M., Panchenko, B., & Dmytriv, V. (2021). Sanctions in Sport: The Relationship Between Legal and Local Regulation. Retos, 42, 662-672. Retrieved from: https://recyt.fecyt.es/index.php/retos/article/view/88681
Petrenko, O.I. (2014). Concepts and types of crimes in the field of physical culture and sports. Law Forum, 1, 406-411. Re-trieved from: http://irbis-nbuv.gov.ua/cgi-bin/irbis_nbuv/cgiirbis_64.exe?C21COM=2&I21DBN=UJRN&P21DBN=UJRN&IMAGE_FILE_DOWNLOAD=1&Image_file_name=PDF/FP_index.htm_2014_1_71.pdf
Samoilenko, O. A. (2020). Basics of the method of investigation of crimes committed in cyberspace. Odesa: TPP. Retrieved from: http://dspace.onua.edu.ua/bitstream/handle/11300/13264/Samoilenko_monography%20Basics%20methodology%20investigation%20crimes%20in%20cyberspace.pdf?sequence=1&isAllowed=y
Shchokin, R., Oliinyk, V., Bondarenko, O., Kyslenko, D., Kolos, O., & Tymoshenko, Yu. (2023). Sport Management in the Context of Criminal Liability for Corruption. Retrieved from: https://recyt.fecyt.es/index.php/retos/article/view/96768/72114
Shvets, D.V. (2019). Actual problems of procedural and technical forensic support of a pre-trial investigation. Ministry of Internal Affairs of Ukraine: Kharkiv National University of Internal Affairs. Retrieved from: https://dspace.univd.edu.ua/xmlui/bitstream/handle/123456789/6131/Protsesualne%20ta%20tekhniko%20kryminalistychne%20zabezpechennia%20dosudovoho%20rozsliduvannia_zbirnyk%20tez_2019.pdf?sequence=1&isAllowed=y
Sokurenko, V. V. (2019). Criminological analysis of the state of illegal influence on the results of official sports competitions in Ukraine. European perspectives, 3, 114-120. Retrieved from: https://dspace.univd.edu.ua/xmlui/handle/123456789/15777
Stolyar, O. (2017). International legal problems of defining and classifying cybercrimes. Kyiv: IULIE. Retrieved from: http://www.jurnaluljuridic.md/index.php/main/article/view/1253
Tkalych, M., Davydova I., & Tolmachevska, Yu. (2020). Current State and Prospects of Development of the Sports System of Ukraine: Legal Aspects. Retos, 38, 385-389. Retrieved from: https://recyt.fecyt.es/index.php/retos/article/view/76997/48163
Engelberg, T., & Moston, S. (2020). Crime and misconduct in sport. Sport in society, 23, 15-49. Retrieved from: https://www.tandfonline.com/doi/full/10.1080/17430437.2020.1766814
Eaton, C. (2018) Organized crime threatens all international sports. Aljazeera website. Retrieved from: https://www.aljazeera.com/amp/opinions/2018/5/26/organized-crime-threatens-all-international-sports
United Nations website. (2022). Corruption and crimes linked to the transfer of athletes increase risk among minors and vulnerable adults: new UNODC research. Retrieved from: https://www.unodc.org/unodc/en/frontpage/2022/November/corruption-and-crimes-linked-to-the-transfer-of-athletes-increase-risk-among-minors-and-vulnerable- adults_-new-unodc-research.html
Masoero, I. (2022). Sports-based Entertainment and Crime Evidence from Football Games in Brazil. Journal of sports econom-ics, 23(8), 15-26. Retrieved from: https://journals.sagepub.com/doi/full/10.1177/15270025221085714
Milojevic, S., & Jankovic, B. (2012). Police measures and actions in confronting football hooliganism in some European countries. Archibald Reiss Days, 2, 39-49. Retrieved from: https://www.researchgate.net/publication/313793232_POLICE_MEASURES_AND_ACTIONS_IN_CONFRONTING_FOOTBALL_HOOLIGANISM_IN_SOME_EUROPEAN_COUNTRIES
Falck, D. (2015). Criminal Minds: The Relationship between Sport and Off-Field Violence. Retrieved from: https://fisherpub.sjf.edu/cgi/viewcontent.cgi?article=1104&context=sport_undergrad
UNODC. (2021). Global report of corruption in sports. Organized crime and sport. Retrieved from: https://www.unodc.org/res/safeguardingsport/grcs/6_22-03221_SPORTS_CORRUPTION_2021.pdf
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