Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine on Amending Article 43 of the Law of Ukraine “On Physical Culture and Sports”
Essence of the Draft Law:
This draft law proposes an amendment to the first part of Article 43 of the Law of Ukraine “On Physical Culture and Sports”, which regulates the provision of leave for athletes to prepare for and participate in national and international sports competitions. The changes allow for determining the duration, procedure, conditions of granting and payment of such leave at the level of labor or collective agreement.
Structure of the Draft Law and Main Provisions:
- The project contains two sections: amendments to Article 43 and final provisions.
- The main change concerns the wording of the first part of Article 43, which now allows for more flexible regulation of leave for athletes at the local level.
- The final provisions determine the procedure for the law’s entry into force and oblige the Cabinet of Ministers of Ukraine to bring its regulatory legal acts in line with the new law within three months.
Main Provisions and Their Significance:
- For legislators, this project is important as it adapts legislation to athletes’ needs, allowing more flexible management of their leave.
- For experts in labor law, this creates new opportunities to study the impact of such changes on labor relations in the sports sector.
- For businesses employing athletes, the new version allows independent determination of leave conditions, which may contribute to more efficient work process planning.
- For athletes and citizens, this may mean improved conditions for participation in competitions without detriment to their professional activities.
Analysis of the Explanatory Note:
Analysis of the Draft Law of Ukraine “On Amending the First Part of Article 43 of the Law of Ukraine ‘On Physical Culture and Sports’ Regarding the Regulation of Leave for Preparation and Participation in Sports Competitions”
Essence of the Draft Law
The draft law aims to amend the first part of Article 43 of the Law of Ukraine “On Physical Culture and Sports” to align the provisions on granting leave for preparation and participation in sports competitions with the existing norms of the Labor Code of Ukraine and the Law of Ukraine “On Leave”.
Reasons and Necessity for Adopting the Draft Law
The necessity for adopting this draft law arose in connection with the Verkhovna Rada’s adoption of the Law of November 22, 2023, No. 3494, which changed the procedure for granting and using leave. The law stipulates that issues of duration, conditions of granting, and payment for sports competition leave should be regulated by labor and/or collective agreements. This requires bringing existing normative acts regulating physical culture and sports into compliance.
Main Consequences of the Draft Law
Implementation of this draft law will facilitate the introduction of a new mechanism for regulating leave for athletes through collective agreements, ensuring greater flexibility and compliance with modern working conditions. For athletes participating in national and international competitions, this means better organization and certainty of leave conditions. The Ministry of Youth and Sports of Ukraine will be able to ensure compliance of sports legislation with general labor norms. This will facilitate legislative adaptation and reduce legal discrepancies, although the project will not require additional funding from the state budget.
Analysis of Other Documents:
Analysis of Documents Regarding the Draft Law on Amending Article 43 of the Law of Ukraine “On Physical Culture and Sports”
1. Author’s Position on the Draft Law: Documents indicate general support for the draft law by the Cabinet of Ministers of Ukraine and relevant Verkhovna Rada committees, although there are certain reservations and suggestions for its improvement. The Main Scientific and Expert Directorate and the Committee on Youth and Sports express concern about potential risks to athletes’ rights.
2. Main Provisions and Their Significance:
- The draft law provides for changes to Article 43 of the Law of Ukraine “On Physical Culture and Sports”, according to which athletes participating in competitions are granted leave for preparation and participation. The conditions of such leave will be determined by labor or collective agreement, which raises concerns about possible narrowing of athletes’ rights due to dependence on employers’ will.
- Documents emphasize the need to coordinate this draft law with existing changes in the Labor Code and the Law of Ukraine “On Leave”, which already regulate similar issues.
- The Main Directorate draws attention to the risks of narrowing workers’ rights if leave regulation is transferred to the level of labor contracts rather than being fixed by government decrees. This may affect athletes’ participation in competitions and negatively impact Ukrainian sports and the state’s international image.
- The Committee on Youth and Sports proposes maintaining leave regulation at the Cabinet of Ministers level for national teams to ensure more stable conditions for athletes.
- It is also proposed to regulate leave for sports referees, which is important for comprehensive support of the sports sector.
Therefore, the draft law proposes important changes that will affect athletes’ rights and requires careful refinement, taking into account the comments to avoid potential risks and ensure fair conditions for all participants in the sports process.
