LEGAL ASPECTS OF PLAYER TRANSFERS IN UKRAINIAN BASKETBALL

Abstract

The article examines the legal aspects of player transfers in Ukrainian basketball through the lens of national and international regulation, taking into account the provisions of labor law, regulations of the Basketball Federation of Ukraine (BFU), norms of the International Basketball Federation (FIBA), as well as the practice of international sports arbitration institutions. This approach makes it possible to comprehensively assess the current state of legal regulation of player transfers and to outline the key challenges of the transfer system. Purpose of the study is to determine the specifics of the legal framework of basketball transfers, identify gaps in existing regulations, and develop proposals for improving the current model. The research is based on the Constitution of Ukraine, the Labor Code, the Law of Ukraine “On Physical Culture and Sports”, internal BFU regulations, FIBA documents, and the practice of the Court of Arbitration for Sport (CAS). Formal-legal, comparative-legal, and systemic methods, as well as analysis of judicial practice, were applied, which allowed identification of legal conflicts and possibilities for adapting international standards to Ukrainian realities. The study revealed significant contradictions between Ukrainian labor legislation and special sports regulations that complicate the realization of players’ right to freely choose a club. It was also found that there is a lack of transparent mechanisms for compensation for the training of young athletes, which often leads to disputes between clubs. Foreign approaches were analyzed, including the landmark Bosman case in the EU, which strengthened athletes’ freedom of employment, and the NBA system, based on collective bargaining agreements. The necessity of creating an independent sports arbitration body in Ukraine and introducing a unified electronic registry of transfer agreements was substantiated. The research proves that the transfer system in Ukrainian basketball requires comprehensive reform aimed at harmonizing labor law with sports regulations, strengthening the guarantees of players’ and clubs’ rights, and ensuring integration into the international legal framework. The proposed recommendations demonstrate both scientific and practical novelty and form the basis for further academic research.