ИНСТИТУТ АПЕЛЛЯЦИОННОГО ОБЖАЛОВАНИЯ РЕШЕНИЙ РОССИЙСКОГО ТРЕТЕЙСКОГО ОРГАНА ПО ДОПИНГОВЫМ СПОРАМ В МЕЖДУНАРОДНЫЙ СПОРТИВНЫЙ СУД (CAS): ПРОЦЕССУАЛЬНЫЕ ПРОБЛЕМЫ И ПЕРСПЕКТИВЫ

Abstract

The article concerns the legal problems in the procedural legislation of Russia within the consideration and appeal of cases of violation of anti-doping rules in the appellate procedure. The doping scandal that occurred with Russian athletes and a number of sports organizations and functionaries led to the hasty adoption of a number of regulations and amendments to the existing laws of Russia. One of the important aspects is the analysis of the procedure on appeal of decisions in doping cases, due to the edition of the World Anti-Doping Code and the All-Russian Anti-Doping Rules that came into force in January 2021. New in these acts is the implementation of rules on the separation of powers to appeal proceedings in the current anti-doping rules. With reference to Article 13 of the World Anti-Doping Code (WADA Code) states that appeals for international athletes (testing pool) or violations detected during international competitions are filed directly with the Court of Arbitration for Sport (CAS) in Lausanne (Switzerland). As for national athletes and other individuals (coaches, athlete support personnel), disputes with their participation are filed with the national appeal authority. In addition, sufficient attention is paid to the recognition of decisions of international authorities on doping cases and the procedure for their implementation in Russia. All the arguments made in the article are supported by examples from judicial practice, including the practice of CAS, in which these cases were considered.