Sportsman’s employment contract: problematic issues and prospects for their solution

This article presents the results of a study of the legal nature of a sports contract and the legal status of professional athletes and coaches who are parties to labor relations with physical culture and sports organizations. The article substantiates the need for special legal regulation of labor in the field of physical culture and sports. The authors consider foreign experience, including the legislation of the states of the Eurasian Economic Union, as well as France, Italy, Spain, the United States, where independent norms have been established that regulate labor relations in the sports field. The legal regime of labor of employees in the field of physical culture and sports, based on the best examples of world practice and the interests of athletes and coaches, is of high theoretical and practical importance. Despite the obvious advantages and the available foreign experience, in the legislation of Kazakhstan, the differentiation of labor of employees in the sphere of physical culture and sports has not found a normative determination. Neither labor legislation nor the Law "On Physical Culture and Sports" contains the specifics of regulating the labor of employees in this area, which is the main gap in legal regulation. The authors identified gaps and collisions in the legislation on physical culture and sports of Kazakhstan in terms of the erroneous determination of the civil nature of the contract on sports activities, substantiating the presence of all signs of an employment contract. As a result of the analysis of the legislation of Kazakhstan, the authors came to the conclusion that it is necessary to establish a differentiation of labor of employees in the field of physical culture and sports, in connection with which recommendations were prepared for amending and supplementing the Labor Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Physical Culture and Sports", as well as development of a sectoral agreement on social partnership and regulation of social and labor relations in the field of physical culture and sports.

Обґрунтовано необхідність ефективного державного сприяння розвитку освіти у сфері фізичної культури як важливого фактора формування і розвитку фізичного, психічного, соціального та духовного здоров’я суспільства та його членів. Проаналізовано систему взаємовідносин між органами виконавчої влади, органами місцевого самоврядування, організаціями фізкультурно-спортивної спрямованості щодо розвитку освіти у сфері фізичної культури шляхом поліпшення її організаційного, нормативно-правового, кадрового, матеріально-технічного, фінансового, наукового, медичного, інформаційного забезпечення. Узагальнено концептуальні засади структурно-функціональної моделі узгодження державних політик щодо сприяння розвитку освіти у сфері фізичної культури.

Modelling vocational training of specialists for the speciality 017 “Physical culture and sports”: ways and methods of incorporating regional peculiarities and needs in conditions of the stage education

Relevance of the research topic. In recent years, the socio-economic situation in Ukraine has undergone significant changes due to the full-scale invasion of russia and the ongoing military operations in our country. This has had a negative impact on the physical culture and sports sector, which is an important component of the national economy. As a result, the market for physical culture and sports services and the labour market in this sector are currently in crisis. There is a need for a thorough analysis and study of the processes taking place in the industry, the search for effective anti-crisis measures at the state level and overcoming the consequences caused by the impact of the war. Therefore, it is now urgent that Ukraine develops a new system of state regulation of this sector, as well as its methodology and implementation in the context of preparations for membership in the European Union and approximation to the standards of developed countries. At the same time, one of the most important anti-crisis measures in Ukraine is the implementation of mechanisms for cooperation between the private sector and the state through the introduction of public-private partnerships (PPPs) in the field of physical culture and sports. In view of this, the training of physical education and sports professionals, including managers/administrators, in the context of war and must consider the development of PPPs is of particular importance. The aim of the research was to scientifically justify the development of a theoretic and methodologic principles of public-private partnership and define pre-conditions its realization in the field of physical culture and sport in the conditions of modern market. Research methods included theoretical analysis and synthesis of these scientific and methodical literatures, empiric materials of scientific research and documents. Used method of systems analysis, pedagogical observation, and methods of mathematical statistics, method of combination logic and historical analysis to development of socio-economic relations in the field of physical culture and sport. Results. The current state and trends in the training of specialists in physical culture and sports in Ukraine, the distribution of the labour market are analysed, and a statistical comparison with the EU and the UK is made. It is shown that the successful implementation of the state policy in the field of physical culture and sports requires proper regulatory, legal, financial, logistical and personnel support. Priority measures for the implementation of the state policy on training specialists in physical culture and sports in Ukraine are proposed on the basis of a constant analysis of the state of physical culture and sports in wartime. The importance and significance of implementing PPPs in the field of physical culture and sports in wartime are substantiated. Conclusions. Due to the ongoing military aggression against Ukraine and the difficult socio-economic situation, there has been a decrease in the number of qualified physical education and sports professionals, and a tendency to reduce their training, including effective managers/administrators with relevant best practices.In the context of the crisis, the use of partnership between the authorities and the private sector is necessary to overcome negative phenomena, intensify innovation, formulate an effective investment policy and restore sports infrastructure, which will help to accelerate the solution of problems of physical culture and sports development in Ukraine. The study is the first to theoretically substantiate the importance of implementing PPPs in the field of physical culture and sports during the crisis period, which will further contribute to the formation of the market for physical culture and sports services and the development of the labour market in the post-war period.

