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DOI: 10.24412/2224-9125-2022-8-148-151 YANISHEVKAYA Yana Andreevna,
NIION: 2022-0079-8/22-095 Russian Football Union,
MOSURED: 77/27-025-2022-08-095 chief specialist for interaction with international
organizations of the protocol department, e-mail: mail@law-books.ru
THE WORLD ANTI-DOPING CODE AS THE LEGAL BASIS FOR COUNTERING DOPING IN SPORTS
Annotation. Relevance. The relevance of the study is determined, first, by the ongoing scientific discussions and the lack of consensus on the nature and role of the World Anti-Doping Code as the legal basis for countering doping in modern sports and, second, by the determination of problems and justification of their solutions in terms of improving the effectiveness of countering doping in sports. Purpose. The purpose of the article is to develop a functional and legal approach that defines the place, goals and objectives of the World Anti-Doping Code as the legal basis for countering doping in sports. Methods. The leading method of investigating the problem was the deductive method, which allowed studying the nature of the World Anti-Doping Code. The leading method used to solve the problem is associated with the study of the legal basis for the implementation of the main provisions of the World Anti-Doping Code. Results. The article proves the theoretical unsolvability of the problem of determining measures to counter doping in sports. The practical significance of the results is related to the fact that anti-doping policies need to shift their focus from punitive measures to prevention. The problem cannot be solved until institutions for the training of young athletes introduce classes concerning sports behavior ethics into compulsory training and educational programs for athletes.
Key words: doping, sport, World Anti-Doping Code, athlete, physical activity, competitions.
1. Introduction
Modern sport constantly requires the athlete to make new physical efforts at the level of the ultimate functioning of body systems providing muscle activity when the body's reserves are already exhausted. In this case, a protective reaction of the body is observed - fatigue as a physiological state of the athlete's body manifested in the decrease in the performance as a result of the inability of the system to perform a specific physical activity of a given intensity. Such reaction is completely natural and serves only one purpose - rejection of stress and recovery. Speaking philosophically, the person should stop and think whether they can carry such a load.
1.1. History of the World Anti-Doping Code adoption
The World Anti-Doping Code was adopted in 2003 by the World Anti-Doping Agency (WADA) and came into force in 2004. The amended World AntiDoping Code was approved by the board of founders of the WADA on November 17, 2007. The revised World Anti-Doping Code came into force on 1 January 2009 and meets the international standards of WADA.
Today, one in five young people dies while doing sports. Analysis of 1,866 sudden deaths of US athletes from 1980 to 2006 showed the following [8]: 576 deaths of athletes were registered in the country from 1980 to 1993 and 1,290 occurred in the period from 1994 to 2006, which is 123% more. We concluded that the number of deaths of athletes in the US increases by 6% every year. The US National Registry for Sudden Death in Sports registers up to 115 cases annually. This means that in the US, a person involved in organized sports suddenly dies every three days.
The frequency of death in sports not only grows from year to year. It is also significantly superior to that in the general population. The Polish researcher M. Halawa, after analyzing 16 studies related to the problem, estimated that the risk of sudden death among athletes is 5-10 times higher than in the general population [7]. For example, the mortality of athletes in the US is 2.4 times higher than in the general population. The frequency of sudden death among young athletes is even higher, being 2-4 times higher than in peers from the control group. These facts show that modern sport has gone beyond practicality and has become unsafe as a human activity.
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2. Methods
Today, doping is considered a violation of one or more anti-doping rules established by the code of the WADA. Today, doping is widespread among athletes from different countries, not only in high achievement sports but also in amateur and even junior sports.
2.1. Drug administration
Drugs may be allowed to be used by athletes in one sport and banned for athletes of another. There are differences in the administration of different drugs at different stages of the preparatory and competitive period. Athletes are people, of course, and can get sick. In this case, there is a mandatory procedure for filling out various documents, which are then provided to the anti-doping service. WADA is developing new laboratory methods to detect more and more drugs in the blood of athletes. In principle, all this news can be found on the WADA website, as well as the websites of national anti-doping services.
2.2. Role of sports doctors
When planning performances, sports doctors must not only carefully monitor the condition of the athlete, but also check all medications taken by them. However, a banned substance may not be the main one in the drug, may be indicated in small letters or even omitted. It is necessary to be very careful about various dietary supplements. It is known that their manufacturers do not always indicate the entire composition on the label.
