By Sergey Yurlov
The article is devoted to the consideration of legal issues that arise within doping rules violations. The author examines whether a national swimming federation may be suspended for a definite period for a certain quantity of doping offenses committed by its sportsmen.
Legal issues connected with the national swimming federation’s suspension have become topical after the disqualification of several Russian swimmers for doping rules violations. As of June 9, 2014 one Russian swimmer — Julia Efimova[4] — has been suspended for 16 months (till February 28, 2015) upon a FINA Doping Panel’s decision dated May 12, 2014, while two other Russian swimmers — Vitaliy Melnikov and Sergey Makov — have tested positive to the different substances and been provisionally suspended until their case can be heard before the FINA Doping Panel. Their suspension periods started on April 1, 2014 and January 20, 2014, respectively. Makov and Melnilov are waiting for a FINA Doping Panel hearing. Another Russian swimmer — Olga Klyuchnikova — has been banned on the national level by Russian doping authorities. For the foregoing reasons, Russia is at risk of being suspended from international swimming competitions.
According to Art.C12 of the Federation Internationale de Natation (hereinafter — “FINA”) Constitution[5] any member may be sanctioned in case of violation of the FINA Rules. The FINA Constitution imposes the following sanctions:
warning;
fine;
suspension; and
expulsion.
In accordance with the Art.DC 12 of FINA Doping Control Rules (hereinafter — “Rules”) 2013-2017 if four or more anti-doping rule violations are committed by sportsmen in the same discipline affiliated to the same member federation within a period of 12 months from the first offence and sanctioned according to FINA Doping Control Rules, the member federation shall be suspended in that discipline for 24 months. The Rules stipulate that a doping offence being under the jurisdiction of and reported to FINA by a member federation (national federation, for example, Russian swimming federation) shall not be included under this rule. Thus, if a sportsman commits a doping violation participating in national sport events and subjected to liability by the national body such cases shall not be included in four violations i.e., they do not count.
The question is – how to prevent further doping rules violations and how to avoid federation’s suspension? What things should be done by Russian Swimming Management[6] (hereinafter — “RSM”)?
It appears that RSM should take the following measures:
enacting of internal anti-doping policy;
enacting the guidelines for nutrition use;
conducting a wide range of events on anti-doping issues — scientific and practical conferences, webinars, presentations, anti-doping schools, etc.;
procuring and conducting of more careful internal doping control;
upgrading liability for doping violations — “private and general prevention”;
conducting open hearings in Doping Bodies.
The Russian Swimming Federation should adopt its own internal anti-doping policy, where each sportsman is obliged to not use inhibited substances. More importantly, the policy should prescribe that each sportsman may use the recommended sport nutrition only (for example, L-Carnitin, isotonics, BCAA recommended by the coach or medical staff). Thus, a sportsman shall have the right to use secured sport nutrition. Our understanding is that each sportsman shall notify his or her coach of the sport nutrition he uses. This circumstance plays a critical part, because recent doping cases show that sportsmen take sport nutrition without prior notification. Such provisions (prior coach/medical staff notification) will protect sportsmen from doping violations.
In addition, Russian Swimming Federation should conduct different events on anti-doping issues — conferences, talks, conversations, etc. Sportsmen should be provided with comprehensive information regarding doping issues i.e., information about the concept “doping”, what are the doping violations and how to prevent them. RSM officials and medical staff should show that doping is bad for sportsman’s body and that it brings significant side effects. Swimming coaches should be engaged in special lectures devoted to doping issues.
The Russian Anti-Doping Agency (hereinafter — “RUSADA”) should consider amending internal Russian legal provisions related to liability for doping violations. Sanctions should make a doping offense unprofitable. It is thought that the main purpose of RUSADA is preventing doping rules violations (doping control, whereabouts requirements, etc.) and imposing sanctions (implementation of Anti-doping Code, conducting of hearings) if such violations are committed.
Russian Swimming Federation’s Anti-Doping Committee should control its athletes using different legal instruments that are described above. Our understanding is that one of the most important aspects of this work is procurement of the “sportsmen equity” principle, i.e., training and competitions without inhibited substances and methods. In other words, each sport federation should take all reasonable measures in order to prevent doping offenses.
In conclusion, we can make the following deductions.
A national swimming federation may be suspended in the following circumstances:
1) swimming federation’s sportsmen (in one discipline) should commit 4 doping violations within a period of 12 months from the first offense;
2) those sportsmen should be subjected in accordance with FINA Doping Control Rules.
Russian Swimming Management should take complete control of nutrition use, concern amending internal anti-doping rules in order to create private and general prevention and should commence conducting different anti-doping events — talks, conversations, conferences, etc.
[4] Find the full text decision in respect of J.Efimova on: http://www.fina.org/H2O/docs/antidoping/reports/efimova_decision.pdf
[5] Find the full text of the FINA Constitution on: http://www.fina.org/H2O/docs/rules/FINAconstitution_20132017.pdf
[6] This means government bodies of Russian Swimming Federation
