Pitchen Gilles (lic.iur) - Partner of the Sports Law Commission of the Russian Bar Association in Switzerland, Professor of the Department of Swiss and International, Commercial and Economic Law named after V.I. Professor Peter Nobel of the University of Zurich.

1. Development and legal background of CAS

The growing importance of sports in the 1980s caused a steady increase in the number of legal disputes in the field of sports. In these circumstances, the national courts were no longer able to satisfy the rapidly growing need for the prompt and independent resolution of sports legal disputes. Difficulties have arisen in ensuring effective and prompt resolution of disputes at the international level. The desire to harmonize international judicial practice under the motto "the same games - the same rules" required the introduction of a homogeneous international legal procedure. International sports disputes had to be resolved by qualified professionals in the shortest possible time and with minimal cost.

Thus, under the auspices of the International Olympic Committee (IOK), the Court of Arbitration for Sports (known to all as CAS) was established in 1984 with its headquarters in Lausanne. The official status and independence of the CAS were recognized by the decision of the Swiss Federal Court<1>... However, the staffing and financial closeness to the International Olympic Committee was criticized, so the International Olympic Committee reorganized and founded the International Council of Arbitration for Sport (ICAS), the legal form of which is the Swiss Stiftung (foundation) headquartered in Lausanne ...

ICAS has 20 members, 12 of which are nominated by international federations. The latter nominate 4 participants representing the interests of athletes. The last 16 will nominate the remaining 4 independent entrants<2>.

The tasks of ICAS include the adoption and amendment of the bylaws and rules of the arbitral tribunal of the CAS, the election of the president and vice president, the reception of arbitrators and the financing of the CAS. CAS maintains a list of accepted arbitrators, their number is about 300 people from 90 countries. Judges are required to maintain confidentiality<3>.

In the case of Larisa Lazutina and Olga Danilova, the Swiss Federal Court unconditionally recognized the independence of CAS<4>... The path to success was open.

2. Sports law and arbitration

Arbitration is of great importance to Swiss law. To resolve international disputes in arbitration courts in Switzerland, the Swiss Federal Law on Private International Law (IPRG / FZoMCHP) is in force<5>... According to Article 191 of the Federal Law of the Federal Law on the Federal Court of Human Rights, the Swiss Federal Court is the only court of appeal and has only very limited cognitive powers (paragraph 2 of Article 77 of the Federal Court Act in conjunction with Article 190 of the Federal Law on the Federal Law). According to paragraph 2 of Art. 190 FZoMCHP the decision of the arbitration court can be challenged only in the following cases:

a) if the arbitrator or the arbitral tribunal has not been duly appointed;

b) if the arbitral tribunal erroneously recognized the dispute as subject or not subject to its jurisdiction;

c) if the arbitral tribunal ruled on issues of the dispute that were not submitted by the parties for consideration, or left the parties' request without consideration;

d) if the principle of equality of arms or the principle of due process has been violated;

e) if the decision is contrary to the principles of public order.

The Swiss federal court can overturn the decision of the arbitral tribunal, but cannot itself make a new decision on the merits of the case. Therefore, the new decision must be made by the arbitration court.<6>.

International Court of Arbitration awards can be recognized and enforced in other countries under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (NYU). 145 out of 192 member states of the United Nations have ratified the New York Convention (in Russia it entered into force on 11.22.1960).

This is the secret to the success of international arbitration in Switzerland.

3. Obligations of the Actors: Statutory and Contractual Arbitration Clauses

In accordance with the IPRG and the New York Convention (NYU), the parties may be required to resolve disputes by arbitration only if they accept the arbitration clause, and in writing<7>.

Currently, most international federations have included the CAS arbitration clause in their statutes and obliged their members to do the same. As a result, the national federations are obliged, according to the statutory procedure, to apply for the resolution of disputes with the international federations only in the CAS. An example of this is also the charter of the World Football Federation.

Arbitration can also be established by contract. CAS recommends the inclusion of standard arbitration clauses in the text of the contract, examples of such clauses can be found in Appendix 1 to the CAS Sports Arbitration Code<8>.

