Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
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Vol.40 N° 73
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Diciembre
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Recibido el 15/04/2022 Aceptado el 15/06/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 40, Nº 73 (2022), 364-376
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Combating sports corruption: an
analysis of international regulations
DOI: https://doi.org/10.46398/cuestpol.4073.19
Olha Bondarenko *
Maryna Utkina **
Oleg Reznik ***
Petro Malanchuk ****
Vitalii Yurakh *****
Abstract
Today, sport is one of the most developed and highly protable
industries. According to various sources, the annual revenue of
industry participants is estimated at at least $145 billion. The
article analyzes the relevant international anti-corruption legal
acts. We would like to emphasize that the adoption of these
documents and the ratication of most of them is an important
step in the ght against corruption in sport. At the same time,
most of these international standards are aimed at combating corruption,
that is, they oer active and punitive measures to combat it. Instead, the
authors insist on the priority of preventive measures against corruption.
The author’s classied approach to measures to combat corruption in
sport is proposed. It is concluded that the rst step should be to combat
corruption in international sports organizations. The eectiveness of anti-
corruption measures in this area depends mainly on the transparency of
their activities. Another area of corruption in sport is determined to be
grassroots corruption. The oldest form of corrupt sport is that which arises
spontaneously during competitions between two participants or two teams.
Keywords: sports corruption; criminal oences; counterattack to
corruption; corporate culture; international conventions.
* Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine. ORCID ID:
https://orcid.org/0000-0002-2288-1393
** Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine. ORCID ID:
https://orcid.org/0000-0002-3801-3742
*** Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine. ORCID ID:
https://orcid.org/0000-0003-4569-8863
**** Department of Justice, Faculty of Law, Sumy National Agrarian University, Ukraine. ORCID ID:
https://orcid.org/0000-0002-4501-708X
***** Department of Law and Law Enforcement of the Central Ukrainian Volodymyr Vynnychenko State
Pedagogical University, Ukraine. ORCID ID: https://orcid.org/0000-0003-1705-389X
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 364-376
Lucha contra la corrupción deportiva: un análisis de
las regulaciones internacionales
Resumen
Hoy en día, el deporte es una de las industrias más desarrolladas y
altamente rentables. Según diversas fuentes, los ingresos anuales de los
participantes de la industria se estiman en al menos $ 145 mil millones.
El artículo analiza los actos jurídicos internacionales anticorrupción
relevantes. Nos gustaría enfatizar que la adopción de estos documentos
y la raticación de la mayoría de ellos es un paso importante en la lucha
contra la corrupción en el deporte. Al mismo tiempo, la mayoría de estas
normas internacionales están dirigidas a combatir la corrupción, es decir,
ofrecen medidas activas y punitivas para combatirla. En cambio, los autores
insisten en la prioridad de las medidas preventivas contra la corrupción. Se
propone el enfoque clasicado del autor sobre las medidas para combatir
la corrupción en el deporte. Se concluye que, la primera medida debería ser
combatir la corrupción en las organizaciones deportivas internacionales.
La efectividad de las medidas anticorrupción en esta área depende
principalmente de la transparencia de sus actividades. Se determina que
otra área de corrupción en el deporte es la corrupción de base. La forma
más antigua de deporte corrupto es la que surge espontáneamente durante
las competencias entre dos participantes o dos equipos.
Palabras clave: corrupción deportiva; delitos penales; contraataque
a la corrupcion; cultura corporative; convenciones
internacionales.
Introduction
According to experts, sports corruption has existed for a long time.
During the rst Olympic Games, athletes and their representatives were
bribed in ancient Greece. Greek geographer and writer who lived in the II
century BC, Povsaniy called the competition «unconsecrated.» In addition,
K. Weber published the work «The Unholy Games: Ancient Olympia
between Legend and Reality», in which he described cases of «acquired
victories», bribery and «political intrigue». Based on the writings of writers
and critics, it can be assumed that the beginnings of corruption in the
sports industry appeared shortly after the start of the rst Olympic Games
in ancient Greece. Corruption is still an unresolved issue (Manukov, 2016:
34).
Nowadays, sport is one of the most developed and highly protable
industries. According to various sources, the annual income of industry
366
Olha Bondarenko, Maryna Utkina, Oleg Reznik, Petro Malanchuk y Vitalii Yurakh
Combating sports corruption: an analysis of international regulations
participants is estimated at at least $ 145 billion. Most cash ows ow
through international organizations, such as the International Football
Federation and the International Olympic Committee. The state of aairs
in sports shows that this environment has become one of the most corrupt.
