Liability for Violation of Anti-doping Rules in Russia: Issues and Prospects

Abstract

Since 2014 the issue of legal liability for violation of anti-doping rules had been throwninto sharp relief in Russia, when reports of the Canadian lawyer Richard MacLaren werepublished, which covered the cases of using manipulations with samples of Russianathletes. The consequences that nowadays manifest themselves in the Russian sportscommunity are off to be comprehended, and the negative impact they have had on theresults of our state’s domestic and foreign policy will only have an effect after a few decades.The exclusion of national teams from participation in international competitions, the massdisqualification of high-class athletes, the ban on holding of international competitionsin Russia is not a complete list of measures applied to the Russia by international sportsorganizations. The state is trying to level out the situation and one of the anti-crisis areasof focus is the revision of the anti-doping national doctrine and changes of the Russianlegislation aimed at upgrading of liability not only for the use of doping in sports, but alsofor encouraging such use, distribution of prohibited drugs among athletes and coaches.By virtue of these circumstances, the issue of the legal liability of athletes, coaches andother persons for violating of anti-doping rules appears to be particularly relevant. Forresolution of the above-mentioned problems, firstly, it is necessary to determine the typesof legal liability for doping, to determine the subjects of such liability, to investigate thetypes and conditions of the application of sanctions for such violations, as well as theestablished rules for appealing punishing court rulings. Notable in this matter is the factthat the anti-doping program has an international background and the main acts thatregulate the researched group of public relations are international acts (conventionsand codes) that take precedence over Russian legal acts, due to the ratification of thespecified international conventions by our state. The analysis will identify gaps in thedoping legislation and determine the prospects and directions for its development andimprovement. In process of research scholar methods were implemented: historical,system-structural, logical and dialectical (general scholar methods), as well as formallegal, comparative, legal dogmatic and other special methods. At the end of the article itis proposed changes to the Russian legislation
For citation: Chebotarev A.V. (2019) The Liability for Violating Anti-Doping Rules in Russia: Issues and Prospects. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 76–97 (in Russian) DOI: 10.17-323/2072-8166.2019.3.76.97