Theoretical aspects of anti doping rules in international and national regulation

  • Aleksander V. Chebotarev National Research University Higher School of Economics, 20, ul. Myasnitskaya, Moscow, 101000, Russian Federation

Abstract

Тhe article considers the theoretical aspects of the anti-doping rules, compares the rules of the international doping regulation and the Russian doping regulation. The author notes that the topic of doping is rational in the legal bearing for Russian sport, and provides data on some of the prohibitions on domestic athletes to perform in international competitions. The research raises the question of the imperfection of anti-doping rules that define the concept of doping, standards of evidence. In order to study this question for certain, the facts about the earliest cases of the use of stimulant drugs are investigated, even when the question of their prohibition has not yet been raised. The article discusses the initial stages and forms of the penetration of doping into the sports and examine the first acts of international organizations on the restriction of certain substances to use in sport. As a result of the analysis of the rules contained in the anti-doping rules, the author comes to the conclusion that, for the moment, the definition of doping, which is contained in these norms, is not complete in content and thus the author offers his own version of the term of doping. The article considers the norms established by the anti-doping rules on the rights of athletes and the procedure for forming a list of substances prohibited for use in sports. Separately, the author makes an analysis of the possibility of obtaining permission for the therapeutic use of doping, and the author gives examples of abuse of this institution of anti-doping law. In support of this conclusion, the words of famous foreign athletes are quoted, which directly indicate that, being active athletes and performing for the national teams of their country, they often received permission to use doping as simulating a disease. In addition, the article analyzes some cases from the practice of considering doping disputes with Russian athletes participating in the Olympic Games, examines their position in the International Sports Arbitration in Lausanne. Particular attention is paid to the rules of the WADA Code on the rights of athletes held liable for violation of anti-doping rules and there is a tendency to reduce such rights in comparison with the previous version of the said act. For instance, the author deeply clarify the athlete’s right to be represented by a lawyer in court and the right to receive copies of documents for examining a sample. Based on the results of the research, the author concludes on the necessity to expand the list of athlete’s rights in order to exercise their right to rights protection, as well as and it is proposed to amend some doping regulations.

Keywords:

World Anti-doping Agency, doping, doping control, anti-doping rules, athlete, disqualification, therapeutic use, prohibited list, athlete’s sample

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References

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Published
2020-01-21
How to Cite
Chebotarev, A. V. (2020). Theoretical aspects of anti doping rules in international and national regulation . Pravovedenie, 62(4), 765-778. https://doi.org/10.21638/spbu25.2018.411
Section
Articles