On Some Discrepancies Between International and National Legal Regulation in the Sports Sphere

The purpose of the work is to study some domestic acts of protection of relations in the field of sports in Russia and abroad and to establish contradictions between the national and international approaches to issues of combating the spread of doping. The article contains some decisions of the Court of Arbitration for Sport (CAS) in cases of violations of anti-doping rules by athletes are critically assessed due to the lack of the principle of adversarial proceedings, which negatively affects the equality of participants in sports competitions. The author also draws attention to the legal gap in the regulations of the Russian Federation on combating the spread of doping. It is established that the legislator has provided a list of substances and (or) methods prohibited for use in sports for human athletes, but has not formed or fixed a similar list in regulatory documents for animals. The facts of disqualification of compatriots from international starts show that it is impossible to recognize a comprehensive approach to the adoption of administrative and criminal-legal prohibitions to solve the tasks set to achieve leadership of Russian athletes in the international sports arena. The author proposes to scrupulously study the experience of foreign countries (France, USA) for further implementation: falsification of the result of a sports competition of people or animals is recognized as the use of prohibited drugs that improve athletic ability, from the official list of such for people, animals. The act is classified as a criminal offense.

Authors

Publication Details

Journal
Sport economics law management
Published
2024-11-07
DOI
https://doi.org/10.18572/2070-2175-2024-4-13-16
Primary Topic
Doping in Sports
Type
article
Field-Weighted Citation Impact
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article

On Some Discrepancies Between International and National Legal Regulation in the Sports Sphere

А.В. Анцыгин
Sport economics law management
Doping in Sports
article

On Some Discrepancies Between International and National Legal Regulation in the Sports Sphere

А.В. Анцыгин
article en

Abstract

The purpose of the work is to study some domestic acts of protection of relations in the field of sports in Russia and abroad and to establish contradictions between the national and international approaches to issues of combating the spread of doping. The article contains some decisions of the Court of Arbitration for Sport (CAS) in cases of violations of anti-doping rules by athletes are critically assessed due to the lack of the principle of adversarial proceedings, which negatively affects the equality of participants in sports competitions. The author also draws attention to the legal gap in the regulations of the Russian Federation on combating the spread of doping. It is established that the legislator has provided a list of substances and (or) methods prohibited for use in sports for human athletes, but has not formed or fixed a similar list in regulatory documents for animals. The facts of disqualification of compatriots from international starts show that it is impossible to recognize a comprehensive approach to the adoption of administrative and criminal-legal prohibitions to solve the tasks set to achieve leadership of Russian athletes in the international sports arena. The author proposes to scrupulously study the experience of foreign countries (France, USA) for further implementation: falsification of the result of a sports competition of people or animals is recognized as the use of prohibited drugs that improve athletic ability, from the official list of such for people, animals. The act is classified as a criminal offense.

Sport economics law management
Openalex Percentile: Top 52%
Doping in Sports
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On Some Discrepancies Between International and National Legal Regulation in the Sports Sphere — А.В. Анцыгин · Sport economics law management (2024) | TGRS Research Map | TGRS