4. Language, location and procedure

The working languages ​​of CAS are French and English. If the parties cannot agree on a working language, the president of the court makes a decision. The parties can agree on a working language and later<9>and also choose any other language if the arbitral tribunal and its office give their consent to this<10>... Four arbitration judges have knowledge of the Russian language:

• Dermendjiev Ivaylo (Bulgaria);
• Geistlinger Michael (Austria);
• Horacek Vit (Czech Republic);
• Vrublevskis Aldons (Latvia).

However, it must be borne in mind that the conduct of a case other than in the official working languages ​​of the CAS may incur additional costs for the parties.

The place of arbitration shall always be in Lausanne (Switzerland). However, the Tribunal may order hearings elsewhere. CAS applies three types of litigation: normal procedure<11>(here the court is the first instance)<12>, the appeal procedure (in which the appeal against the decision of international organizations is considered) and the mediation procedure<13>... The IOK, International Sports Federations and National Olympic Committees (NOK), the World Anti Doping Agency (WADA) - called upon by the IOK - also have the right to request a consultation process for a legal analysis of the circumstances of the case. In this case, the arbitral tribunal may express its opinion on the matter, which in such circumstances is optional.<14>.

5.CAS ad hoc division for the Olympic Games

Disputes often arise during the Olympic Games. Such disputes should not impede the conduct of the games. In this regard, it is necessary to avoid situations in which the state court, months or even years after the games, could change or overturn the decisions of the IOK, NOK or international federations. In case of disqualification of participants, compensation for damage is not possible. Games can no longer be repeated. Therefore, an important task is to ensure that prompt and independent decisions are made in compliance with procedural principles. The ad hoc division (specially created arbitration committee) was founded in 1996 in Atlanta. His task was to conduct processes and make decisions on them within 24 hours. Participants in the Olympic Games accept the jurisdiction of this Special Arbitration Court upon signing the Olympics participation form. The introduction of Olympic arbitration was a success, ad hoc division became an integral part of the Olympic Games.

The working languages ​​of the Olympic Arbitration are English and French, and exceptions in the form of admission of other working languages ​​are not allowed in the Olympic arbitration procedure. There is a list of lawyers working in this connection free of charge. Thus, participants can go to this court without fear of high costs. The proceedings themselves are also free of charge. The details of the judicial procedure can also be found in the CAS Rules of Procedure for the Olympic Games.

6. Conclusion

Thus, the creation of the CAS was an important step for the international sports community. CAS has been able to establish itself as an independent, reliable, operational and resilient authority. Thanks to the New York Convention, CAS decisions are internationally recognized and enforced. And also it is possible to avoid the danger of lengthy and cumbersome court procedures and to allow sports law to operate freely in an international environment.

Russia still has a lot of work to do and to improve its anti-doping system. But the decision of the Court of Arbitration for Sport (CAS) in Lausanne is good news. during a trip to Rostov-on-Don, which eight days before the start of the Winter Games in Korea, fully justified 28 Russian athletes. Suspended for life from all Olympics. At the same time, the president called for refraining from euphoria and respecting Russia's opponents in this case.

The Russian Olympic Committee is already preparing an additional application to the IOC. The Russian side hopes that the decision to restore the rights of our athletes to participate in the Olympics will be made on an expedited basis. The athletes themselves count on this, who all this time did not stop preparing for the competition and believed in justice.

The first Olympic athletes from Russia are already in Pyeongchang and have already settled in the Olympic village. And the first news on Korean soil is good for our team.

“The judges of the Court of Arbitration for Sport held unanimously that the evidence provided to the IOC in this case did not carry sufficient weight in each individual case. Therefore, the evidence collected in 28 cases was found to be insufficient to establish anti-doping rule violations by these athletes,” says Mathieu Ribe, Secretary General Court of Arbitration for Sport.

Appeals from 28 athletes are upheld. This means that the list of athletes from Russia admitted to the Games may be replenished with new names.

“I knew that this would be the case, that the truth would be on our side. I hope that we will continue to win these cases so that we can go to the Olympic Games,” rejoices Olga Fatkulina, Olympic silver medalist in speed skating.

Elena Nikitina, Olympic bronze medalist in skeleton, is also from the list.

