Fight Against Doping: Experience of Ukraine and European States

Abstract

The article deals with the study of the anti-doping experience of Ukraine and European countries. It considers a number of doctrinal and regulatory approaches to the understanding of doping and anti-doping rule violations and, accordingly, the importance of combating such phenomena. The article examines the provisions of international acts regulating the list of prohibited substances, doping testing, the application of sanctions for anti-doping rule violations, and formulates the conclusion on the need to improve the list of prohibited substances, which currently hinders the effectiveness of anti-doping measures. It focuses on the criminal law of Ukraine, Hungary, Estonia, Finland, Germany, Poland, Italy, and Spain, which provides for the criminal liability for doping, including its illegal production, trade, appointment, use, and forcing other persons to use it. The article describes the peculiarities of a unique approach to legal liability for doping in Austria and France, where the specified actions are regarded as fraud. The article establishes the necessity of introducing changes to Article 323 of the Criminal Code of Ukraine to improve the fight against doping in Ukraine and the expediency of harmonizing the provisions of the national legislation of Ukraine and European states with the international rules in terms of the definition of doping and the list of prohibited substances.

Whose job is it anyway? A qualitative investigation into the influence of agents, race organisers, and sponsors on the risk of doping in elite distance running

“…Certain other countries have also passed laws criminalising various types of doping related offences, with Kenya being one of them in 2016, following a stream of doping scandals among its world-class distance runners. National level legislations variably impose sanctions on athletes for use (typically under fraud and not controlled substance laws), or on anyone in the athlete's environment for the production and trafficking of doping substances, or the abetting, COMMERCIAL STAKEHOLDERS AND ANTI-DOPING 4 conspiring, or covering up of doping (Murphy, 2013;Reznik et al, 2020). Notably, making the doping of athletes a criminal offence is not universally supported in the anti-doping community (Cordeo, 2022;Kornbeck & Kayser, 2018) or by the World Anti-Doping Agency (WADA).…”

Participation of Ukraine in International Cooperation against Corruption

“…In order to comply with the requirements of this Convention, the Law of Ukraine On Prevention of the Impact of Corruption Offenses on the Results of Official Sports Competitions was adopted in Ukraine, thus providing for administrative liability for violating the prohibition of placing sports bets related to manipulation of official sports competitions (Article 172-9-1 of the Code of Ukraine on Administrative Offenses) and criminal liability for unlawful influence on the results of official sports competitions (Article 369-3 of the Criminal Code of Ukraine). An important aspect of the elimination of corruption in the field of sports should be the updating of anti-doping legislation (Reznik, Muzychuk, Andriichenko, Yakushchenko & Korzh, 2020).…”

Mechanism of State Economic Security Management in the Direction of Intellectual Property Rights Protection: Cases of Selected Industries

“…In our opinion, carrying out the intellectual property protection reform according to the mentioned security direction is not a coincidence. Indeed, the intellectualization of economy has a significant impact on the economic security of a particular country, which ultimately affects the position of the state in the global space (Reznik et al, 2020).…”