For example, evidence of corruption in sports is match-xing, club tax
evasion, and the opacity of agency business (Sokolova, 2019).
This denition of the main features, types and measures to combat
sports corruption is essential.
1. Methods
The methodological basis of the study was a set of methods of scientic
knowledge. Of the philosophical methods, we used the phenomenological
method, which allowed us to analyze normative sources of national and
international law. With the help of the abstraction method, we were able
to investigate the grounds for the criminalization of illegal corruption in
sports. The generalization method made it possible to systematize the
types of sports corruption to identify the main areas of combating sports
corruption.
The hypothetical-deductive method ensured the implementation of a
cross-sectoral approach in analyzing the nature of sports corruption and
developing measures to combat its specic manifestations. In addition, we
used other methods of scientic knowledge, which in their complex allowed
us to ensure the completeness, objectivity, and depth of research on the
specics of combating sports corruption in Ukraine.
2. Results and Discussion
2.1. International anti-corruption legislation in the eld of
sports
The urgent need to combat sports corruption led to the accumulation of
eorts at the international level, which resulted in the adoption of relevant
anti-corruption international law: the International Convention against
Doping in Sport of October 19, 2005. Ukraine signed this convention on
November 18, 2005. and ratied on August 3, 2008.
The Convention contains binding rules for the harmonization of anti-
doping legislation, including barriers to the production and use of illicit
substances such as anabolic steroids; assistance in nancing anti-doping
tests; establishing links between the strict application of anti-doping
rules, and the provision of subsidies to sports organizations or individual
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athletes; conducting regular doping control procedures during and outside
competitions, in particular in other countries. The Convention also contains
a list of prohibited substances. It is also essential to set up a monitoring
group to periodically review this list and monitor compliance (Anti-Doping
Convention, 2016).
Unfortunately, the ratication of the International Convention against
Doping in Sport has not led to appropriate changes in the criminal law of
Ukraine. In particular, it is advisable to supplement Art. 323 of the Criminal
Code of Ukraine indicates the scope of the law - sports, and therefore
provides for more severe penalties for doping in this area. It is essential to
supplement the Criminal Code of Ukraine with an article that will introduce
liability for doping (Reznik et al., 2020).
Another important anti-corruption document in sports is the Council
of Europe Convention against the Manipulation of Sports. This document
was signed on September 18, 2014, in Maglingen as part of the work of the
Council of Europe. Ukraine acceded to it on December 21, 2015, and ratied
it on November 17, 2016.
Under the Convention, Parties must provide for the possibility of
criminal prosecution for manipulating sports if it covers acts of coercion,
corruption, or fraud as dened in their legislation, as well as the adoption
of legislative and other measures aimed at establishing criminal liability
in their national law for laundering of proceeds of crime related to the
manipulation of sporting events and the prosecution of legal persons for
the oenses outlined in this Convention.
The Convention contains provisions on the cooperation of the Parties to
investigate, prosecute, and administer justice in respect of oenses covered
by it, including arrest and conscation. Teamwork is required in full
compliance with existing international, regional, and bilateral treaties on
mutual assistance in criminal matters and the law of each Party on oenses
under Articles 15-17 of the Convention (Article 26). The Convention also
provides for the Parties’ cooperation with international sports organizations
to ght against the manipulation of sports competitions (Council of Europe
Convention Against the Suppression of Sporting Competitions, 2014).
It should be noted that the relevant law in Ukraine was adopted before
the ocial signing of the Convention. In particular, November 3
In 2015, the Law of Ukraine, “On Prevention of the Impact of Corruption
Oenses on the Results of Ocial Sports Competitions,” was adopted.
, elimination of their consequences and application of the proper type of
legal liability (On the Prevention of the Impact of Corruption Oenses on
the Results of Ocial Sports Competitions, 2015). In particular, among
other things, the analyzed law provided for additions to the Code of Ukraine
on Administrative Oenses and the Criminal Code of Ukraine.
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Olha Bondarenko, Maryna Utkina, Oleg Reznik, Petro Malanchuk y Vitalii Yurakh
Combating sports corruption: an analysis of international regulations
Thus, the rst was supplemented by an article providing for liability for
violating the ban on sports betting related to manipulation of ocial sports
competitions (Articles 172-9-1 of the Code of Administrative Oenses
of Ukraine), and the second - an article establishing liability for illegal
inuence on the results of ocial sports competitions (Article 369-3 of the
Criminal Code of Ukraine) (Bondarenko, 2017).
