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Sport Act

Content

Sport Act - content
Issuer:Riigikogu
Type:act
In force from:01.07.2016
In force until:31.12.2016
Translation published:06.06.2016

Sport Act

Passed 06.04.2005
RT I 2005, 22, 148
Entry into force 01.01.2006, partially according to subsections 33 (2) and (3).

Amended by the following legal instruments (show)

PassedPublishedEntry into force
08.03.2006RT I 2006, 14, 11106.04.2006
22.03.2006RT I 2006, 15, 11914.04.2006
21.12.2006RT I 2007, 4, 1901.09.2007
22.10.2008RT I 2008, 48, 26401.02.2009
20.02.2009RT I 2009, 15, 9301.04.2009
26.11.2009RT I 2009, 62, 40501.01.2010
22.04.2010RT I 2010, 22, 10801.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, p. 24 - 26).
20.05.2010RT I 2010, 29, 15120.06.2010
02.06.2010RT I 2010, 35, 19101.06.2011
17.06.2010RT I 2010, 44, 26201.09.2010
08.12.2011RT I, 29.12.2011, 101.01.2012, partially 01.01.2014 and 01.11.2014
13.06.2012RT I, 27.06.2012, 201.07.2012
14.11.2012RT I, 06.12.2012, 101.01.2013
19.06.2014RT I, 12.07.2014, 101.01.2015
19.06.2014RT I, 29.06.2014, 10901.07.2014, official titles of ministers replaced on the basis of subsection 107³ (4) of the Government of the Republic Act starting from the wording in force as of 1 July 2014.
05.11.2014RT I, 18.11.2014, 619.11.2014
19.11.2014RT I, 13.12.2014, 101.01.2016, date of entry into force amended 01.07.2016 [RT I, 17.12.2015, 1]
25.11.2015RT I, 17.12.2015, 120.12.2015, partially 01.01.2016 and 01.07.2016
09.12.2015RT I, 30.12.2015, 118.01.2016

Chapter 1 GENERAL PROVISIONS  

§ 1.  Scope of application of Act

 (1) This Act provides for the general organisational and legal bases of the organisation of sport, the rights and obligations of sportsmen, sportswomen and coaches, the bases for application for and grant of state support for winners of the Olympic Games, the bases for the financing of sport, the bases for the support of labour costs of coaches and the requirements for the organisation of sports events and liability for violation of the requirements.
[RT I, 18.11.2014, 8 – entry into force 19.11.2014]

 (2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act.

§ 2.  Duty to organise and promote sport

  Sport is organised and promoted by the state, local governments and sports organisations for the purposes of the physical and mental shape and sporty lifestyle of the whole nation and the self-realisation of the youth in sport.

§ 21.  Duties of county government in organisation and promotion of sport

 (1) The use of sport facilities administered by the county government shall be organised by the county governor who shall create conditions for the implementation of general directions for the development of sport and in co-operation with local government bodies shall submit proposals for the development of state financing and investment programmes regarding sport.

 (2) A county governor shall form a sports council as an advisory board at the county government. The internal rules of the sports council shall be approved by the county governor.
[RT I 2006, 14, 111 – entry into force 06.04.2006]

§ 3.  Organisation of sport in rural municipalities and cities

  Rural municipalities and cities are required to:
 1) determine the area necessary for sport within their administrative territories;
 2) approve the conditions and procedure for the support of sports organisations from rural municipality or city budgets, application forms and prescribe the conditions of cost-sharing for the grant of support, if necessary;
[RT I 2009, 15, 93 – entry into force 01.04.2009]
 21) support the work of sports organisations located within their administrative territories in case of existing budgetary funds;
[RT I 2009, 15, 93 – entry into force 01.04.2009]
 3) ensure conditions for conducting physical education lessons in municipal schools and promote practising sport in schools, sports schools and permanent youth camps;
[RT I 2010, 44, 262 – entry into force 01.09.2010]
 4) designate public servants engaged in the organisation of sport within their administrative territories or assign these functions to other public servants of the rural municipalities or cities;
 5) inform county governments and the Ministry of Culture of an intention to change the purpose of a sport facility.