"Yes, I qualified for the Olympic Games number one and I really hope that we get there, we seem to have a chance to get there."

The athletes did not believe until the last that CAS would make a decision in favor of Russia. We are already used to continuing the courts month after month.

“I learned this news during training, so I was ready to ride until the evening because of such good news! Of course, our lawyers made an immediate request. IOC ", - shares his emotions Maxim Vylegzhanin, three-time Olympic silver medalist in cross-country skiing.

However, the IOC has already rushed to declare that automatically after the decision of the CAS, no one will be admitted to the Olympics. So athletes and coaches will have to wait for a verdict again.

Albert Demchenko, the head coach of our luge athletes, hopes to fly to Korea at least on Sunday. His charges, the leaders of our team, are already in Pyeongchang. We arrived just in time for the opening of the Olympic Village.

Direct flight Moscow - Seoul, 8 and a half hours in the sky. During this night, our athletes will have to cross 6 time zones, but they are used to coping with physical activity.

“The main thing for me is to sleep 3-4 hours after the flight,” admits Roman Repilov, a three-time winner of the World Luge Championship.

“I don’t experience any big problems. Plus, we have very competent medical personnel who help us,” says Semyon Elistratov, Olympic champion in short track speed skating.

“There are more difficulties with diurnal biorhythm disorder. The big difference in time and because of this is more difficult,” says Sofya Prosvirnova, four-time European short track champion.

“We have already completed the flight to Korea, we had a World Cup stage here last year and an international training week, and we already know what to expect from this long flight, what state we have already recorded,” explains Sergei Chudinov, senior coach of the Russian national luge team.

Due to the truncated composition of our teams, there is no medal plan this time. Many favorites of the Olympics from Russia remain in the stop-list, not involved in doping scandals, but, nevertheless, not admitted to the Games, without intelligible explanations from the IOC. So, as our athletes say, we will have to fight in Pyeongchang both for ourselves and for our teammates who have remained in Russia.

“We know our business, we go for results, for high results and we will do everything in our power,” promises Vladislav Antonov, silver medalist of the Olympic Games in luge.

"There are a lot of emotions, they mix, and I can't say anything specifically. It's sad, but we will break through, everything will be fine," Elistratov says.

Our athletes will begin their first training sessions at the facilities from next week. In the meantime - good sleep, rest and acclimatization.

It would seem that you can pack your things. The charges were dropped. Lifetime suspension - canceled. However, the International Olympic Committee still does not want to see Russian athletes at the games in Pyeongchang.

"The decision of the IOC Executive Committee of December 5, 2017 remains in force. It clearly indicates that Russian athletes can take part in the Games in Pyeongchang only at the invitation of the IOC, since the Russian Olympic Committee has been suspended. The result of the decision of the Court of Arbitration for Sport does not mean that these 28 athletes will be invited to the Games, "said Mark Adams, IOC spokesman.

What prevents this invitation from being issued is the main question. 28 athletes are clean, the arbitration admitted it unanimously. If we are only talking about the fight against doping, there can be no obstacles to admission. However, judging by the reaction of the IOC, this is a story not only about sports.

"Although there are still no grounds for non-invitation, but, nevertheless, the IOC may refuse an invitation and not send an invitation to them. Now the lawyers who have powers of attorney from the athletes are studying the issues and the possibility of challenging this decision," said Alexey Kravtsov, head of the Russian Skating Union.

The first thing the lawyers plan to do is send a formal request. If the IOC persists and responds with a non-admission decision, it will be immediately appealed. On an emergency basis. In order to still be in time for the start of the competition.

“We need to act quickly. And we will act quickly. We hope that the Arbitration will force the IOC to admit athletes to the Olympic Games. Our position is strong enough. Games of Russian athletes, from which all charges were dropped, despite the fact that athletes of other nationalities in a similar situation are allowed to play, "says Philip Burch, lawyer, representative of the interests of Russian athletes at CAS.

The Russian Olympic Committee will also work to ensure that the Russian athletes who have been acquitted by the Arbitration Court are admitted to the games.