Another important document, of course, was the Council of Europe
Convention on Integrated Security, Protection and Services in Football
Matches and Other Sports Events (concluded in San Denis on July 3, 2017,
still a document to Ukraine, unfortunately, has not been ratied). At the
same time, ratication is signicant because, as stated in the explanatory
note to the draft Law of Ukraine «On Ratication of the Council of Europe
Convention on Integrated Approach to Security, Protection and Services
during Football Matches and Other Sports Events», adoption of a law
on ratication culture and sports to European standards, in particular in
the eld of security, protection and services during the organization and
holding of football matches and other sporting events (Explanatory note to
the draft law of Ukraine, 2017).
Following the Convention, the Parties shall take measures aimed at
ensuring safety, protection, and service at football and other sporting
events; prevention and prevention of the risk of wrongdoing or misconduct
(Council of Europe Convention on an Integrated Safety, Security and
Service Approach at Football Matches and Other Sports Events, 2016).
We want to emphasize that adopting these documents and ratifying most
of them is an essential step in combating sports corruption. At the same
time, most of these international regulations aim to ght corruption, i.e.,
they oer punitive, active measures to combat it. Instead, we are convinced
of the need for more extraordinary anti-corruption measures. The need for
their introduction is because the negative consequences of sports corruption
(violation of the principle of protection of good behavior in sports and
sports ethics; undermining public condence; money laundering, etc.),
despite criminal liability, are becoming stronger every year.
And this, in turn, leads to: rst, violation of Article 49 of the Constitution
of Ukraine, which states that the state cares about the development of
physical culture and sports, in particular in the context of preventing any
undue inuence on the course and results of sporting events; secondly,
distorting the perception of the social importance of sport for the life
of the population in Ukraine, for example in the context of forming and
maintaining traditions of healthy living; thirdly, it hurts the health of
athletes in the case of doping; fourth, it damages Ukraine’s image.
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2.2. Anti-corruption measures in international sports
organizations
Because of the above, we propose the following measures to combat
sports corruption. First of all, it is advisable to divide them by areas. The
rst is the ght against corruption in international sports organizations.
The eectiveness of anti-corruption measures in this area primarily
depends on the transparency of their activities. Today, international sports
associations are, in a sense, similar to developing countries in a period of
economic recovery. Revenues are overgrowing, and regulation is lagging
far behind because, at rst, they are all non-prot and supranational
organizations. The current scandals and investigations are mainly due to
developed countries’ supranational tax and police authorities.
Public opinion is so vital that it can lead to an investigation into
corruption and has the leverage to oversee the investigation. The
investigation into corruption in the International Football Federation has
already led to several arrests, resignations, and disqualications of the
world and European football leaders.
The positive outcome of these investigations will be the reform of
international associations and the development of stricter and more
transparent rules for sports business in all areas (Corruption in sports is
similar to corruption in third world countries, 2021). Therefore, transparency
in access to the nances of organizations is crucial. In particular, we consider
it necessary to provide full free online access to information on nances and
payments to the Member States, the declaration of management income.
In addition, in our opinion, it is advisable to delineate the administrative
and nancial functions of international sports organizations because the
combination of both administrative and nancial powers creates the
preconditions for abuse due to a lack of internal control. For example, in
2020, the doping schemes were exposed by the head of the International
Weightlifting Federation, T. Ayan. In particular, it is established that, like
any other international sports federation, the International Weightlifting
Federation regularly receives money from the International Olympic
Committee.
From 1992 to 2009, about $ 23 million was transferred to two accounts
of the International Weightlifting Federation in Swiss banks, which were not
reected in the organization’s nancial statements. Only Ayan had access to
the accounts. According to research, the fate of at least $ 5.5 million in these
accounts is currently unknown.
According to the International Weightlifting Federation rules, the
national associations of countries whose athletes have been convicted of
doping must pay a ne of up to $ 500,000 per year, depending on the
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Combating sports corruption: an analysis of international regulations
number of positive doping tests. Such penalties were often paid in cash
directly to T. Ayan. In 2013, Azerbaijan had to pay a ne of $ 500,000 for 18
positive doping tests, but the nancial report does not specify this amount
(Doping coverage and corruption, 2020).