§ 4.  Sports organisations

  For the purposes of this Act, the following are sports organisations:
 1) sports club – a legal person in private law the main activity of which is the development of sport;
 2) county sports union – an association of sports clubs operating in a county which, as a member of the national Olympic Committee, represents sport in the county and has the exclusive right to organise county championships and grant the corresponding titles;
 3) sports federation – a national association of sports clubs practising a sport, which, as a member of the international sports federation of the sport and a member of the national Olympic Committee, represents the sport and has the exclusive right to organise national championships and grant the corresponding titles;
 4) sports association – an association of sports clubs operating or natural persons acting in a specified field of sport (amateur sport, recreational sport, school sport, student sport, sport for disabled people, company sport, veteran sport etc) or on the regional principle;
 5) national Olympic Committee – an organisation which unites county sports unions, sports federations, sports associations and, under the conditions provided for in the Olympic Charter, natural persons and organises common activities and develops and protects the sports and Olympic movement in Estonia.

§ 5.  Sports school

  A sports school is an institution operating on the basis of the Hobby Schools Act or the Private Schools Act.
[RT I 2007, 4, 19 – entry into force 01.09.2007]

§ 6.  Requirements for coaches

 (1) A coach is required to:
 1) ensure compliance with the general principles of sports training and safety;
 2) monitor the correspondence of the training load to the state of health of the trainee.

 (2) A coach is a sports specialist who instructs sportsmen and sportswomen and other persons participating in sport and who has the professional qualifications of coach within the meaning of the Professions Act.

 (3) A coach may also be a person who has acquired foreign professional qualifications if his or her professional qualification has been recognised according to the Recognition of Foreign Professional Qualifications Act. The competent authority provided for in subsection 7 (2) of the Recognition of Foreign Professional Qualifications Act shall be the Ministry of Culture.
[RT I, 30.12.2015, 1 - entry into force 18.01.2016]

§ 61.  Sports database

 (1) In order to keep an account of Estonian sports organisations, sports schools, sport facilities and coaches with the aim to organise and manage sports activities and enhance participation in sports activities, the Government of the Republic shall establish a sports database which belongs to the state information system.

 (2) The statutes of the sports database shall be established by the Government of the Republic.

 (3) The chief processor of the sports database shall be the Ministry of Culture.
[RT I 2010, 35, 191 – entry into force 01.06.2011]

 (4) The tasks of an authorised processor of the sports database may be performed by a legal person in private law on the basis of a contract under public law in the extent prescribed by the chief processor.
[RT I, 27.06.2012, 2 – entry into force 01.07.2012]

§ 7.  Sports assignments

  A sports organisation has the right to send sportsmen and sportswomen who are its members or members of the sports organisation which is its member, and coaches, judges, sports doctors and other persons connected with the organisation of sport outside of the location of the permanent place of employment of the person who is sent to the sports assignment, including foreign states, to achieve the objectives specified in the articles of association of the sports organisation and has the right to pay the compensation for travel and accommodation costs and daily allowances related to the assignment to them.

§ 8.  Participation in international championships

  Estonian citizens and minors under 18 years of age residing in Estonia who are not the citizens of another state have the right to participate in international championships in the membership of the Estonian national league or individually.

§ 9.  Bases for financing sport from state budget

 (1) Support shall be paid to sports organisations which have a development plan and have been entered in the sports database and which have updated their information entered in the sports database in the previous year by the term determined by the chief processor.
[RT I 2010, 35, 191 – entry into force 01.06.2011]

 (2) The development plan of a sports organisation shall prescribe the mission and objectives of the sports organisation and the activities and means planned to fulfil the mission and achieve the objectives. The development plan shall be prepared for at least four years.

 (3) The procedure for the distribution of funds allocated from the state budget to support sport shall be established by a regulation of the minister responsible for the area.

§ 91.  Support for sports federations, sports clubs and sports schools for covering labour costs of coaches

 (1) Support for sports federations, sports clubs and sports schools shall be prescribed in the state budget for covering the labour costs of coaches instructing children and up to 24-year-old (included) young persons (hereinafter support for labour costs of coaches).

 (2) The determination of the size of support for labour costs of coaches shall be based on the amount of lessons of training groups instructed thereby in the sports federation, sports club or sports school.

 (3) The determination, division and reclamation of the support for labour costs of coaches shall be decided by the minister responsible for the area.

 (4) The minister responsible for the area may authorise a legal person in private law on the basis of a contract under public law for the determination, division and reclamation of the support for labour costs of coaches. In case of entry into a contract under public law, supervision over the implementation of a contract under public law shall be exercised by the Ministry of Culture.

 (5) The following personal data may be processed for deciding on the grant of support for labour costs of coaches:
 1) the name of the child or young person training in the sports federation, sports club or sports school applying for the support;
 2) the personal identification code of the child or young person training in the sports federation, sports club or sports school applying for the support.