In any case, the responsibility for the use of doping always lies with the athlete. First of all, because it is associated with their health, good name and results. Their achievements are canceled upon disqualification and not only their latest results but also all previous victories are questioned. The prestige of the team and the country suffers.
One mustn't think that doping is harmless. The number of sudden deaths in sports inexorably increases. The reason for this is often not quite clear. Loads in high achievement sports are enormous and represent a test for the body as they are. A lot of drugs related to doping, giving a short-term result, worsen the health and results of the athlete in the long term. Doping stimulates physical performance by depleting the athlete's body reserves, damaging the function and structure of individual systems and organs, harming their health and social activity and exposing them to legal liability.
2.3. Responsibility for doping
The use of doping in modern professional sports is prohibited. As a rule, for the use of doping, athletes are punished with disqualification for various terms; results of past competitions are canceled. Permission for the therapeutic use of prohibited substances allows athletes in need of prohibited substances to use them in a particular sport for a
limited period of time. A WADA international standard has been developed to unify the process of issuing such permissions to representatives of various sports in different countries. The criteria for granting permission are as follows.
An application for permission is submitted no later than 21 days before the event. The athlete will experience a significant deterioration in health if this prohibited substance is not used in the treatment of chronic disease. Permission will not improve athletic performance other than by improving health as a result of treating a confirmed disease. A prohibited substance cannot be replaced by another drug. The use of a prohibited substance may not be the result of previous use of a prohibited substance.
2.4. Statistics
According to the 2011 statistics of WADA (www.wada-ama.org) [6], it is possible to state the fact that the use of prohibited substances and methods by athletes is revealed in almost every sport.
In recent years in various countries, a lot of work has been done in special laboratories to identify cases of doping in sport. According to the 2011 statistics of WADA, it can also be argued that anabolic steroids (3.325 positive samples) are in first place in terms of the adverse analytical results of the used prohibited substances. Stimulants are in second place; a total of 718 positive samples was identified, of which 283 cases (39.4%) are related to the use of methylhexanamine. Adverse analytical results in the analysis of the use of cannabinoids are in third place with 445 positive cases, of which 442 (99.3%) are related to the use of THC. Class S diuretics and masking agents are in fourth place with a total of 368 adverse analytical results, of which 123 (33.4%) are related to the use of furosemide.
3. Results
The analysis of the current situation indicates the need to apply, along with anti-doping educational programs (lectures, seminars, etc.), tougher sanctions against athletes, coaches, doctors and other personnel for prescribing or using prohibited drugs.
3.1. Permitted and prohibited drugs in sports
A clear line between permitted and prohibited
drugs in sports must be determined not by representatives of an anti-doping service but based on reasonable agreements between WADA and those structures of state and public organizations that are directly responsible for the training of athletes, their medical and scientific support.
3.2. Scientific knowledge
It is necessary to give athletes the proper knowledge of the scientific basis for the development and use of stimulants, placing appropriate emphasis on certain disciplines (chemistry, biochemistry,
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physiology, sports pharmacology, etc.) and to familiarize athletes with the consequences of using certain drugs.
3.3. Change in the anti-doping policy
Anti-doping policies need to shift the focus
from punitive measures to prevention. The problem cannot be solved until institutions for the training of young athletes introduce classes concerning sports behavior ethics into the compulsory training and educational programs for athletes. One must mention that the first steps in this direction were made by athletes disqualified for the use of doping themselves.
3.4. Ethics and sports
The most difficult in socio-philosophical terms is the spiritual (ethical) problem of goals and means to achieve desired sports results. It is possible to observe a possibility here - to form a hierarchy of values in the mind of an athlete and (or) a balance of orientations, in which ethical attitudes will be more important for the individual than the values of prestige and pragmatic orientation (career and material). This can be understood as a reorientation of professional goals and means of achieving them in the education of an athlete.
4. Discussion
In the modern world, the importance of victories at major international tournaments grows from year to year. As E.A. Litinskaya correctly notes, they increase national prestige in the political aspect and demonstrate the power of the state. In economic terms, countries that occupy leading positions in the international sports arena receive the right to host major international tournaments, which attracts foreign capital to the state's economy [1].