Most modern sports organizations receive nancial resources
from various sources, such as sports lotteries, ticket sales, advertising,
sponsorship, philanthropy, entrepreneurship, deposit operations, property
leasing, and many other activities. On the other hand, sports organizations
spend money from various channels for their own needs, pay salaries and
bonuses to athletes and coaches, pay on loans from commercial banks,
make tax deductions.
Thus, the nances of the sports organization are not in a static state,
and they are constantly circulating from one payer to another. And even
temporarily free money should not be a «dead weight», but bring income
to the sports organization, preferably as much as possible. It is necessary
that all these tasks of managing the nancial ows of a sports organization
be entrusted to a particular economic service, which should be headed by
a competent specialist who is well versed in both sports and nance - the
nancial manager.
The nancial manager in sports clubs and organizations performs the
following functions: performs nancial analysis and planning (including
business planning); interacts with commercial banks and develops credit
policy; together with the management of the sports organization plans the
total amount of transfers and nancial investments; manages cash ows
(for salaries, bonuses, business trips for athletes, coaches and sta of sports
organizations), manages taxes; seeks and attracts sponsors (Tasks and
functions of the nancial manager in sports organizations, 2021).
Another measure to combat corruption in international sports
organizations should be the development of corporate culture. Corporate
culture is a specic form of existence of an interdependent system, which
includes a hierarchy of values that dominate among employees of the
organization and a set of ways to implement them, prevailing in it at a
particular stage of development (Chernyshova and Nemchenko, 2010).
The importance of corporate culture for a sports organization is that it
strengthens cohesion and creates consistency in the behavior of employees.
For the latter, corporate culture serves as a compass for choosing the
proper behavior necessary for successful work in the organization. Thus,
the corporate culture of a sports organization is a set of fundamental values,
beliefs, attitudes common to members of the sports organization, which
determine the standards or norms of behavior for all its members, including
the inadmissibility of corrupt behavior (Hoya, 2013).
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To combat corruption, it is imperative to form the correct organizational
principles, i.e., the principles laid down in the mission and vision of the
sports organization, which will guide the organization in general and its
leader, particularly when interacting with the environment working with
sta. The formation of organizational values is inuenced by social and
cultural norms that have developed in society and the importance of critical
employees and departments. Thus, without a clear understanding of the
characteristics of the corporate culture of a sports organization, you can
not start to change the corporate culture. Established values and beliefs
are complicated to transform, and even with the psychologically competent
introduction of new symbols, heroes, etc., the real change in corporate
culture takes years or may require a modication of generations (Zhabakov,
2018).
That is why, for example, now, given the numerous corruption scandals
and leadership renewal, the world community has high hopes for the new
leadership of the International Football Federation, not only in the ght
for honesty in sports but also in the comprehensive development of sports
relations in general (Trubitsyna, 2016).
2.3. Measures to combat «grassroots» sports corruption
Another area of corruption in sports is «grassroots» corruption. The
oldest form of corrupt sport arises spontaneously during competitions
between two participants or two teams—competitor A bribes competitor B
to win. Or even competitor A would bribe opponent B to agree to help them
win over a third opponent. Such corruption is not planned and occurs when
the opportunity to win accidentally arises during a sporting event.
It is a petty (as opposed to severely criminal) corruption that distorts
sports results without endangering someone’s life and creating substantial
social problems. For example, in long-distance races such as the Tour de
France, in some circumstances, the victory in the stage takes place between
two riders who nish ahead; eventually, one rider bribes the others.
In addition, there is spontaneous cooperation between rivals in sports
competitions.
In a football match, the players of the two teams talk to each other - just
like two cyclists at the end of a stage - or simply signal to their opponents,
aimlessly and lazily hitting the ball, that they are ready to make less eort
and record the result. Such corruption usually involves cash payments.
Winning the Tour de France will «cost» within 100,000 euros.
The specic amount will depend on the circumstances of the race and
the type (mountain or not) of the stage. This type of corruption occurs
between sports insiders; none of the corrupt employees work outside the
sports industry. Sports insiders are athletes/players, coaches, referees,
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Olha Bondarenko, Maryna Utkina, Oleg Reznik, Petro Malanchuk y Vitalii Yurakh
Combating sports corruption: an analysis of international regulations
and sports managers from the club level to international sports governing
bodies (Maennig, 2006).