“Of course, the IOC at all its meetings stated that they defend the interests of“ clean ”athletes. So. CAS has now confirmed that our athletes are“ clean ”and have earned the right to participate in the Olympics. Therefore, the Russian Olympic Committee will now send a letter with a proposal that they declare our athletes to participate in the Olympic Games. And we will wait for the official decision of the International Olympic Committee, "he informed the public.

The list of those who can participate in the games will be formed by the end of this day. Skeletonists Alexander Tretyakov, Elena Nikitina and Maria Orlova. Speed ​​skaters Olga Fatkulina, Alexander Rumyantsev and Artyom Kuznetsov. Sleeper Tatyana Ivanova. They all said they were ready to go to Pyeongchang. All that remains is to get an invitation.

“We all prepared and continue to prepare. And the mood is good. And today it is also such a definite, of course, a pleasant positive moment for anyone,” said Elena Vyalbe, President of the Russian Cross-Country Skiing Federation.

The moment is not just pleasant - it is fundamental. In fact, 28 athletes defended not only the right to fairness, but also their reputation. His, and most importantly, Russian sports. And they are not going to stop there.

For the International Olympic Committee, the Arbitration decision is, of course, the most inconvenient. And not only because the composition of the participants can change just a week before the start of the games. The main thing is a reputational blow: if the accusations of McLaren, Rodchenkov and Oswald are unfounded, where did the IOC look? Why did you listen? The questions are apparently too awkward to be answered. It's easier to go for a new attack. And this path, it seems, is not yet complete.

DOPING

In the eyes of Russian fans, the Supreme Court of Arbitration for Sport (CAS) in Lausanne looks like a cold, cynical judicial body, initially hostile towards Russian athletes who are accused of doping. However, on February 29, CAS fully acquitted the cyclist Alexander Kolobnev, who had proved his innocence. Sports lawyer Viktor BEREZOV, who was directly related to the Kolobnev case, told SE about why CAS acquitted a Russian athlete for the first time in its history.

KEYS TO SUCCESS

I, like you, cannot remember a doping case where the punishment of a Russian athlete for a positive test would be reduced to a warning, - said Viktor Berezov. It was he who represented the interests of the Russian Cycling Federation (FVSR) in CAS, which issued a warning to Kolobnev, after which the International Cycling Union (UCI) challenged this decision of the Russian side.

Not so many high-profile cases, in which the Russians would have been involved, went through CAS. “The Lazutina / Danilova case”, “the Chepalova case”, “the Yuryeva / Akhatova / Yaroshenko case”, “the case of seven”, where the defendants were Russian athletes, Berezov began to list, forgetting to mention only the “Kabaeva / Chashchina case”. - I represented the All-Russian Athletics Federation in the CAS. In the ARAF, the athletes were given two years, in the IAAF they demanded four. CAS judged - 2 years and 9 months. Our term turned out to be closer than that of the IAAF, but to consider that case won is slyness. Frankly speaking, we went to Lausanne with one goal: to achieve such terms of disqualification so that the athletes could compete at the London Olympics. Fortunately, we succeeded.

- Each doping case is individual. But still, what does it take to win a CAS trial?

If we speak from the point of view of a lawyer, it is very important to forget how the courts go in Russia. Because CAS has nothing to do with our court system. The activity in Lausanne of the lawyer Kucherena in the "Lazutina / Danilova case" in 2002 became a textbook. The first thing he did at the very beginning of the hearings was to challenge the entire composition of the court, including the arbitrator he had chosen. When he was denied this, the rhetoric familiar to many began - "a provocation against Russia", "a political conspiracy." But the way in which Kucherena could theoretically put pressure on the court in Russia is simply impossible in Lausanne. And as a result, the case, of course, was lost. Moreover, CAS went to a principle that was rare for itself: in the final decision, it obliged Lazutina to pay 25 thousand Swiss francs in favor of the IOC for the defiant behavior of its representative.

The CAS has adopted a much more democratic procedure for providing evidence than in Russia. We cannot, relatively speaking, simply print a text from the Internet and present it as evidence. In CAS you can. In that case, of course, when the other side does not protest.

