Sports law is undoubtedly a complex and dynamic field that encompasses civil, labor, and administrative law—and, in the context of modern Ukraine, international law as well. As a result, Ukrainian athletes often face unprecedented challenges that require immediate legal attention. In such circumstances, the first step is to analyze the fundamental principles and key aspects that serve as a foundation for finding the right solution.
And the first issue that requires attention:
What is the basis for cooperation between athletes and sports clubs?
A sports contract is, first and foremost, a written agreement between a sports club or organization and a professional athlete that governs the terms of their collaboration. The contract establishes the rights and obligations of the parties, the term of the agreement, the amount and method of payment, and, equally important, the conditions for training and competitions, as well as the use of the athlete’s image.
It is also interesting to note that a sports contract is a unique type of agreement, as it essentially goes beyond the scope of ordinary employment contracts and incorporates elements of civil law relationships.
Who should sign a sports contract, and how should it be done?
Such contracts are signed between:
- Sports club/organization.
- A professional athlete or coach.
A sports contract is a key document, but its specifics vary significantly depending on the sport. In soccer, for example, a professional soccer player’s contract is signed. It is an employment contract, but an integral part of it is strict compliance with FIFA Regulations on the Status and Transfer of Players. This document regulates in detail not only salaries but also specific aspects such as a club’s transfer rights to a player and the mechanism for compensation for the training of young players, ensuring international consistency in transfers.
A hockey contract is based on similar employment principles but is supplemented by the requirements of the Ukrainian Hockey Federation (UHF) and international rules. This type of contract must include specific provisions regarding injury insurance, given the high level of risk, as well as terms governing a player’s participation in games and training camps for national teams, which is a critical issue for all professional hockey leagues.
In basketball and volleyball, player contracts(English: athlete contract) are signed. Such contracts often incentivize high performance, including bonuses tied to a player’s statistics or team results. Buyout clauses (English: buyout clauses) are also common, allowing a player or another, stronger club to buy out the contract to move to more prestigious leagues.
And finally, in the field of mixed martial arts (MMA), relationships are regulated in a completely different way. Instead of a long-term employment contract, a Bout Agreement (English: Bout Agreement) —a one-time agreement for a specific match—is most often entered into.
What do you need to know about contracts with minor athletes and international transfers?
As our experience has shown, one of the most pressing issues is contracts entered into with minor athletes without the proper consent of both parents, especially when the parents are abroad.
And this is precisely where we’re talking about legal risks for clubs and players.
First, the lack of parental consent may result in the contract being declared null and void (Article 32 of the Civil Code of Ukraine), which jeopardizes the legitimacy of the player’s participation in competitions.
Second, international federations (particularly FIFA) strictly regulate the transfer of minors. Any legal inaccuracy or error in a sports contract could be used against a Ukrainian club or player during an international transfer, potentially leading to sanctions.
Third, it is necessary to ensure that the interests of young athletes—who often sign sports contracts under pressure or without fully understanding the terms—are protected.
What are the challenges of wartime?
Since 2014, Ukrainian sports have been subjected to a devastating impact that has manifested itself in many areas: from organizational and financial matters to athletes’ participation in international competitions. Sports infrastructure, including stadiums and training facilities in Donetsk, Luhansk, and Crimea, has been lost or damaged, leading to the mass relocation of professional clubs (such as FC Shakhtar and HC Donbas) and sports schools to other regions of Ukraine. These events triggered an exodus of some athletes and coaches, significantly complicated the financing of clubs and federations, and disrupted the system for training the Olympic reserve, forcing Ukrainian sports to operate in a state of constant adaptation and survival long before the full-scale invasion.
The aggressor country’s full-scale invasion in 2022 only added to the unique legal challenges requiring clubs, athletes, and their lawyers to constantly adapt to changes in labor, sports, and mobilization laws.
Sports Arbitration: What You Need to Know
Currently, most major disputes—especially those with an international element, such as transfers, doping cases, or appeals against decisions by international federations—are heard by the Court of Arbitration for Sport (CAS) in Lausanne.
The Court of Arbitration for Sport (CAS) in Lausanne began operations in 1948 to resolve disputes arising in the field of sports. Generally speaking, cases brought before the CAS can be divided into two broad categories:
- Commercial disputes related to the performance of employment or sponsorship contracts, the organization of television broadcasts, or sporting events;
- Disciplinary disputes relate to doping violations or various incidents that may arise during athletic competitions.
It is worth noting that, under its rules, CAS may act as the first and sole instance if the parties have included a corresponding arbitration clause in their contract, or as an appellate body in cases where decisions by national sports authorities are challenged. Decisions are final and may be appealed to the Swiss Federal Court only in exceptional cases, primarily on procedural grounds.
However, for most Ukrainian clubs and athletes, having their cases heard by CAS remains extremely costly and complicated, which effectively limits their access to fair and prompt sports justice.
ARMADUM LAWYERS Law Firm—Your Trusted Partner:
We offer a full range of services in the field of sports law:
- Drafting, analyzing, and managing sports contracts (soccer, hockey, martial arts, etc.), including international transfer agreements.
- We ensure that contracts are legally sound, minimizing the risk of them being deemed void.
- Resolving conflicts related to the suspension or termination of employment contracts under martial law and issues of relocation.
- Representing the interests of clubs and athletes before the Court of Arbitration for Sport (CAS) in Lausanne and other international bodies.
- Legal support for documenting damages, attracting investment, and restoring damaged sports facilities.
- Consulting on combating match-fixing and doping violations.
Don’t let legal risks get in the way of your athletic career or your club’s activities.
👉 Contact ARMADUM LAWYERS today to receive professional legal advice and representation tailored to the realities of martial law!