SPORTS LAW

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SPORTS LAW Published: "Vestnesis", 13 Nov. 2002, No. 165 (2740) The Saeima has adopted and the President has proclaimed the following law: SECTION 1. TERMS USED IN THIS LAW The following terms are used in this Law: 1) sports base - a construction or its part as well as environment exclusively built or customized for sport (fields, tracks for sports activities, health tracks, etc.); 2) sports worker - a natural person who acts in field of sport by performing educational, justiciary, methodical, managerial or activity of any other type; 3) sports federation - a union of sports public organizations who manages and co-ordinates work of respective type of sport or sports category within state (inter alia sport union, association, society, etc.); 4) sports education institution - an institution established by the State, local governments and other legal or natural persons, its task being the implementation of sports education programs, or an undertaking (company) for which implementation of sports educational programs is one of the types of activity; 5) sports education programme - sports education programme of professional orientation or program of interest-related program which contains certain content of sports education; 6) sports competitions - an event that is processed for determination of best athletes or teams according to legal requirements, to rules of procedure of competitions upheld by sports federations, and to regulations upheld by organizers of competitions; 7) sports specialist - a sports worker who has obtained a diploma of sports education and an accordant certificate or diploma of professional qualification of sports education, or an accordant certificate of professional qualification; 8) sports work-out (activity) - a process of acquisition, maintenance and fulfilment of skills, acquirements and competence in sport; 9) athlete - a natural person who takes sports exercises and takes part in sports competitions; 10) sport - individual or fixed activity of any type for maintenance and improvement of physical and mental health as well as for acquisition of success in sports competitions. SECTION 2. PURPOSE OF THIS LAW The purpose of this Law is to determine general and legal basis of sports organization and development, mutual relations of sports organizations and the State and local government institutions, and main tasks for development of sport and basics of funding of sport as well as principles to comply with betimes involvement in international sports movement. SECTION 3. GROUND RULES TO BE FOLLOWED IN FIELD OF SPORTS The following ground rules shall be followed in field of sports: 1) principle of equality which intends that anyone has right to take sports exercises; 2) principle of fair play which prescribes that Olympic ideals and principles of ethics as well as fight against dishonesty and use of doping, and physical and moral cruelty shall be taken in charge of within educational, managerial and administrative work; 3) principle of safety which intends that sports activities process within safe environment and they are managed and run by qualified sports workers. SECTION 4. SPORT IN AN EDUCATIONAL INSTITUTIONS (1) Sport in educational institutions provides educatees with mastering of skills and abili-ties related to movement. (2) Educatees with special needs in educational institutions shall be provided with facility of sports activities in accordance with their special needs. (3) Sports activities shall be included within pre-school education programmes. (4) Founder of an educational institution shall provide accessibility of sports base and equipment to educatees. (5) The sports educational institution shall promote organization of sport activities after end of compulsory educational process, and it shall provide extracurricular sports activi-ties firstly for institution's educatees, and only thereafter for sports activities of other per-sons. (6) Specialisation in one or more sort of sport of a general educational institution can be approved by an order of Minister for Education and Science. SECTION 5. COMPETENCY OF MINISTRY OF EDUCATION AND SCIENCE WITHIN FIELD OF SPORTS The Ministry of Education and Science: 1) implements unified policy of the State within field of sport, and strategy for sports development; 2) develops projects of normative acts within the field of sport; 3) promotes sport and healthy life style as well as options of healthy leisure time activities; 4) ensures development of organizational system for work with talented young athletes; 5) co-ordinates programmes of further education of sports specialists and other sports workers; 6) ensures enforcement of Council of Europe Anti-Doping Convention No. 135, 16 November, 1989 (henceforth - Anti-Doping Convention); 7) ensures representation of the State in international sports organizations; 8) co-ordinates and promotes scientific research in the field of sport; 9) codifies and analyses sports statistics, information on sport and history of sport, as well as supports function and development of sports museums; 10) ensures recognition of sports federations, according to procedure established by the Cabinet of Ministers; 11) affirms composition and regulations of the Certification Commission of Sport Specialists. SECTION 6. COMPETENCY OF OTHER MINISTRIES WITHIN FIELD OF SPORTS (1) Ministry of Welfare in collaboration with the Ministry of Education and Science: 1) provides collection and analysis of data in connection with physical development and physical fitness of population, specially of children and adolescents; 2) co-ordinates healthcare and medical supervision of athletes, children with elevated physical loadings; 3) develops sports programmes of disabled, supports Latvian Paralympic Committee, and develops healthcare programmes of disabled athletes; 4) undertakes measures needed for implementation of Anti-Doping Convention; 5) performs control of doping according to procedure established by the Cabinet of Ministers; 6) develops programmes of sports medicine and co-ordinates subjects of sports medicine within the State; 7) summarizes data on outstanding veterans of Latvian sport, develops programme for their support and ensures its implementation forasmuch as conclusion of Latvian National Sports Council. (2) Ministry of Interior in collaboration with the Ministry of Education and Science: 