The modern state of criminality and its statistical analysis are an integral part of any criminological research including the field of sport. Besides the main factors forming the crime rate, the data of the judicial statistics are also influenced by the so-called minor factors that are beyond the statistics. The objective of the present research is to reveal the factors influencing the formation of indicators of statistics in the field of sport. The research uses the systematic, structural and functional, comparative and historical, and formal judicial methods that allowed determining the main directions and methods of execution of criminality recording in the field of sport that is highly latent. It was determined that there were discrepancies of the normative requirements with the qualification of wrongful acts that allowed revealing the particular correlation between the changes in the criminal law and the statistical indicators. The overrating of crime detection statistics by the particular changes in parameters of crime committed shall be called additional factors influencing the reliability and objectivity of the statistics. At the same time, the statistics of crime committed in the field of sport are required for prognostic purposes, as well as for preventive purposes, as its absence contradicts the social practice. This problem is especially acute for sportsmen who due to the reasons related, for example, to the harm injured to their health and life, do not have the ability to continue their professional career. It is a systematic approach to registering crimes committed in the field of sport that allows performing the crime prevention in full that can save also the health and life of a sportsman.

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Modern society has one of its characteristics the development of the service sector. At the same time, the level of development of the sphere of performance of works and rendering of services is defined rather with prevalence, but at all with observance of necessary rules and requirements of safety. Due to the priority of the intensity of production by the performers of works and services, certain rules and safety requirements are often ignored, which in any case creates the risk of occurrence of certain negative consequences. The legal structure of the corpus delicti provided for in article 216 of the criminal code obliges the law enforcer to establish not only the fact of violation of safety rules during construction works and the fact of occurrence of socially dangerous consequences in the form of causing serious harm to human health or major damage, but also the presence of a causal relationship between these phenomena to bring the guilty person to criminal responsibility. The work is devoted to the development of evidence-based recommendations for resolving law enforcement issues related to the assessment of the causal complex in the unsafe conduct of construction works. To achieve this goal, the current criminal legislation, explanations of the Plenum of the Supreme Court of the Russian Federation, materials of judicial and investigative practice, as well as scientific works affecting the theme of the work are analyzed. The methodological basis consists of General scientific provisions of philosophy, logic and other Sciences, dialectical, formal-logical, hypothetical, linguistic methods, a special place in the study took methods such as analysis and synthesis, induction and deduction. Proposals to improve law enforcement in terms of assessing the role of causes and conditions in the legal assessment of socially dangerous acts under article 216 of the criminal code are formulated.

АннотацияЦель. Исследовать причины латентности преступности в сфере спорта, её влияние на показатели преступности. Процедура и методы. В ходе исследования использованы методы индукции, контент-анализа, сравнения, анализа и синтеза, дедуктивный метод, позволивший сформулировать некоторые общие выводы. Результаты. Исследование показало, что реальное состояние преступности в сфере спорта не отражается в официальных данных судебной статистики. Это связано как с особенностями статистического учёта преступлений, так и со спецификой сферы спорта. Отсутствие надлежащей правовой оценки и нереализация принципа неотвратимости уголовной ответственности приводят к снижению превентивного воздействия уголовного законодательства, а также к нарушению рекреационной и воспитательной функции спорта. Теоретическая и/или практическая значимость. Теоретико-прикладная направленность исследования в целом позволит повысить систему мер реагирования на преступления, совершаемые в сфере спорта.Ключевые слова: статистика, исследование преступности, латентность преступности, спортивные преступления Благодарности. Исследование выполнено в рамках гранта РФФИ № 20-011-00414 «Уголовноправовые и криминологические проблемы противодействия преступности в сфере спорта».

The article deals with issues related to the characteristics of the qualification of causing injury or death to an athlete during sports events. The article analyzes the possibility of applying the provisions of certain circumstances that exclude the criminality of the act. Take into account that the relationship between the participants of sports competitions and sports training, while relationships at the same time are not regulated by the law and sports regulations sports, and the internal rules of sports organizations, defining the organization of the training process. Therefore, the issues related to the influence of special rules regulating the procedure for conducting sports competitions and other sporting events on the features of criminal liability (in particular, guilt), both athletes and other persons who ensure the conduct of sports events, are studied specifically. It is taken into account that modern legislation and law enforcement often ignores this requirement, which, in particular, is expressed in the failure to include the facts of sports injuries in the list of crimes in the field of sports. First of all, the article analyzes the issues of criminal-legal assessment of an athlete's act in the event of injury to health or death to another athlete, given that in sports, harm is usually caused unintentionally, by negligence. Therefore, the work analyzes the risks, harm to health, as well as measures that should have been taken by the organizers of the competition to avoid causing harm, taking into account that all these issues are evaluative. The characteristic of harming an athlete while observing the rules of events by his opponent is given. The question of how the rules relating to a particular sport can exempt a person from liability for causing harm is being investigated.