 (6) The data entered in the sports database specified in § 61 of this Act may be used and the correctness of personal data specified in subsection (5) of this section may be verified through the population register upon proceeding the applications for the support for labour costs of coaches.

 (7) The conditions for determination of the support for labour costs of coaches, including the requirements for sports federations, sports clubs and sports schools and the cost-sharing thereof, requirements for the training groups and coaches as well as the size of support and the procedure for division, return and reclamation of support shall be established by a regulation of the minister responsible for the area.
[RT I, 18.11.2014, 8 – entry into force 19.11.2014]

§ 10.  State sports scholarships and awards

 (1) The Government of the Republic shall grant state sports awards for outstanding sporting achievements and the minister responsible for the area shall grant state sports scholarships to stimulate top results in sports.

 (2) The conditions of and procedure for the grant of state sports scholarships and awards shall be established by a regulation of the Government of the Republic.
[RT I 2006, 15, 119 – entry into force 14.04.2006]

§ 11.  Compliance with anti-doping rules

 (1) Sportsmen, sportswomen and coaches are required to know and comply with anti-doping rules which are provided for in the World Anti-doping Code and which are adopted pursuant to the Code.

 (2) A sportsman or a sportswoman concerning whom the use of doping has been established or who has refused to take a doping test shall, therefore, lose the right to receive state sports scholarships and awards granted to him or her by the sports federation or the international sports federation for the period of suspension.

Chapter 2 STATE SUPPORT FOR WINNER OF OLYMPIC GAMES  

§ 12.  Persons having right to receive support for winner of Olympic Games

 (1) Support for winner of the Olympic Games (hereinafter support) shall be granted and paid under the conditions provided for in this Act to persons who are citizens of Estonia and have won the Olympic Games in Olympic sports provided for in the Olympic Charter or in sports included in the Para-Olympic Sports Programme, representing the Republic of Estonia.

 (2) A person who has won the Olympic Games may apply for support:
 1) on the basis of age – ten years before attaining the pensionable age provided for in § 7 of the State Pension Insurance Act, or
 2) on the basis of partial or no work ability – as of the establishment of partial or no work ability pursuant to the procedure provided for in the Work Ability Allowance Act.
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (entry into force amended - RT I, 17.12.2015, 1)]

 (3) A person who has won the Para-Olympic Games may apply for support ten years before attaining the pensionable age provided for in § 7 of the State Pension Insurance Act.

§ 13.  Financing of support and rates of support

 (1) Payment of support shall be financed from the state budget.

 (2) The basis for calculation of support shall be the support rate (separate for winners of the Olympic Games and winners of the Para-Olympic Games) established by the state budget for each budgetary year. The new rates of support shall not be lower than the valid rates.

§ 14.  Application for support

 (1) An application for support shall be submitted to the Estonian National Social Insurance Board.
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]

 (2) In order to apply for support, the following documents shall be submitted:
 1) an application;
 2) a document provided for in subsection 2 (2) of the Identity Documents Act;
 3) a notice of the national Olympic Committee or Para-Olympic Committee which certifies compliance with the conditions provided for in subsection 12 (1) of this Act;
 4) a document certifying partial or no work ability in the case provided for in clause 12 (2) 2) of this Act.
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (entry into force amended - RT I, 17.12.2015, 1)]

 (3) Documents submitted to the Estonian National Social Insurance Board shall be originals or officially certified copies thereof. The Estonian National Social Insurance Board shall certify the copies of original documents to be kept by the Estonian National Social Insurance Board and shall return the original documents.
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]

 (4) The date on which the Estonian National Social Insurance Board receives a support application together with all necessary documents is deemed to be the date of application for the support.
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]

 (5) If an application for support is sent by post and all necessary documents are appended, the date on the date stamp of the place in which the application is posted is deemed to be the date of application for the support.

§ 15.  Review of application

  The Estonian National Social Insurance Board shall review the documents submitted for application for support at the earliest opportunity, but not later than within ten working days after the date of submission of the application.
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]

§ 16.  Calculation of amount of support

 (1) The amount of support paid on the basis of age and no work ability shall equal to the rate provided for in § 13 of this Act.
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (entry into force amended - RT I, 17.12.2015, 1)]

 (2) The amount of support paid on the basis of partial work ability shall equal to one half of the rate provided for in § 13 of this Act.
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (entry into force amended - RT I, 17.12.2015, 1)]

 (3) The amount of support shall be calculated on the basis of the support rate in force on the date of grant of the support. Upon amendment of the support rate, the support shall be recalculated as of the date of establishment of a new support rate.