Another feature of CAS is that everything is transparent there from the very beginning. Until a certain time, you must disclose all your evidence, disclose the names of all witnesses and outline their position and the essence of the information that they would like to convey to the court. Russian lawyers often prepare for something completely different. They write a statement of claim, and then wait for a trial, during which new evidence is pulled out of the sleeve to confuse the other side.

- CAS deliberately nullifies lawyers' pleadings?

There is debate, but within certain limits. Any lawyer who is presented with a ton of new evidence will immediately take time to prepare a response. The case is dragging on. There is no such thing in CAS. The parties arrive fully prepared for the hearing. And the CAS arbitrators themselves have the opportunity to get acquainted with the essence of the case, at least in general terms.

For almost 20 years of activity of the Supreme Sports Arbitration Court, it has considered a huge number of cases. And in one, two, five cases, you can definitely find similar moments. In general, studying the practice of CAS for a lawyer is the first key to success. For example, in the judgment in the Kolobnev case, the CAS has references to about twenty decisions made by this court earlier.

- And the rest of the keys?

It is imperative to study the practice of specific arbitrators appointed to the case. We found a couple of decisions by the chairman of the jury, Italian Luigi Fumagalli, and in our answer to the "Kolobnev case" we referred to him in the winning moments for us. I think any person is pleased when his decisions are known and referred to.

Together with Kolobnev and his lawyer Claude Ramoni, we, according to the CAS rules, chose one of the arbitrators - American Geoffrey Benz. He was one of those who decided not to disqualify Brazilian swimmer Cesar Ciela Filho, whose high-profile case to some extent set a precedent in CAS. And during the meeting, Benz asked the UCI lawyer such questions, which made it possible to understand that in the case of Kolobnev, he was not on the side of the international federation.

Finally, another key to success is fluency in English. From my own experience, I can assure you that not a single translator is fluent in legal, sports, and doping vocabulary. Therefore, coming to CAS with a translator for a lawyer means automatically lowering your chances.

At first, Russian lawyers came to CAS who did not know how to behave. The attitude of the court towards them was clearly projected on other Russian lawyers as well. When did the break in their perception take place?

It seems to me that this happened after 2004, when my immediate supervisor, Alexandra Brilliantova (head of the legal department of the ROC. - Approx. S. B.) became an arbiter of the CAS, and we began to attend meetings often. It was in 2004 that the first non-doping case won by Russia in the CAS happened. Then the International Equestrian Federation incorrectly calculated its own rating, and instead of our girl (Alexandra Karelova. - Approx. S. B.) others were admitted to the Olympics in Athens.

The day before departure to Athens, we filed an appeal, the day before the opening ceremony, it was reviewed at a meeting of the CAS temporary traveling group at the Olympic Games. The appeal was upheld, and Karelova spoke in Athens.

KOLOBNEV - A FIND FOR A LAWYER

The negative experience accumulated by sports Russia in relations with CAS has taught everyone to believe that since some international federation decides to sue a Russian athlete, then there are not many chances. So it seemed in the "Kolobnev case".

Federation federation strife. The IAAF, for example, employs highly qualified UK lawyers. And for all the time this federation has lost, it seems, only one case. The Kolobnev case is also one of the few lost for the UCI. But there are also opposite examples. The International Wrestling Federation, led by President Martinetti, regularly loses cases. Moreover, the mere intention to go to CAS can force FILA to change its own decision.

- How did Kolobnev behave from a legal point of view?

If you can imagine the ideal behavior of an athlete in such a situation, then this is the very case. I just don't know what else he could have done. Alexander perfectly understood what chances he had and how to act. He spent a lot of money (presumably from 50 to 100 thousand dollars. - Approx. S. B.), time and effort, and I am humanly glad that it paid off. He was advised a good lawyer - Swiss Claude Ramoni, who worked just fine.

Kolobnev presented the FVSR at the hearing of the anti-doping commission (Berezov is one of its members. - Approx. S. B.) all the necessary explanations and evidence. As a result, the commission had almost no doubts when it issued a warning to Alexander, although such a decision is always a huge risk for the federation. And then, reading the CAS decision, it was very pleasant to see on almost every page the phrase that the court fully agrees with the conclusions of the FVSR.

So, what explanation did Kolobnev give, who at the 2011 Tour de France was found to have the diuretic hydrochlorothiazide, which can be used as a masking agent?