1) ensures general and special physical fitness of staff of the Ministry of Interior and its institutions; 2) supports potentiality of competition and practice of the State best athletes - staff of the Ministry of Interior and its institutions; 3) supports several types of sport within institutions of the Ministry of Interior due to recommendation of Latvian National Sports Council. (3) Ministry of Defence in collaboration with the Ministry of Education and Science: 1) develops programmes of improvement of youth physical fitness; 2) ensures general and special professional physical fitness of soldiery; 3) supports potentiality of competition and practice of the State best athletes - soldiery; 4) supports several types of sport within institutions of Ministry of Defence due to recommendation of Latvian National Sports Council. (4) Ministry of Justice in collaboration with the Ministry of Education and Science develops and ensures implementation of sports programmes in places of imprisonment. SECTION 7. COMPETENCY OF SELF GOVERNMENTS IN FIELD OF SPORTS (1) By promotion of healthy life style and sports development within their administrative territory local governments are rightful to: 1) appoint an official or an institution in charge of sport; 2) build and to maintain sports bases; 3) promote development and operation of sports organizations, int. al. sports clubs; 4) support further education of sports specialists and other sports workers. (2) Local governments shall fund programmes of sports education of sports educational institutions of their competence. SECTION 8. COMPETENCY OF EMPLOYERS (1) Employers shall support employees in taking sports exercises. (2) Employers are authorized to organize sports competitions for employees and to assure their participation in competitions organized by sports federations and other juridical entities and natural persons. SECTION 9. LATVIAN NATIONAL SPORTS COUNCIL (1) Latvian National Sports Council is public consultative institution that participates the development of sports policy of the State, fosters development of sport and cooperation in field of sport as well as the decision making within subjects regarding to sport. Cabinet of Ministers shall affirm regulations of the Latvian National Sports Council. (2) Cabinet of Ministers shall affirm composition of 10 members of the Latvian National Sports Council. Latvian National Sports Council shall consist of Minister for Defence, Minister for Finances, Minister for Interior, Minister for Education and Science, Minister for Welfare, Head of Sports Administration of the Ministry of Education and Science, President of Latvian Olympic Committee, President of Latvian Council of Sports Federations, Chairman of Latvian Sports Council of Local Governments, and Rector of Latvian Academy of Sports Pedagogy. (3) Latvian National Sports Council: 1) participates development of sports policy of the State; 2) develops propositions for distribution of funds of the State budget within field of sport and submits them to the Ministry of Education and Science; 3) provides Cabinet of Ministers with propositions regarding assignment of prize-money for outstanding achievements in sport; 4) renders conclusions about running of international competitions (Olympic games, final tournaments of World and European Championships) in Latvia; 5) renders conclusions about compliance of sports bases with status of National Sports Base; 6) develops criteria to conform to for sports federations to qualify to manage and co-ordinate work in accordant type of sport or sporting category within the State as well as to represent Latvia in international sports organizations; 7) recommends types of sport to the Ministry of Defence and to the Ministry of Interior to be supported within institutions of these ministries; 8) renders conclusion to the Ministry of Welfare about programme of support for out-standing Latvian sports veterans. (4) Decisions of Latvian National Sports Council shall be accessible to any interested person. SECTION 10. SPORTS ORGANIZATIONS (1) Principles of foundation, registration and operation of sports organizations are deter-mined by Law On Public Organizations and Their Unions, the Commercial Law and other normative acts. (2) Sports club is a juridical entity that patterns basis of sports organizational structure. Sports clubs can join in sports federation. (3) Sports federation has right to manage and to co-ordinate work within accordant type of sport within the State as well as to represent the State within accordant international sports organization if only it corresponds to criteria developed by Latvian National Sports Council. The above listed rights shall be assigned to sports federation by the State premier institution in field of sports - Sports Administration of the Ministry of Education and Science (henceforth - Sports Administration) according to procedure established by the Cabinet of Ministers. Only one sports federation shall be recognized within one type of sport or sporting category. Sports federation can represent several types of sport or sporting categories. (4) Those sports federations, recognized by the Sports Administration are eligible to use name "Latvija" in their title. (5) Work of the Sports Administration's recognized sports federations shall be co-ordinated, common interests represented and fulfilled by a union of sports organizations - Latvian Council of Sports Federations. (6) Work of sports federations within types of sport recognized by the International Olympic Committee shall be co-ordinated, common interests represented and fulfilled by a sports organization - Latvian Olympic Committee. (7) Work of recognized sports federations of invalids within types of sport recognized by the International Paralympic Committee shall be co-ordinated, common interests represented and fulfilled by a sports organization - Latvian Paralympic Committee. (8) Cooperation of local and regional governments in field of sport shall be co-ordinated, common interests represented and fulfilled by a sports organization - Latvian Sports Council of Local Governments. SECTION 11. LATVIAN OLYMPIC COMMITTEE (1) Olympic Movement shall be managed and co-ordinated within the State by the Latvian Olympic Committee. (2) The Latvian Olympic Committee, by cooperation of funds of the State, local governments and itself, implements following programmes: 1) programme of Olympic