Court Practice Analysis in Cases of Doping in Sport

Abstract

The paper is devoted to the study of the possibilities of developing conceptual approaches to create a legal definition of the concept of “sports-doping drug”. Foreign court practice is examined in order to identify legal positions that suggest ways to improve the definition of the concept of «sports doping». The author explains that in the field of preventing and eliminating the illegal use of doping in sport, the administrative potential of the current state regulation is exhaustive in the framework of the modern paradigm, it has limitations to improve the efficiency of administrative and restrictive measures. The paper describes a set of regulatory and empirical materials developed by the author to develop a theoretical framework for a homologated (for new challenges and requirements) legal definition of the term “sports doping agents”. The author gives a legal definition of this concept. The legislation of 33 foreign countries became the regulatory basis of the study. The court practice of 16 foreign countries became the empirical basis of the study. Based on the aforementioned regulatory and empirical foundations, using the methods indicated at the beginning of the paper, the author has developed an author’s conceptual and in-depth legal definition of the term “sports doping agents”, which can significantly improve state regulation in this field.