Regulation and Practice of the Therapeutic Use of the Prohibited Substances or Prohibited Methods in Sports by Athletes

Today Therapeutic Use Exemption (TUE) has become a widespread phenomenon in many countries around the world. Permission for Therapeutic Use allows sportsmen to use doping legally, while the samples of such athletes are considered clear, which cannot be a rule of a fair game. According to the author of the dissertation, studying of Therapeutic Use of prohibited means and methods in sports is one of the important aspects of international sports’ movement development. The aim of the research is to study TUE regulations and develop proposals to improve this area. The author has analyzed the system of international standards, standards of national law in different countries, including Russian Federation, as well as norms and rules adopted by national and international organizations in the field of sport. The objectives of the study are: to analyze the feasibility of TUE, to identify abuses and violations in terms of obtaining permits for therapeutic use and to develop proposals to improve this area. This study represents the first complex work on research of the therapeutic use of prohibited means and methods in sports, including cases of referring athletes to the considering sphere in the world, existing at the period of writing this work. The dissertation formulates the necessary ways to reform TUE in professional sport, in terms of its limitation, increasing transparency, control and responsibility in this area, which is a factor in improving the anti-doping system in the world. The main outcome of the research is the development of recommendations for World Anti-Doping Code changes. At the same time, the author proposes a draft of amendments to the current Russian national Labor Code.