Introduction. Digital transformation is one of the five priority areas of the state policy outlined in Strategy for the Development of Physical Culture and Sports until 2028. The success of modernizing management processes in the field of physical culture and sports depends on the effectiveness of developing organizational and management foundations with the involvement of advanced digital solutions. Automation of management tasks, electronic document management, and digital platforms for communication have significant potential to optimize all aspects of management. The aim of the study to conduct a sociological analysis of the state of digitalization in the field of physical culture and sports and to identify the priorities for implementing digital solutions to optimize organizational and management processes in the field of physical culture and sports. Material and methods: The study involved 1,175 respondents, including employees of executive authorities, territorial communities, sports federations, institutions of physical culture and sports, coachers, athletes and judges. An expert survey involved 12 leading specialists in the field of physical culture and sports. The methods used in the study include theoretical analysis and generalization of scientific literature, documentary sources, and online resources; synthesis and generalization; sociological survey; and expert evaluation methods. Results. The conducted sociological survey, aimed at justifying the need for the global digitalization of the management system in physical culture and sports, revealed a number of key issues, among which the complexity of communication between levels of the organizational structure and the lack of a clearly defined work scheme stand out. The majority of respondents (80.9%) actively use information systems in their work but face various difficulties, including the need for manual data entry (39.2%), lack of access to necessary information (28.6%), and communication difficulties between system users (26.6%). Conclusions. The conducted research confirmed the working hypothesis regarding the appropriateness of expanding the use of digital solutions in the organizational and managerial activities of physical culture and sports. The expert survey identified priority digital projects, with the highest ratings given to the electronic passport for athletes/coaches, the unified event calendar, and the electronic register of sports infrastructure. Respondents consider these initiatives to be the most important for improving organizational and management processes in the field of physical culture and sports.

The relevance of the article is due to the need to develop sustainable development competencies when training specialists in the field of physical culture and sports. A responsible attitude towards the environment, social issues and economics allows graduates to actively participate in solving the problems of the modern world. The purpose of the article is to determine the elements of the educational program that form the competencies of sustainable development during training in specialties in the field of physical culture and sports. The main research method is correlation-regression analysis, using as a result indicator the number of students who received an “excellent” grade in disciplines that form sustainable development competencies, and as factor indicators characterizing the completeness of the educational program. As a result of the assessment, the overall significance of the identified factors for the formation of sustainable development competencies in the training of specialists in the field of physical culture and sports was obtained in the range of average values - 0.36. Correlation analysis showed that the indicator “Number of practical, laboratory, seminar classes hours” has the greatest connection with the formation of sustainable development competencies - 0.48, which characterizes the importance of students’ personal motivation to master areas of training in the field of physical culture and sports. In the range of the average level of connection with a high level of sustainable development competencies are the factors “Number of full-time hours” - 0.45, “Number of student independent work hours” - 0.48 and “Number of practice hours” - 0.41.

