Civil and legal tools of implementing anti-doping policy in the Russian Federation

А.А. Mokhov

O.E. Kutafin Moscow State Law University, Moscow, 125993 Russia

E-mail: mokhov_alexander@rambler.ru

Received January 20, 2017

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Abstract

The rapid development of sports and negative effects in it poses a number of new challenges for the legislator. These challenges need solution as soon as possible. Doping and full respect for the anti-doping rules by the obligated subjects in the sphere of sports is one of the most acute problems in the Russian sports. Thus, Russia has pressed ahead with development and further implementation of the national anti-doping policy.

The paper aims at analyzing the main problems of anti-doping policy in modern Russia; identifying possible civil and legal tools of implementing anti-doping policy in Russia, which, along with the administrative and (or) criminal ones, meet the goals and objectives of the policy for elimination of doping in sports and favor the development of intolerant attitude towards violators of the anti-doping rules.

The following methods have been used in accordance with the set purpose and tasks: abstraction, dialectics, analysis, synthesis, and deduction.

To date, little attention has been paid by the legislator to civil and legal tools that may be involved in the implementation of anti-doping policy in Russia. The law on physical education and sports provides a possibility for the use of separate civil and legal means in this sphere of activity, but they are not yet focused on doping prevention and combating in sports.

The current Russian law on physical education and sports does not contain special civil and legal regulations, by which it would be possible to implement the anti-doping policy in Russia. The significant potential of civil and legal tools (agreements, measures of property responsibility, corporate acts) in the implementation of anti-doping policy has remained untapped. The Federal Law of the Russian Federation No. 329-FL of December 4, 2007 “On physical education and sports in the Russian Federation” needs to be supplemented: on the contracts and essential condition of compliance with anti-doping rules; on the civil and legal liability of athletes who were accused of using illegal means, drugs, and substances; on the corporate acts in sports.

The research adds to the doctrine of sports law and the current legislation. The obtained results can be used in the legislative practice for development of legal mechanisms, legal and civil tools of implementation of anti-doping policy in Russia.

Keywords: civil law, sports law, doping, anti-doping rules, anti-doping policy, measures for prevention and fighting with doping in sport, civil and legal tools

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For citation: Mokhov A.A. Civil and legal tools of implementing anti-doping policy in the Russian Federation. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 520–527. (In Russian)

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