Аnti-Doping Legislation

The reason for writing this master's thesis was the most important issue regarding the difficulties of enforcing anti-doping legislation both at the international and national levels. The aim of this work was a comprehensive study of the legislative mechanisms for regulating anti-doping standards, establishing the specifics of the applicable measures of responsibility for their violation, identifying the shortcomings of the existing state-legal system to combat doping, as well as developing proposals for improving legislation in this area. Based on the purpose of the master's thesis, the following tasks were identified: • analyze the main sources of anti-doping legislation at the international level and the level of the Russian Federation, identify their features and purpose in the regulatory system for the use of doping; • determine the grounds for liability for violation of anti-doping rules in accordance with the WADA Code; • to investigate liability measures applicable to violators of the requirements of the anti-doping legislation, established in accordance with the Labor Code of the Russian Federation, the Code of Administrative Violations of the Russian Federation, and the Criminal Code of the Russian Federation; • identify the main legal problems of anti-doping regulation in the world and suggest ways to address them; • assess the current state of legal mechanisms introduced to counter the use of doping; • propose measures to improve anti-doping legislation in the Russian Federation. The goals and objectives of this dissertation determined its division into three main parts. The first chapter provides a complete description of the sources of international and national legislation in the field of the fight against doping, determining their features and significance in the regulation of relevant public relations. Law sources such as the International Convention against Doping in Sport were analyzed; Convention Against the Use of Doping; provisions of the World Anti-Doping Code and international standards adopted in accordance with them; Federal Law of 04.12.2007 No. 329-ФЗ “On Physical Culture and Sport in the Russian Federation”; Order of the Ministry of Sports of Russia dated 09.09.2016, No. 947 “On Approving the All-Russian Anti-Doping Rules” and others. The second chapter is devoted to the grounds for occurrence and the features of liability for violation of the anti-doping rules of the Russian Federation. An assessment was made of the measures of labor, material, administrative and criminal liability that apply for violation of anti-doping legislation. In this context, proposals have been made to adjust certain provisions of the Labor Code of the Russian Federation and the All-Russian Anti-Doping Rules. The third chapter is devoted to the main legal problems of international legislation in the field of doping. Possible ways to improve national legislation were also examined, in particular, proposals were made to develop a federal law “On the Anti-Doping System in the Russian Federation” and to specify the subject composition in Art. 230.2 of the Criminal Code.