The Procedure for Holding Accountable for Violation of Anti-doping Legislation

The relevance of the topic of the final qualification work is due to the fact that the use of prohibited drugs and the fight against them is one of the main and acute problems of Russian and world sports. In this regard, the development of a legal mechanism to counteract these negative phenomena, as well as the improvement of the evidence system in order to protect the rights of athletes and coaches, is of particular relevance. The question of the specifics of legal responsibility in the field of sports in their works was considered by such authors as Alekseev S. V., Buyanova M. O., Prokopets M. A., Chebotarev A.V., Yurlov S. A. and others. However, the legal analysis of the practice of bringing to justice for violations of anti-doping legislation and the ways to resolve the situation in which Russian athletes currently find themselves are not sufficiently studied in the doctrine of Russian law. In addition, the practice of protecting the rights of athletes and coaches in terms of appealing decisions to bring them to legal responsibility is not sufficiently developed. The object of the final qualification work is public relations arising as a result of violations of anti-doping legislation. The subject of the study is the procedure for bringing to justice for violations of anti-doping legislation. The purpose of the final qualification work is a comprehensive study of the procedure for bringing to justice for violations of anti-doping legislation, identifying problems of protecting the rights of athletes and coaches, and formulating proposals for improving the current legal regulation in the field of combating doping. To achieve the goal of the work, the following tasks are expected to be solved: 1. Describe the concept, features and content of legal liability; 2. To consider the types of legal liability in the Russian legislation both in the general theory of law and in the theory of sports law; 3. Analyze the norms of international and national legislation in the field of legal regulation of bringing to legal responsibility for violations of anti-doping legislation; 4. Propose current directions for improving the protection of the rights of Russian athletes and coaches in the international sports arena. When conducting the research, we used general scientific methods: induction, deduction, analysis, synthesis, as well as special methods of legal research: formal-legal and comparative-legal methods. The normative basis of the study is presented by the following legal acts: The Constitution of the Russian Federation, the WADA Code, international anti-doping standards, the All-Russian Anti-Doping Rules and other international and national regulations governing the fight against doping in sports. The theoretical basis of the study is the achievements of specialists in Russian civil and sports law: S. V. Alekseev, E. S. Krylova, A.V. Chebotarev and other authors. In addition, the study was based on a report by Canadian law Professor R. McLaren. The empirical base of the study consists of the CAS/TAS practice in the field of anti-doping policy. Based on the results of the study, proposals were formulated aimed at improving and developing international and national legislation. Thus, it is proposed to amend the legislative definition of the concept of doping, to include the principle of the presumption of innocence in the WADA Code and the All-Russian Anti-Doping Rules in order to improve the standards of proof and consolidate the rights of athletes to protection, as well as to revise the concepts of the world anti-doping policy in terms of issuing permits for therapeutic use and organizing independent control over the activities of anti-doping organizations around the world. The resolution of these issues will accelerate the development of the world anti-doping policy, increase the effectiveness of the fight against doping in sports, and prevent violations of the rights of "clean" athletes in the process of doping control.