TY - JOUR

T1 - Criminal liability for using doping in sport

T2 - German experience — an example for Russia?

AU - Putzke, Holm

AU - Tarbagaev, Aleksey N.

AU - Nazarov, Аleksandr D.

AU - Maiorova, Ludmila V.

N1 - Publisher Copyright: © 2019, Baikal National University of Economics and Law. All rights reserved.

PY - 2019

Y1 - 2019

N2 - The use of doping in sport is quite widespread at present. Primarily, it concerns professional and high level sport, where the best performance results in high income and profitable endorsement deals. It creates a temptation to improve the natural sport achievements through the use of doping. The public danger of such actions is evident: Doping not only poses a threat for the athlete’s health, it also, from the viewpoint of justice, infringes on the interests of those athletes who, out of principle, never use prohibited substances and (or) methods to improve their performance in sports. Besides, such actions considerably reduce the educational effect of sport, including the declared honesty and fairness of competition. Finally, the use of doping misleads fans, spectators and sponsors of sports competitions. The authors analyze German criminal anti-doping legislation and assess the possibilities of using some of its clauses to improve Russian criminal law norms that provide for criminal liability in the cases of doping-related crimes. They show if it is possible to use the athletes’ laboratory doping tests, probes, etc. as well as the official decisions of international, national disciplinary bodies and sport courts in criminal proceedings in connection with the well-known principle of nemo tenetur («nobody is bound to incriminate himself» — equivalent to the clause of Art. 51 of the Constitution of the Russian Federation) while taking into account the prejudice principles of Russia and Germany.

AB - The use of doping in sport is quite widespread at present. Primarily, it concerns professional and high level sport, where the best performance results in high income and profitable endorsement deals. It creates a temptation to improve the natural sport achievements through the use of doping. The public danger of such actions is evident: Doping not only poses a threat for the athlete’s health, it also, from the viewpoint of justice, infringes on the interests of those athletes who, out of principle, never use prohibited substances and (or) methods to improve their performance in sports. Besides, such actions considerably reduce the educational effect of sport, including the declared honesty and fairness of competition. Finally, the use of doping misleads fans, spectators and sponsors of sports competitions. The authors analyze German criminal anti-doping legislation and assess the possibilities of using some of its clauses to improve Russian criminal law norms that provide for criminal liability in the cases of doping-related crimes. They show if it is possible to use the athletes’ laboratory doping tests, probes, etc. as well as the official decisions of international, national disciplinary bodies and sport courts in criminal proceedings in connection with the well-known principle of nemo tenetur («nobody is bound to incriminate himself» — equivalent to the clause of Art. 51 of the Constitution of the Russian Federation) while taking into account the prejudice principles of Russia and Germany.

KW - Anti-doping law

KW - Criminal prosecution for violating anti-doping legislation

KW - Doping

KW - Substances and methods prohibited for athletes

UR - http://www.scopus.com/inward/record.url?scp=85075142004&partnerID=8YFLogxK

U2 - 10.17150/2500-4255.2019.13(5).856-867

DO - 10.17150/2500-4255.2019.13(5).856-867

M3 - Article

AN - SCOPUS:85075142004

VL - 13

SP - 856

EP - 867

JO - Criminology Journal of Baikal National University of Economics and Law

JF - Criminology Journal of Baikal National University of Economics and Law

SN - 2500-4255

IS - 5

ER -