The next type of petty corruption in sports, which is also a place among
insiders but has a non-monetary nature - is barter corruption. In such a
barter exchange, the corrupt athlete or team A, which is on the verge of
declining in the sports hierarchy and therefore absolutely in need of a
victory, oers the athlete or team B to allow it to win; the ill-gotten gains
are not paid in cash, and later with some of the planned losses taken by
A in subsequent matches against B. Barter corruption is dicult to detect
because there are no cash ows or temporal indicators. At the same time,
there are specic methods of seeing this type of sports corruption (Duggan
and Levitt, 2001).
For example, it was possible to detect abuses in Japanese sumo wrestling
through meticulous analysis of a signicant number of ghts. Traditionally,
the reward for wrestlers is paid for consecutive systemic victories of several
matches in a row. The research carried out by journalists made it possible
to identify a disproportionate share of battles won rst by some wrestlers
for the award and then by others (Maennig, 2006).
It is much more challenging to combat grassroots corruption because it
is important to conduct educational activities to educate people interested
in sports corruption and unacceptable attitude to corruption oenses. In
particular, in this aspect, it is necessary to note the positive experience of
the International Criminal Police Organization (Interpol), which developed
the program «Fair Sports». The essence of this program is to educate and
train key people in sports, how to recognize, resist and report on attempts
to bribe or falsify the results of matches; improve the training of law
enforcement agencies to investigate corruption oenses or match-xing.
The program includes tools to protect sports from corruption, including
national and regional seminars and e-learning modules (Trubitsyna, 2016).
Also, according to foreign experience, the attention of the public and the
media to the problem of sports corruption is essential. Corruption can go
unnoticed due to the «blindness» of sports journalists, who may be either
naively fascinated by the beauty of sports, immersed in daily journalistic
routine, or maintain neutrality through symbolic and material gifts from
athletes, sports clubs, and organizations. However, for the most part, sports
journalism involves eorts to obtain complete information and technically
perfectly reproduce modern sports (Numerato, 2012).
An example of a successful journalistic investigation that uncovered
corruption abuses is that in 2012 the American L. Armstrong was disqualied
for doping and annulled all his results since his return to cycling in 1998.
In January 2013, the athlete publicly acknowledged the use of illicit drugs
and multiple blood transfusions (The Outstanding Racer Turned Out to Be
a Deceiver, 2021).
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Journalists of the program «STOP Corruption» revealed the corruption
schemes of the President of the Football Federation of Ukraine, A. Pavelko.
Every year, the Union of European Sports Organizations allocates 6 million
euros to Ukraine within the framework of the Hat-Trick social program
for the construction of football elds with articial turf. These funds are
enough to build 300 venues across Ukraine every year, but the Football
Federation has decided to dispose of European millions dierently.
In particular, the president of the Football Federation of Ukraine,
A. Pavelko, decided to build a plant to produce articial turf for football
elds instead of building playgrounds. In 2016, the federation established
a limited liability company, «FFU-Production,» and spent 8 million euros
on a social program to construct this plant. As a result, domestic coverage
turned out to be more expensive than foreign counterparts (Journalists
uncovered FFU President Andrei Pavelko’s corruption schemes, 2019).
According to the Swiss journalist, the president of the Ukrainian Football
Association was condent of his inviolability.
However, something went wrong, and he was forced to sign a secret
agreement, pay a ne, and even resign from the Disciplinary Committee
of the International Football Association, of which he was a member
(European journalists have revealed the contents of Palvelki’s secret
deal with FIFA, 2021). Thus, the role of journalists in combating sports
corruption is signicant.
Conclusions
Thus, the authors found that at the international level, they have
developed a specialized legal framework for combating sports corruption:
the International Convention against Doping in Sport, the Council of
Europe Convention against Manipulation of Sports, the Council of Europe
Convention on Integrated Security, Protection and services during football
matches and other sporting events, etc. According to the results of the
analysis of these international conventions, the approach proposed in them
mainly consolidates measures to combat corruption.
Instead, in our opinion, it is more appropriate to apply measures to
prevent corruption in the sports industry. The importance of implementing
measures to combat sports corruption in specic areas is tackling corruption
in international sports organizations and grassroots sports corruption. It
is proposed to ght corruption in international sports organizations by
introducing transparency mechanisms, delimitation of administrative and
nancial functions of international sports organizations, and developing
corporate culture. Regarding the ght against grassroots corruption in the
sports eld, educational activities and active participation of the media in
conducting anti-corruption investigations are essential for this.
374
Olha Bondarenko, Maryna Utkina, Oleg Reznik, Petro Malanchuk y Vitalii Yurakh
Combating sports corruption: an analysis of international regulations
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Esta revista fue editada en formato digital y publicada
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Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 73