В статье рассматриваются подходы к формированию профессиональных компетенций будущих руководителей физкультурно-спортивных организаций на основании требований государства, действующего законодательства, запроса профессионального сообщества и работодателей. Целью исследования являлось разработать, обосновать и предложить педагогические и организационно-методические подходы к формированию профессиональных компетенций студентов-бакалавров, необходимых для успешной управленческой деятельности в физкультурно-спортивных организациях. При этом особое внимание уделялось требованиям работодателей из государственного, общественного и частного секторов физической культуры и спорта. В качестве средств исследования были использованы анкетирование студентов и работодателей, интервьюирование экспертов, анализ практического опыта и основных образовательных программ высшего образования, формирование профессиональных компетенций и индикаторов их достижения. В ходе экспериментальной деятельности была доказана эффективность применения личностно ориентированного подхода к обучению студентов-бакалавров с использованием формирования временных творческих студенческих коллективов и участия их в конкурсах студенческих проектов. При этом была осуществлена профилизация обучающихся в соответствии с потребностями государственных, общественных и частных физкультурно-спортивных организаций, что позволило адаптировать компетенции студентов к требованиям рынка труда. В результате формирующего эксперимента было выявлено, что повышение уровня профессиональных компетенций, связанных с управлением государственными и муниципальными организациями, повышает индикаторы, характеризующие компетенции по управлению общественными организациями в заданных нормативных правовых условиях. Профессиональные компетенции, связанные с управлением частными организациями, повышают индикаторы, связанные с организацией внебюджетной, коммерческой деятельностью общественных организаций. Результаты исследования могут быть использованы при подготовке студентов-бакалавров по направлениям «Физическая культура» и «Менеджмент» к будущей управленческой деятельности в области физической культуры и спорта. The article discusses approaches to the formation of professional competencies of future heads of physical culture and sports organizations on the basis of the requirements of the state, current legislation, the request of the professional community and employers. The aim of the study is to develop, substantiate and propose pedagogical and organizational-methodological approaches to the formation of professional competencies of bachelor students, which are necessary for successful management activities in physical culture and sports organizations. At the same time, special attention is paid to the requirements of employers from the state, public and private sectors of physical culture and sports The survey of students and employers, interviewing experts, analysis of practical experience and main educational programmes of higher education, formation of professional competencies and indicators of their achievement were used as means of research. In the course of the experimental activities, the effectiveness of applying personality-centered approach to bachelor students’ learning through formation of temporary creative student teams and their participation in student project competitions was proved. At the same time, the profiling of students was carried out in accordance with the needs of state, public and private physical culture and sports organizations, which made it possible to adapt the competencies of students to the requirements of the labor market. As a result of the formative experiment, it was revealed that an increase in the level of professional competencies associated with the management of state and municipal organizations increases the indicators characterizing the competence in managing public organizations in the given regulatory legal environment. Professional competencies associated with the management of private organizations increase the indicators associated with the organization of extra-budgetary, commercial, public organizations. The results of the research can be used in the preparation of bachelor students in the areas of “Physical culture” and “Management” for future management activities in the field of physical culture and sports.

The article is devoted to the topical issues of analysis and systematization of sources of Sports and Civil Law. The role of sports in the development of modern society is constantly growing. The development of civil and sports legal relations requires the systematization of the sources of Sports Law, which should harmonize the entire complex of normative legal acts in the field of physical culture and sports. This would make it possible to develop educational programmes for training future specialists in this field, and would raise the legal resolution of disputes in this field to a more professional level. State policy and private financing in this area require a qualitatively new level of legal regulation. This requires the creation and systematization of legal norms regulating sports relations. In particular, among the issues that require a legislative solution are the regulation of the legal status of the athlete, the peculiarities of the protection of the rights and interests of the subjects of sports relations, and more. For this, first of all, it is necessary to determine the legal sources of Civil and Sports Law and unify them with international legal sources. Civil and Sports Law has its own sources of law. This is the basis for its inclusion in the structure of the civil legislation of Ukraine. Systematization of civil sports legislation should be carried out through codification. This is explained by the presence of a large number of sources of Sports Law, which contain conflict of laws rules and do not always meet international requirements and standards, as a rule, they are of a general nature. It will also help to eliminate the gaps and contradictions that currently exist in the legal acts regulating the relationship between physical culture and sports. In addition, Civil and Sports Law will meet international standards, the legal status of professional athletes and other subjects of sports legal relations will become more protected, research in the field of Private Law regulation of social relations arising in the field of physical culture and sports will be intensified, it will make it possible to establish the procedure for consideration of disputes between subjects of sports legal relations more transparent.

