TY - JOUR

T1 - Sports Liability of Football Clubs for Spectators' Behavior

T2 - Art. 12, Art. 14 of the Code of Sports Justice of the Italian Football Federation (F. I. G. C.) and para. "e" of the Art. 16 (2) of the UEFA Disciplinary Regulations

AU - Guseinova, E.

AU - Kashaeva, A. A.

AU - Vasilyev, I. A.

PY - 2019/4

Y1 - 2019/4

N2 - Disciplinary regulations of the national associations are under their discretion and not directly governed by UEFA. The Italian Football Federation approach differs by its own original classification of the inappropriate spectators' behavior matters. In particularly, Art. 12 of the Code of Sports Justice establishes the liability for introducing in the sport facilities any images, inscriptions, symbols, emblems and other materials that contain insulting, offensive, threatening or inciting violence words and phrases, as well as for chants, shouts and other manifestations of obscene, offensive, threatening or inciting violence acts, while according to Art. 14 the clubs are liable for violent acts of spectators committed inside and around the stadium area (when they are directly related to the spectators' misbehavior inside the stadium) in case the acts constitute a threat to public safety or a threat of causing serious harm to one or more individuals(1). Furthermore, the Code establishes the unique system of mitigating and exempting from liability circumstances. The authors did the research of the sports legal practices of the aforementioned jurisdictions. Thus, it is useful to compare the provisions of both, the Code and UEFA Disciplinary Regulations. The obtained results could be interesting for RFU Disciplinary Regulations since it is constituted mostly by the Russian public legislations.

AB - Disciplinary regulations of the national associations are under their discretion and not directly governed by UEFA. The Italian Football Federation approach differs by its own original classification of the inappropriate spectators' behavior matters. In particularly, Art. 12 of the Code of Sports Justice establishes the liability for introducing in the sport facilities any images, inscriptions, symbols, emblems and other materials that contain insulting, offensive, threatening or inciting violence words and phrases, as well as for chants, shouts and other manifestations of obscene, offensive, threatening or inciting violence acts, while according to Art. 14 the clubs are liable for violent acts of spectators committed inside and around the stadium area (when they are directly related to the spectators' misbehavior inside the stadium) in case the acts constitute a threat to public safety or a threat of causing serious harm to one or more individuals(1). Furthermore, the Code establishes the unique system of mitigating and exempting from liability circumstances. The authors did the research of the sports legal practices of the aforementioned jurisdictions. Thus, it is useful to compare the provisions of both, the Code and UEFA Disciplinary Regulations. The obtained results could be interesting for RFU Disciplinary Regulations since it is constituted mostly by the Russian public legislations.

KW - disciplinary liability of football clubs

KW - spectators' behavior

KW - the strict liability of football clubs for spectators' behavior

KW - The Italian Football Federation

KW - Code of Sports Justice

KW - UEFA

KW - Disciplinary Regulations

UR - https://lawjournal.spbu.ru/issue/view/360

UR - https://elibrary.ru/item.asp?id=37062092

U2 - 10.21638/spbu14.2019.112

DO - 10.21638/spbu14.2019.112

M3 - Article

VL - 10

SP - 166

EP - 181

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 1

ER -