Herald of Civil Procedure
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INSTITUTION OF APPEAL OF THE DECISIONS OF THE RUSSIAN COURT OF ARBITRATION FOR DOPING DISPUTES TO THE COURT OF ARBITRATION FOR SPORT (CAS): PROCEDURAL PROBLEMS AND PROSPECTS

JUDICIAL AUTHORITY AND PRACTICE


A.V. CHEBOTAREV, Ya.N. RZHEPIK

A.V. CHEBOTAREV,
Candidate of Legal Sciences, Associate Professor,
Department of Law Theory and Interdisciplinary Disciplines,
National Research University Higher School of Economics, Expert,
Institute of Sports Management and Law of the GSOM, Lawyer

Ya.N. RZHEPIK,
Master’s Student, Lawyer in Sports Program,
National Research University Higher School of Economics

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.

Keywords: World Anti-Doping Code; doping; appeals; Court of Arbitration for Sport;
doping control; WADA; RUSADA.

References

Bezuglov E.N., Achkasov E.E. (eds.). Osnovy antidopingovogo obespecheniia sporta:
uchebnoe posobie [Fundamentals of Anti-Doping Sports: Study Guide]. Moscow: Sport,
2020. 287 p. (In Russ.)
Chebotarev A.V. Zashchita prav sportsmenov v delakh o dopinge: protsessual’nyi aspekt
[Protecting the Rights of Athletes in Doping Cases: Procedural Aspect]. Vestnik grazhdanskogo
protsessa – Herald of Civil Procedure, 2019, no. 6, pp. 208–227. (In Russ.)
Lunaeva T.A., Skvortsov O.Iu., Savranskii M.Iu., Sevastianov G.V. (eds.). Mezhdunarodnyi
kommercheskii arbitrazh: uchebnik [International Commercial Arbitration: Textbook].
2nd ed. St. Petersburg: Editorial office of the magazine “Arbitration Court”; Moscow:
Statut, 2018. Issue 9. 965 p. (In Russ.)
Star S., Kelly S. A Level Playing Field in Anti-Doping Disputes? The Need to Scrutinize
Procedural Fairness at First Instance Hearings. International Sports Law Journal,
2021, vol. 21, pp. 94–117.

Information about the author

A.V. Chebotarev (Moscow, Russia) – Candidate of Legal Sciences, Associate Professor,
Department of Law Theory and Interdisciplinary Disciplines, National Research
University Higher School of Economics, Expert, Institute of Sports Management and
Law of the GSOM, Lawyer (17, Bldg. 2 Belovezhskaia St., Moscow, 121353, Russia;
e-mail: achebotarev@hse.ru).

Ya.N. Rzhepik (Moscow, Russia) – Master’s Student, Lawyer in Sports Program,
National Research University Higher School of Economics (17, Bldg. 2 Belovezhskaia
St., Moscow, 121353, Russia; e-mail: yaroslav.rzhepik@yandex.ru).

Recommended citation

Chebotarev A.V., Rzhepik Ya.N. Institut apelliatsionnogo obzhalovaniia reshenii
rossiiskogo treteiskogo organa po dopingovym sporam v Mezhdunarodnyi sportivnyi sud
(KAS): protsessual’nye problemy i perspektivy [Institution of Appeal of the Decisions
of the Russian Court of Arbitration for Doping Disputes to the Court of Arbitration
for Sport (CAS): Procedural Problems and Prospects]. Vestnik grazhdanskogo protsessa
– Herald of Civil Procedure, 2021, vol. 11, no. 4, pp. 299–316. (In Russ.) https://doi.
org/10.24031/2226-0781-2021-11-4-299-316

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