The article examines public organizations that functioned and performed state functions in the field of physical culture and sports. Special attention is paid to previously little-studied issues of interaction of the Union of Sports Societies and Organizations of the USSR with state bodies. The source base of the article is the normative legal acts regulating the activities of this organization, as well as documents of the Kaliningrad regional Union of Sports Societies and Organizations that were not previously introduced into scientific circulation. The liberalization of public life during the Thaw period had a significant impact on the position of public organizations in the Soviet political system. The scientific literature of that time actively discussed the issues of involving citizens and public organizations in solving the problems facing the country. One form of such involvement was the transfer of state functions to public organizations. As a result, public organizations were able to make important decisions in a certain segment of the public sphere. The Union of Sports Societies and Organizations of the USSR became a unique organization that completely replaced the state body in the field of physical culture and sports. Based on the material studied, the author comes to the conclusion that the liquidation of the Union of Sports Societies and Organizations of the USSR in 1968 coincided with other processes aimed at curtailing liberal principles in the USSR. Almost 10 years of activity of this organization have shown that the transfer of state functions into the hands of the public is indeed possible.

The development of physical culture and sports is one of the priority areas of the state social policy, implemented in the educational, health, cultural, national, youth, and international spheres. The urgency of the problem is also determined by the need to understand the current situation in the development of physical culture and sports in the Republic of Kazakhstan at various levels. Physical culture and sports contribute to the formation of the internal and external image of the state, the patriotic feelings of the people. In this regard, consideration of the main directions of development of physical culture and sports in the Republic of Kazakhstan in the historical and pedagogical aspect seems to be extremely relevant. This article analyzes the current state, trends and prospects of research activities in the country’s physical education, substantiates the need for a comprehensive application of the achievements of related sciences to create a scientific and technical base for innovative technologies in the field of physical culture and sports. Modern vectors and world standards for the formation of a national system of physical culture staffing in accordance with the trends in physical education, as well as the creation of innovative educational institutions for the training of physical education specialists, the formation of a network of children’s sports schools, rural sports complexes, social and cultural centers of physical development are considered. The axiological vectors of the development of physical culture and sports of the Republic of Kazakhstan have been updated in accordance with promising areas in physical education; humanization of national education on the basis of value orientations in a healthy lifestyle of every person. In this regard, the necessity of designing a system for training future specialists, considering the analysis of national experience to create a scientific and technical base for the implementation of innovative technologies in the field of physical culture and sports, is emphasized.

The article discusses the contradictions between the integration of higher education in Kazakhstan into the European educational space, the adaptation of the educational system of Kazakhstan to the provisions of the Lisbon Convention and the Bologna Declaration and the training of competitive specialists, on the one hand, and the existing methodological and practical limitations and shortcomings in the classifier of areas for training personnel with higher education. postgraduate education of the Republic of Kazakhstan in 2018 and educational programs in the field of physical education and sports, on the other hand. The purpose of this article is to analyze, generalize and systematize data and foreign practice based on regulatory legal acts and methodological documentation and search for possible solutions to improve the system of training personnel in the field of physical culture and sports in our country. The article provides examples of training personnel from other fields of science. The current educational programs of the register in the field of physical education and sports of the Kazakhstan are briefly analyzed. The theoretical arguments of this article serve as the basis for expanding the Kazakh classifier for training personnel in the field of physical culture and sports, and bridging the gap between the system of training personnel in higher education and the labor market. Key words: higher education, educational programs, physical education, classifier of programs, personnel training

Modern sport is a unique phenomenon that has damaged itself in economic, social, cultural, political and other dimensions. Therefore, the legal change of the relations that are diverse in content, which is developing in the field of sports, is of great importance. Therefore, the article is focused on a comprehensive understanding of the peculiarities of the regulation of legal relations in the field of sports within the framework of a theoretical and legal approach. Part of social relations in the field of sports is not covered by legal regulation. It happens that civil servants in the field of sports make unfounded decisions, or court decisions are not accepted. This, in particular, is also connected with the fact that the actual field of sports is considered a non-priority direction. That is why it is possible and desirable to change approaches to the legal regulation of social relations, to strengthen the benefits of physical culture and sports in Ukraine, and to adopt the Sports Code as a result of the codification of regulatory and legal prescriptions in this area. The development of social relations in the field of sports is due to much larger situations when legal regulation does not reach certain sports events, and also does not always perceive their socio-political “coloring”. That is why in this area there is a steady improvement of the legislation, as well as the harmonization of the legislation with the norms of international law. Part of social relations in the field of sports is not covered by legal regulation. It happens that civil servants in the field of sports make unfounded decisions, or court decisions are not accepted. This, in particular, is also connected with the fact that the actual field of sports is considered a non-priority direction. That is why it is possible and desirable to change approaches to the legal regulation of social relations, to strengthen the benefits of physical culture and sports in Ukraine, and to adopt the Sports Code as a result of the codification of regulatory and legal prescriptions in this area.