education; 2) programme of youth of Olympic Movement; 3) programme of regional development of Olympic Movement; 4) programme of development of types of sport; 5) programme of preparation and participation of best athletes of the State for Olympic Games, Youth Olympiads, and other international and regional complex competitions. SECTION 12. SPORTS BASES (1) Sports bases shall be developed and maintained for provision of possibility to exercise sport for population. Sports bases in possession of the State and local governments shall be used for provision of necessary services in sport for population. (2) The status of a national sports base can be assigned to sports bases which correspond to requirements of international sports federations and which host competitions of international range reposing on conclusion of National Sports Council. A special law determines status of a national sports base. SECTION 13. FINANCIAL RESOURCES FOR SPORT (1) Funds of the State budget are assigned to sport according to annual law of the State budget. (2) Financial funds for sport also contain resources of local governments, sports organizations and their unions and allocations of international sports federations. (3) Youth sport is funded above all from the State budget and from the special State budget. (4) Sport federations recognized by the Sports Administration have right to receive financial funding from the State budget. SECTION 14. PRIZE-MONEY FOR OUTSTANDING ACHIEVEMENTS IN SPORT (1) The Cabinet of Ministers can award prize-money for outstanding achievements in sport to Latvian athletes, their coaches, and service staff of athletes, service staff and accordant sports federations. (2) The Cabinet of Ministers shall determine procedure of assignment and amount of prize-money for outstanding achievements in sport. SECTION 15. ORGANIZATION OF SPORTS COMPETITIONS (1) Organizer of sports competitions shall be a legal person, legally capable natural person as well as institutions of the State or local governments. (2) Organizer of sports competitions shall submit notification to the local government in whose administrative territory the sports competition is intended to take place. (3) Organizer of sports competitions is responsible for and shall ensure observing of pub-lic order, accessibility of medical assistance, and abidance to hygienic, fire safety, safety engineering and other safety rules and normative acts at venue of the competitions. (4) Responsibility of athletes, spectators and other persons involved in process of sports competitions shall be observation of instructions of organizer of competitions, general rules of public order and safety as well as normative acts. SECTION 16. PARTICIPATION IN INTERNATIONAL SPORTS COMPETITIONS Athletes and teams in international sports competitions as in accordance with normative acts, on the side reconciling with accordant sport federation, shall use the national symbolism. The accordant Latvian sports federation represented in international sports organization shall organize participation of National Team in international sports competitions. SECTION 17. ORGANIZATION OF OLYMPIC GAMES, FINAL COMPETITIONS OF WORLD AND EUROPEAN CHAMPIONSHIPS Olympic Games in Latvia shall be organized by Latvian Olympic Committee, Final Competitions of World and European Championships - by sports federations, reconciling with Latvian National Sport Council. Responsibility of organizers of Olympic Games, Final Competitions of World and European Championships shall be carrying out the requirements of International Olympic Committee and international sports federations. SECTION 18. RIGHTS AND RESPONSIBILITIES OF AN ATHLETE (1) An athlete has right to participate the sports training and competitions. (2) Responsibility of an athlete is to comply with rules of international and Latvian sports federations, principles of sports ethics and fair play, conditions of Anti-Doping Convention as well as normative acts during participation the sports competitions. (3) An athlete is responsible for own status of health, performance of regular health control, insurance of own health and life. (4) Parents (persons exercising parent's rights) and sports specialists shall be responsible for performance of regular health control, insurance of health and life of under age athletes. SECTION 19. A PROFESSIONAL ATHLETE A professional athlete is a natural person who is preparing himself for and is about to participate sports competitions on a labour contract basis for an agreed payment. SECTION 20. RESPONSIBILITIES OF A SPORTS WORKER AND SPORTS SPECIALIST (1) A sports worker shall observe rules of international and Latvian sports federations, principles of sports ethics and fair play, conditions of Anti-Doping Convention as well as normative acts. (2) A sports specialist conducts sports training (activities) and fixed sports activities by adjustment of physical loadings to human body, by a rational use of sport for strengthening and maintenance of human health, and achievement of high mastership. (3) Cabinet of Ministers shall determine order of certification of sports specialists and requirements for a sports specialist to attain right to work in field of sports. The Education Law, excepting those pedagogues who implement programmes of sports education, determines claims for qualifications of sports pedagogues. TRANSITIONAL PROVISIONS 1. Until adoption of accordant Regulations of Cabinet of Ministers, but not later than six months after enactment of this Law the following Regulations of the Cabinet of Ministers shall be applied as long as they are in line with this Law: 1) Cabinet Regulation No. 169, 14 May 1996 "Regulations of Latvian National Sports Council"; 2) Cabinet Regulation No. 62, 15 February 2000 "Order of Awarding the Prize-Money for Outstanding Achievements in Sport". 2. Order of certification and requirements for sports specialist to be met to attain right to work in field of sports shall enact from 1 September 2004. 3. Recognition of sport federations, following the rules of third part of Section 10 in this Law shall be started by the Sports Administration in 1 January 2004. 4. Latvian National Sports Council shall start function not later than six months after enactment of this law. The Saeima has adopted this Law on 24 October 2002. President V. Vike-Freiberga Riga, 13 November 2002

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