§ 17.  Term for grant of support

 (1) Support shall be granted from the date on which the right to receive the support provided for in this Act arises if the documents necessary for application for the support are submitted within six months from the date on which the right to receive the support arises.

 (2) Upon a later application for support, the support shall be granted as of the date of application.

 (3) Support paid on the basis of age shall be granted for an unspecified term.

 (4) Support paid on the basis of partial or no work ability shall be granted for the period of partial or no work ability.
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (entry into force amended - RT I, 17.12.2015, 1)]

 (5) Support on the basis of age shall be granted to a person to whom support is paid on the basis of partial or no work ability until the age provided for in clause 12 (2) 1) of this Act without requesting a new application.
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (entry into force amended - RT I, 17.12.2015, 1)]

§ 18.  Decision to grant permit

 (1) Grant of support shall be decided by the Estonian National Social Insurance Board.
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]

 (2) Grant of or refusal to grant support shall be documented in a written decision which consists of:
 1) an introduction which sets out the name of the official who makes the decision and the date on which the decision is made;
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]
 2) a descriptive part which contains a summary of the application of the applicant for support;
 3) the reasons of the decision which indicate the documents and evidence, and circumstances and reference to the provisions of legislation on which the decision is based;
 4) the conclusion of the decision which includes an opinion on the satisfaction of or refusal to satisfy the application;
 5) information on the procedure and term for appeal against the decision;
 6) a notation concerning the manner of notification of the decision;
 7) the signature of the official who makes the decision.
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]

§ 19.  Payment of support

 (1) Support shall be paid each month for the current month according to the request of the recipient of the support:
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]
 1) to the bank account of the recipient of the support in Estonia at the payer’s expense;
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]
 2) on the basis of a written application of the recipient of the support drawn in the Estonian National Social Insurance Board or a notarised application, to the bank account of another person in Estonia, including the bank account of a local government, at the payer’s expense, or
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]
 3) to the bank account of the recipient of the support in a foreign state whereas the recipient of the support pays for the fees requested by his or her payment service provider.
[RT I, 06.12.2012, 1 – entry into force 01.01.2013]

 (2) [Repealed - RT I 2008, 48, 264 – entry into force 01.02.2009]

 (3) [Repealed - RT I 2008, 48, 264 – entry into force 01.02.2009]

Chapter 3 REQUIREMENTS FOR ORGANISATION OF SPORTS EVENTS  

§ 20.  Application for permit for organisation of sports event

 (1) The organiser of a sports event (hereinafter organiser) shall, at least one month before the date on which the sports event is organised, submit to the rural municipality or city government of the location where the sports event is organised a written application for the receipt of a permit for organisation of the sports event (hereinafter permit) which sets out:
 1) the name of the sports event, the time and place of the sports event;
 2) the name, residence or address, date of birth or registry code of the organiser;
 3) the names of the participating clubs and leagues;
 4) the presumed number of spectators and, separately, the number of persons who support each team;
 5) information on the person responsible for the public order and security;
 6) information concerning the security undertaking and circumstances provided for in clause 9 (2) 4) of the Security Act or the number of stewards provided by the organiser and a description of their duties;
 7) information on organisation of the ticket sale;
 8) information on the organisation of separation of persons supporting the participating teams from each other;
 9) if the retail trade of alcohol beverages is planned at the place of the competition, information on the organisation thereof;
 10) information on organisation of parking of vehicles;
 11) the assessment by the organiser of the sports event concerning the security risks which may arise during the competition.

 (2) The following are the sports events for the organisation of which a permit specified in subsection (1) of this section must be applied for:
 1) an A-league game or tournament of a football, ice-hockey and basketball;
 2) a UEFA Cup game or tournament of a football club;
 3) a friendly sports meeting of a Masters League football, ice-hockey or basketball club with a club or league of a foreign state.

 (3) A rural municipality or city government shall forward an application for a permit specified in subsection (1) of this section immediately to the Police and Border Guard Board and the Rescue Board for approval and, if necessary, also to other agencies which approve or refuse approval of the application for the permit within five working days after submission of the application for the permit for approval. The specified agencies may grant approval for the application for the permit conditionally in order to ensure security.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

 (4) A rural municipality of city government may transfer the competence provided for in §§ 21, 22 and 24 to a rural municipality or city administrative agency.

