Liability under Anti-Doping Law in Public Law Domain

Abstract

In Poland, the Act of April 21, 2017 on Combating Doping in Sport is in force. The new law raises new questions. One of the questions is whether, the combating doping in sport belongs to private law or public law. The dualistic division of law itself is problematic. The legal regulation of doping has undergone a process similar to criminal law, i.e. from private law to public law. A breakthrough in combating doping was the establishment of the World Anti-Doping Agency (WADA) in 1999.The new Polish act followed this path. The Act on Combating Doping in Sport provided the legal basis for the existence of the Polish Anti-Doping Agency (POLADA), as a state legal entity. POLADA is therefore a body governed by public law, which establishes anti-doping rules, controls and oversees compliance, authorises the use of prohibited substances or methods, and conducts disciplinary action for violation of anti-doping rules.