In the late 1990s, Kolobnev underwent two operations on his veins. Periodically, he underwent examination by his attending physician in Nizhny Novgorod, Sergei Petrov, who prescribed treatment for the racer, including prescribing biologically active additives "Kapilar" or "Kapilarprotektor". Kolobnev used Kapilar more often. The last time the driver was with Dr. Petrov was in 2009.

In June 2011, he came to the Russian Championship in Ufa. I went to the pharmacy of the network "36.6", asked "Kapilar". He was told that in all of Ufa in "36.6" "Kapilar" is not, but there is "Kapilarprotektor". He bought it because he had previously used it.

Kolobnev took these supplements and brought them with him to the Tour de France, where he tested positive. The concentration of hydrochlorothiazide in the sample was so negligible that Kolobnev was able to obtain the opinion of the extremely authoritative doctor Roland Rivier from Lausanne. The bottom line is that at this concentration, hydrochlorothiazide has no masking effect at all.

- Anyone know how hydrochlorothiazide ended up in the supplement?

Most likely, this is just an accident. It can be assumed that particles of another preparation containing hydrochlorothiazide remained in the production vat where Kapilarprotector was prepared. The athlete does not need to prove exactly how it happened. He needs to prove how the substance got into the body, and for this he needs to know where this substance was contained. Kolobnev sent all the dietary supplements he had to England for examination. The examination took about three months, and in the end hydrochlorothiazide was found in Kapilarprotektor. The second condition for the athlete is to prove that the intake of the substance was not associated with the goal of improving athletic performance. But here it was obvious! From that moment on, Kolobnev could build his position.

In fact, the CAS quickly agreed that Kolobnev fulfilled these two conditions, and in the future, the degree of the athlete's guilt was simply determined. If we were talking about anabolic steroids or EPO, then there would be little chance of avoiding a two-year disqualification. But hydrochlorothiazide is included in the list of "special substances", where the sentence can range from 0 to 24 months.

- What was the position of the International Cycling Union?

They believed that the degree of Kolobnev's guilt was the maximum. The main reason is that he did not have the right to change the additive, although Alexander did not change, but used both "Kapilar" and "Kapilarprotektor". The UCI also, in particular, disputed that Alexander bought Kapilarprotektor in June 2011 in Ufa. But Kolobnev did not go to the pharmacy alone, but with his wife and nanny. The wife acted as a witness, CAS was absolutely normal about this. They decided not to interrogate the nanny at all.

- Who else was a witness?

Kolobnev's Katyusha teammates for July 2011 Egor Silin and Yuri Trofimov. Doctor Petrov. Roland Rivier. The court had problems with video communication, so they spoke with witnesses by phone.

- At the end of the hearings, was it already possible to draw any conclusions about the position of the court?

It's impossible. In CAS, everyone is always emphatically benevolent, but in most cases it ends badly. The confidence that we have a good position is yes. Deep down, we, including Kolobnev himself, agreed to a 3-month suspension, but the complete excuse came as a surprise to everyone.

Why did the UCI decide to go to court against Kolobnev? Were they confident that they were right or was it a purely fashion decision?

I think the image. The warning issued to Kolobnev by the FVSR became a challenge for the international union. Their position is an irreconcilable fight against doping, and it was important for them not to let things go on the brakes, but to indicate their position, and then, they say, let CAS figure it out. And further. If in the case of the "Contador case" the decision of the Spanish federation, in addition to the UCI, was also contested by the World Anti-Doping Agency (WADA), then he had no complaints about Kolobnev. Apparently, they did not want to enter into a business, the chances of winning in which looked unprofitable.

Sergey BUTOV

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News, 15:05 01.02.2018

CAS sends a signal to the IOC: experts comment on the decision of the court in Lausanne

Context

MOSCOW, 1 Feb - RAPSI, Diana Gutsul.

On Thursday, CAS fully satisfied 28 and partially satisfied 11 out of 39 complaints from Russian athletes who were banned from participating in the Olympic Games for life on suspicion of doping, the court said in a press release. The court considered each of the cases individually and fully satisfied the complaints of 28 athletes, finding the evidence collected in relation to them insufficient. At the same time, the CAS agreed with the accusations against 11 athletes, but decided to cancel the lifelong suspension and limit itself to a ban on participation in the upcoming games in Korea.