Well-known biathletes D. Yaroshenko and A. Prokunin turned to the National Anti-Doping Organization with a proposal to issue a brochure for young athletes with objective information about prohibited drugs and their real danger - physical, psychological and spiritual (ethical) [3].
According to one of the latest reports of the Russian Anti-Doping Agency [3] (RUSADA), only in 2018, 61 athletes were disqualified for using prohibited drugs, of which the largest number - 14 people - in weightlifting. Second place was shared
by athletics and powerlifting (9 people) followed by rowing (6 athletes), cycling (5 athletes), gymnastics, boxing, biathlon and judo (2 athletes each).
One athlete was disqualified in basketball, handball, sambo, synchronized swimming, Nordic combined, cross-country skiing, swimming, shooting sports, archery and sports for people with disabilities (blind) each. Seven people were suspended from the big sport for life [4, 5].
5. Conclusion
There is still a low level of knowledge of antidoping rules among athletes and coaches, which leads, among other things, to the evasion of athletes from doping control. Moreover, there is widespread connivance and disregard for the use of prohibited substances and the implementation of anti-doping rules among coaches of various professional levels and especially those training young athletes. During the investigation of violations on the part of athletes, there are elements of negligence and unintentional use of drugs as prescribed by doctors of polyclinics or as a result of self-treatment.
6. Recommendations
Article 18.2 of the World Anti-Doping Code indicates the need for an anti-doping organization to plan, implement and monitor information and educational programs. It is noted that the programs ensure that participants receive updated and accurate information at least concerning the list of prohibited substances, impact of doping on health, doping control procedures, as well as rights and obligations of athletes. The programs should also promote the spirit of sport to create an anti-doping environment.
Sports federations (associations, unions) and other interested parties engaged in the development of information and educational programs must adhere to the following logic and sequence of actions:
a) analysis of the current situation in a particular
sport;
b) annual plan of activities;
c) development and implementation of information and educational programs.
References:
[1] Litinskaya E.A. Doping v sporte: sotsialno-filosofskii aspekt // Vestnik Volgogradskogo gosudarst-vennogo universiteta. [Doping in sport: a socio-philosophical aspect // Bulletin of the Volgograd State University.] Ser. 7, Filosofiya. 2011. № 3 (15). - P. 186.
[2] Planida E.V., Vankhadlo A.A., Muzhzhukhin D.A., Lytina A.V. Formirovanie natsionalnykh antidopin-govykh programm po vidam sporta s uchetom riska primeneniya zapreshchennykh veshchestv i metodov. Metodicheskie rekomendatsii. [Formation of national anti-doping programs for sports, taking into account the risk of using prohibited substances and methods. Guidelines] - Minsk, 2012.
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[3] Platonov V.N. Doping v sporte i problemy farmakologicheskogo obespecheniya podgotovki sports-menov [Doping in sport and the problems of pharmacological support for training athletes] / V.N. Platonov, S. A. Oleinik, L.M. Gunina. - M.: Sovetskii sport [Soviet sport], 2010. - 308 s.
[4] Zakharova S.A. Doping v sporte: sredstvo ili protivostoyanie [Doping in sport: a remedy or confrontation] / S. A. Zakharova, R. G. Khanafeeva // Aktualnye problemy sportivnykh pravootnoshenii : materialy I Vseros. nauch.-prakt. konf. - Chelyabinsk : Ural. gos. un-t fiz. kultury, [Actual problems of sports legal relations: materials of the I All-Russian scientific practical conference - Chelyabinsk: Ural State University of Physical Culture] 2010. - P. 79-86
[5] Makintair A. Posle dobrodeteli: issledovaniya teorii morali [After virtue: studies of moral theory] : per. s angl. / A. Makintair. - M. ; Ekaterinburg : Akad. proekt : Delovaya kn., [Academic project: Business book.,] 2000. - P. 376.
[6] www.wada-ama.org
[7] Halawa M. Zycie codzienne z telewizorem: Z badan terenowych / Wydawnictwa Akademickie i Pro-fesjonalne, 2006.
[8] 8. Sudden Deaths in Young Competitive Athletes Analysis of 1866 Deaths in the United States, 19802006 // Circulation 119(8):1085-92 • February 2009.
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