ON THE SPECIFICS OF DOPING REGULATION IN SPORT

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Pavel Hamerník

Abstract

The sports sector has been fighting doping globally by harmonized rules in The World Anti-Doping Agency’s Code by strict liability. According to the Code it is each athlete’s personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for any prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an antidoping violation. The article written for TLQ legal journal demonstrates how special regulation of doping is in the light of case of Jan Štěrba, bronze medalist of London 2012 Games. He was lucky that he escaped standard sanction of ineligibility and was punished only with reprimand for violation of Anti-Doping rules. The article at the same time presents additionally efforts of fight against doping by international cooperation among states by Council of Europe or UNESCO to enhance illustration how special doping regulation is. There is no doubt that this area of sports law will be still evolving due to many difficult and controversial aspects of it.

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