Not united by a report

Lawyer Artem Patsev, representing the interests of Russian athletes in court, believes that today's decision confirms the lack of support from the independent arbitrators of the court for the IOC's approach.

“Apparently, the arbitrators of the CAS thereby urge the IOC when making decisions to be guided by the fundamental principles of Olympism and the legal principles enshrined in the Olympic Charter. This is such a clear and powerful signal from the higher authority that a free interpretation of the charter is unacceptable. I hope the IOC's approach will change, and guys who are justified will receive an invitation to the games on an expedited basis and will be able to go there and perform, "said Patsev RAPSI.

Lawyer Svetlana Hromadska recalls that when considering complaints, the court examined evidence against each athlete, including the report of Grigory Rodchenkov (director of the Federal State Unitary Enterprise Anti-Doping Center - approx. RAPSI). “Obviously, the evidence presented by the Russian side was enough to conclude that our athletes were not involved in the accusations. Of course, this decision speaks of a positive trend. I really hope that our athletes will still have time for the games. The IOC’s decision raised questions from the outset. It is good that it is inconclusive, and there is a judicial instance that is guided by the principle of individual responsibility. Moreover, it raises the question of how trustworthy the figure of Rodchenkov is. The court is not bound only by his report and McLaren's (Richard McLaren - approx. RAPSI), I am sure that now everyone has a chance to prove their innocence, "Hromadska said.

Without guilt and punishment

Lawyer Maxim Rovinsky notes that the decision of the appellate instance has nothing to do with whether there was a system for supporting the use of doping in Russia or not. "The court considers individually each case and the evidence separately for each case, so we see that the principle of collective responsibility in the Lausanne court did not find support, this is very important. And this suggests that all athletes who were sanctioned should try to appeal to courts of sports jurisdiction. This is an example for our other athletes, appeals are not hopeless, "the expert said.

In turn, lawyer Alexei Melnikov is convinced that the whole situation with the removal of Russian athletes from participation in competitions was clearly political in nature and from the point of view of law did not initially seem sufficiently justified.

"The arguments of sports organizations sounded extremely unconvincing from the point of view of the law. It was not about individual claims, but the collective imputation of guilt to a whole group of athletes, which is unacceptable in law, since the Latin principle" no guilt - no punishment "is in effect. full acquittal, the court considered it absolutely insufficient to simply mention someone somewhere. Sorry, but this is a joke: “One thing is written on the fence, and there is firewood.” Evidence is specific documents, analyzes, or at least witness testimony. And in this case, can the testimony of one fugitive and offended official, who also organized everything himself, be considered sufficient? (Rodchenkova - approx. RAPSI) I think there are not enough of them. His testimony is of a general nature, he speaks about "all" and "many". In the case of partial satisfaction of complaints, I think that the principle of equality was violated. It turned out that Canadian or Norwegian athletes, who were once caught in the same violation, now, after the expiration of the term, will be able to participate in the games, while Russian athletes are deprived of this right for life? This is a discriminatory approach based on ethnicity, it is unacceptable. The court - it is for this and the court - to see if there is a situation when an athlete maliciously uses doping, or a situation when a substance is found in the analyzes, but the substance entered the athlete's body by accident, "Melnikov explained.

According to the expert, the decision of the court in Lausanne is legal, and therefore it can be welcomed. "This confirms that not everyone is ready to spit on the law just for the sake of the political conjuncture," concluded Melnikov.

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The decision of the Court of Arbitration for Sport (CAS) in Lausanne on the complaints of Russian athletes is a clear signal to the International Olympic Committee (IOC) about the inadmissibility of a free interpretation of the charter, experts interviewed by RAPSI believe.

15:05 01.02.2018

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The decision of the Court of Arbitration for Sport (CAS) in Lausanne on the complaints of Russian athletes is a clear signal to the International Olympic Committee (IOC) about the inadmissibility of a free interpretation of the charter, experts interviewed by RAPSI believe.