§ 21.  Grant of permit

  A rural municipality or city government shall grant a permit within ten working days after submission of an application for the permit. The permit shall set out:
 1) the name of the sports event;
 2) the name, residence or address, date of birth or registry code, and telephone number of the organiser;
 3) the location of the place of the competition;
 4) the date and time of the beginning and end of the sports event;
 5) the conditions set by the agencies which approved the application.

§ 22.  Refusal to grant permit

  A rural municipality or city government may refuse to grant a permit within ten working days after submission of an application for the permit and shall notify the organiser thereof in writing within three working days. The rural municipality or city government may refuse to grant the permit if:
 1) the required information is not submitted in the application for the permit or other deficiencies exist and the deficiencies are not eliminated within a term;
 2) the application for the permit is not submitted on time;
 3) the organiser fails to comply with the conditions of approval of the agencies which approved the application for the permit, which must be complied with before the grant of the permit.

§ 23.  Obligations of organiser

  Upon planning, preparation and organisation of a sports event, an organiser is required to:
 1) ensure the security of those participating in the sports event;
 2) ensure strict monitoring of the ticket sale such that persons who support different competitors are separated from each other;
 3) organise the parking of vehicles;
 4) ensure the public order and maintenance of general order at the place of the competition;
 5) comply with the conditions set by the agencies which approved the application.

§ 24.  Application for permit to organise home games, grant of permit and refusal to grant permit

 (1) The organiser of home games shall submit an application for a permit which sets out information specified in subsection 20 (1) of this Act concerning all known home games at least one month before the beginning of the season to the rural municipality or city government of the location where the home games are organised.

 (2) In the case of a sports club belonging to the Masters League of football, ice-hockey or basketball, a home game is a game against another sports club in its own home field or local hall and, in the case of a national league, a game against the league of another state in the Republic of Estonia.

 (3) A permit specified in subsection (1) of this section shall be granted or grant thereof shall be refused under the conditions and pursuant to the procedure provided for in §§ 21 and 22 of this Act.

Chapter 4 LIABILITY  

§ 25.  Violation of requirements for organisation of sports events

 (1) Organisation of sports events without permission or violation of the obligations of organiser is punishable by a fine of up to 200 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 2,000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 26.  Procedure

 (1) [Repealed - RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (2) Extra-judicial proceedings concerning the misdemeanours provided for in § 25 of this Act shall be conducted by the Police and Border Guard Board.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

Chapter 5 IMPLEMENTING PROVISIONS  

§ 27.  Grant of supplementary support

 (1) In addition to the persons complying with the conditions provided for in subsection 12 (1) of this Act, persons who are citizens of Estonia and have won the Olympic Games in Olympic sports provided for in the Olympic Charter before 1988, representing the Soviet Union, also have the right to receive support on the basis of age. The list of the specified persons shall be approved by a directive of the Minister of Culture on the proposal of the Estonian Olympic Committee. Support shall be applied for and paid pursuant to the procedure provided for in this Act.

 (2) If partial or no work ability is established in the case of persons specified in subsection (1) of this section pursuant to the procedure provided for in the Work Ability Allowance Act, these persons have the right to apply for support on the conditions and pursuant to the procedure provided for in this Act.
[RT I, 13.12.2014, 1 - entry into force 01.07.2016 (entry into force amended - RT I, 17.12.2015, 1)]

 (3) The state support for winner of the Olympic Games shall be granted to a person regarding whom the right to receive the state support for winner of the Olympic Games arises on 1 January 2005 according to subsections (1) or (2) of this section retroactively as of 1 January 2005 if the person has submitted the application and the necessary documents not later than by 1 November 2005.

 (4) The rate of support for winners of the Olympic Games in 2005 is 10,000 kroons per month.

§ 271.  Payment of support granted earlier

  Support granted before 1 February 2009 shall be paid pursuant to the procedure provided for in § 19 of this Act since 1 February 2009.
[RT I 2008, 48, 264 – entry into force 01.02.2009]

§ 272.  Application for and grant of support based on permanent loss of work ability

  A person who has won the Olympic Games and whose permanent incapacity for work has been established before 1 January 2017 pursuant to the procedure provided for in the State Pension Insurance Act, has the right to apply for and be granted support based on the wording of this Act in force until 1 January 2016.
[RT I, 17.12.2014, 1 - entry into force 01.07.2016]

§ 28. – § 32. [Omitted from this text.]

§ 33.  Entry into force of Act

 (1) This Act enters into force on 1 January 2006.

 (2) Sections 12-19 and 27 enter into force pursuant to the general procedure.

 (3) Subsection 6 (2) of this Act enters into force on 1 September 2006.

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