Kutafin University Law Review

(KULawR)

academic peer-reviewed law journal


In issue 1 on 2017 year

DOPING AND HEALTH IN SPORT: CONCEPT AND ESSENCE

DOI: 10.17803/2313-5395.2017.1.7.040-049

Author: Alexander A. Mokhov, Viktor V. Blazheev, Olga A. Shevchenko

Rubric: RIGHT TO HEALTH AND SUSTAINABLE DEVELOPMENT

Annotation: The paper investigates the basic approaches to the understanding of doping as a category. The authors clarify the concept of doping based on the proposed criteria. To qualify agents, substances, methods, etc. as doping in the prescribed manner, two criteria are needed and are sufficient: a target criterion (athletic performance improvement) and a social criterion (conflict with the principles and the spirit of sport). Such criteria allow competent authorities and persons (experts) to decide in the prescribed manner whether to include or not a certain agent, substance, etc. into the relevant Restrictive List. A legal criterion (availability of an agent, substance, or method in the list of prohibited ones) is formal. It is crucial for the sports and law enforcement practice but not for the expert one.


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Keywords: Sport; doping; drug products; criteria for classifying substances, products, and methods as doping; substances, products, and methods potentially harmful for athletes; anti-doping rules

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