Physical culture and sports play an integral role in the life of modern society. They are the ones that help maintain a high level of public health, as well as instill important personal qualities and social interaction skills in people. Currently, there are a large number of sports disciplines and competitions of various levels that attract people to engage in recreational activities. At the same time, as the sport develops, it increasingly becomes a kind of business model. The sports business is growing every year and is becoming more corrupt. Cases of bribery, match-fixing, and illegal betting are quite common, regardless of the type and level of competition. At the same time, poor management of the sports industry makes it possible for unscrupulous people and criminal organizations to continue their illegal activities for the sake of profit. In this regard, modern sport needs proper regulation of related social relations. In particular, this is reflected in the emergence of various concepts, such as «fair play», aimed at preserving ethical values in sports. Nevertheless, due to the excessive commercialization of physical culture in our time, we are increasingly faced with crimes in the field of sports, a significant part of which is economic in nature and is related to the bribery of athletes, judges, coaches, etc. The structure of sports law, which makes it possible to prevent, among other things, economic crimes in the field of sports, is quite complex and may not always fully ensure the integrity of competitions and other events. Nevertheless, the regulation of public relations in sports at the legislative level has preventive and regulatory functions and cannot be excluded from the methods of combating economic crimes. Turning to the main ways to counter these offenses, in addition to existing laws, it is necessary to highlight cooperation on this issue with other states, the fight against illegal bookmakers, anti-corruption measures, the promotion of fair play, etc. With the help of these funds, it is possible to ensure the further development of the sports industry and attract more people to physical education and sports.

Introduction. The relevance of the study is to characterize the transformation of higher education caused by the rapid development of multipolarity as a new geopolitical model of the world, which determines the strategic directions of the sociocultural significance of personnel training in physical culture and sport in educational institutions of higher education in our country. The aim of the study is to identify the sociocultural significance of the educational process of training personnel in physical culture and sport in higher education. Materials and methods. Research materials: scientific articles (platforms: eLIBRARY.RU, Scopus, Web of Science); information and analytical materials based on the results of monitoring the activities of higher education institutions of physical culture and sport in Russia. Results. Within the framework of this study the structural features were revealed and the concept of sociocultural significance of training in physical culture and sport in the system of higher education was formulated. The obtained results of the study are significant for an in-depth understanding of the essence of the sociocultural significance of personnel training in physical culture and sport in the system of higher education, allow us to identify its invariant components and ensure the integrity of the process, carry out predictive assessments of the data, as well as priorities of personnel policy, improving the quality of life, preserving and strengthening the health of the population, human capital growth. KEYWORDS Conclusion. The conducted research allowed us to formulate the concept of sociocultural significance of personnel training in physical culture and sport in the system of higher education, which is derived from a set of level relevant components of the sociocultural vector of global states; sociocultural functions of higher education in the space of dialogue of cultures; physical culture and sport industry; national strategic vectors of industry development; professional standards in the field of physical culture and sport; regional peculiarities of the system of higher education

The article studies the national and international legal framework for regulating relations in thefield of physical culture and sports. It has been established that studying and taking into account positiveforeign experience in effectively regulating relations arising in the field of physical culture and sports, forimproving the norms of national sports law, including for codifying the sports legislation of Russia, is oneof the important reasons for the development of international cooperation of the Russian Federation withforeign countries. Another important reason is the need to harmonize and unify the national legislation ofRussia in the field of physical culture and sports with international law. The development of international cooperation between Russia and foreign countries and international organizations in the direction ofensuring national security is especially relevant in the context of exerting pressure on Russian athletes in thepast decade at sports competitions and events of various levels. It is concluded that Russia needs to developall areas of international cooperation, since physical culture and sport at the national and internationallevels is an important tool for ensuring the sustainable socio-economic development of countries, a tool forpersonal development of a person, a tool for intercultural, partnership and friendly development of interstatecommunication and serves as a powerful incentive to increase the competitiveness of each country in thecontext of globalization.