Проблемы привлечения к ответственности спортсменов и тренеров за нарушение антидопинговых правил

Abstract

The authors considered the issues of holding athletes and coaches accountable for violating all-Russian anti-doping rules and (or) anti-doping rules approved by international anti-doping organizations.

The subject of the study is the types of liability provided under anti-doping rules and Russian labor and administrative legislation for the use of doping by athletes and coaches, as well as the legal nature of anti-doping rules.

The norms of the Labor Code of the Russian Federation are formulated in relation to athletes and coaches in different ways and in such a way that there is uncertainty in their interpretation as to whether the dismissal of a coach for violating anti-doping rules is a right or an obligation of the employer?

The authors concluded that termination of an employment contract on this basis is the right of the employer. In the event of a violation of anti-doping rules, the employment relationship with the coach, as well as with the athlete, can be continued.

In addition, in law enforcement practice, the question arises of what legal consequences arise in the event of disqualification or temporary suspension of an athlete and coach from work in the event of a violation of anti-doping rules?

In relation to athletes, these consequences are provided for in Parts 2 and 3 of Art. 348.5 of the Labor Code of the Russian Federation in the form of exclusion from participation in sports competitions and participation in training and other activities in preparation for sports competitions with the retention of part of earnings in the amount of not less than established by Art. 155 Labor Code of the Russian Federation. There is no similar rule for coaches.

An analysis of labor legislation allowed the authors to conclude that in such cases the coach experiences downtime, which the employer does not have to pay for, since according to Part 3 of Art. 157 of the Labor Code of the Russian Federation, downtime due to the fault of the employee is not paid.

At the same time, if a coach participates in any special anti-doping educational or rehabilitation programs (the only type of activity that he is allowed to do during a suspension or disqualification), then payment can be made in the same manner as the athlete’s participation in the training process when he is removed from competition, that is, according to the rules of Part 3 of Art. 155 Labor Code of the Russian Federation.

Keywords:

responsibility, athletes, coaches, violation, anti-doping, rules