The Legal Foundation of Sports Organisations
The Georgian Law on Sport frames the legal foundation for the participants of the sports sector. Under Article 8, a public or other non-state sports organisation is a sports federation, association, club or other association that aims at the development of sport. The state promotes the development of the activities of such organisations and involves them in the governance of sport; where necessary, the Ministry of Education, Science, Culture and Sport may, within its competence, transfer individual powers to them and control their exercise.
At the same time, public and other non-state sports organisations conduct their activities in accordance with the Law on Sport and other normative acts in force in the sports sector. This means that, despite the character of free association, a sports organisation operates on a legal basis whose violation may also affect its activities. This model of relations between the state and the sports sector — support, involvement in governance and the transfer of powers under control — creates a balance between the autonomy of sport and public interests.
The Status and Powers of the National Sports Federation
Article 10 shapes the institution of the National Sports Federation of Georgia. The federation is a non-profit (non-commercial) legal entity of private law established under the Civil Code, which conducts its activities in accordance with the law, other legislative and subordinate normative acts, international sports federations and its own statutes. It is the sole governing body in the relevant type of sport and is responsible for its development; it represents that sport both within the country and abroad and shares the principles of the Olympic movement.
The status of a federation is granted to an association whose founding documents satisfy the requirements of Georgian legislation and of the relevant international federation; its powers extend over the whole territory of Georgia. The federation executes the state order and cooperates with the Ministry on a contractual basis. The highest body of the federation is the congress, at least three quarters of whose members must be represented by sports organisations. The president of the federation may be a citizen of Georgia who has higher education and a high reputation and has not been convicted of a crime. The federation assembles the national team and represents it in international organisations and sports competitions. The federation is also entitled to engage in any activity not prohibited by the legislation in force, and within its competence it promotes the founding and functioning of sports societies, associations, clubs, schools and other organisations. The role of the federation thus exceeds its own activity alone — it also secures the development of the sporting ecosystem, and its decisions therefore affect a wide circle of participants.
The Legal Regime of the Sports Club
Article 11 regulates the sports club. The club conducts its activities in accordance with the Law on Sport, the legislation in force and its own statutes, and is a legal entity. The status of a club is granted to an organisation whose founding documents satisfy the requirements of Georgian legislation and of the relevant national sports federation. The preferential right of the club's management is to submit its members for transfer with the consent of the national sports federation.
The practical significance of these norms extends directly to the actors of the sports market: founding a club requires taking into account the requirements of both national legislation and the relevant federation, while obtaining the status of a federation also implies compliance with the rules of international sports organisations. Transfer-related relationships rest on the consent of the federation, which gives this process an additional legal dimension.
Frequently Asked Questions
What is a non-state sports organisation?
A sports federation, association, club or other association aiming at the development of sport; the state promotes their activity and may transfer individual powers to them.
What is the highest body of a national federation?
The congress, at least three quarters of whose members must be represented by sports organisations — a requirement that secures the real weight of the sporting sector in the governance of the federation.
What requirements apply to a federation president?
The president may be a citizen of Georgia with higher education and a high reputation who has not been convicted of a crime.
What is the condition of club status?
The founding documents must satisfy the requirements of Georgian legislation and of the relevant national sports federation.
How is a player submitted for transfer?
It is the preferential right of the club's management to submit its members for transfer with the consent of the national sports federation.
How We Help on Legal.ge
The lawyers of Legal.ge assist the actors of the sports sector — federations, clubs, associations and athletes — on matters of sports law: drafting founding documents, obtaining statuses and resolving disputes. Contact us on Legal.ge — we will help your sports organisation operate on a legally solid foundation, whether it is founding a new organisation, obtaining a status or properly steering existing relationships and transfer procedures.