Marat Bariev: ‘There must be a criminal responsibility for those who incite athletes to doping’

99 doping athletes

The practice illustrates that today's Russian normative and legal base on the fight against doping doesn't allow to oppose it efficiently. The World Anti-Doping Agency (WADA) informed that it added meldonium to the list of banned substances beforehand as early as September 2015, so there was enough time to remove it from the organism and stop using it. We already have 10 facts of positive dope tests of our athletes who had meldonium: Yekaterina Bobrova (figure skating), Eduard Vorganov (cycling), Semyon Yelistratov and Yekaterina Konstantinova (short track speed skating), Pavel Kulishnikov (speed skating), Eduard Latypov (biathlon), Aleksander Markin (volleyball), Alyona Mikhaltsova and Aleksey Mikhaltsov, Maria Sharapova (tennis). WADA informed that meldonium has been detected in 99 dope tests since the beginning of the year. I'm afraid this list will be renewed.

To strengthen the responsibility

The existing today legal steps don't solve the main problems in the fight against doping because they did not eliminate the principal causes and conditions that favour its distribution – it is a complex of administrative, organizational, social and moral problems. Not only new instruments in the form working legal mechanism of the fight against doping but also a political will is needed for their solution. The current laws cannot be called efficient and effective. For instance, administrative proceeding only against three specialists were brought in recent years. One case was in 2013, and two cases happened in 2014. In 2015, no one was liable.

WADA informed that it added meldonium to the list of banned substances beforehand as early as September 2015, and we already have 10 facts of positive dope tests of our athletes. Photo: sputnik.by

The only real punishment for doping is a disciplinary action against an athlete caught in use of doping, while the coaches, doctors and other specialists who are responsible for the preparation of the athletes for the competitions get off scot-free. But all these persons are awarded together with the athlete in case of success. And it creates prerequisites for the inclination to the use of banned drugs, substances and methods. Racewalking Centre in Saransk, where the use of doping was a part of the preparation of athletes, headed by infamous coach Victor Chegin is an illustrative example.

It is necessary to strengthen the fight against doping not only with the help of disciplinary, administrative and economic sanctions but also at normative and legal level. The current criminal legislation does not include any laws designed to fight against the turnover of doping in sport. In particular, it does not institute any legal responsibility for the personnel of athletes, sports managers and people involved in distribution, use and suppression of results of use of doping.

This is why the legislation needs changes. Laws instituting and strengthening the responsibility, even the criminal, for persons connected with the use of and circulation of doping are necessary. These laws are to be simple and understandable for everybody – both the representatives of sport and decision-makers. Criminal responsibility is to be instituted not for the athletes, first of all, it is designed for those who incite athletes to illegal actions, provides them illegal delivery of doping and doping services. Actions of these persons pose a significant danger, for this reason, they are the prime cause of the distribution of banned drugs and methods.

It is necessary to institute a criminal responsibility of specialists on sports medicine, personnel of an athlete and other officials in the sphere of physical training and sport for illegal production, processing, purchase and possession for sale, distribution of substances and methods banned by WADA. This personnel is often consists of highly skilled specialists who are aware of the consequences of their actions, it is what cannot be told about an athlete.

More tough criminal sanctions are to be instituted for the persons who distribute or help in distribution of banned substances and methods among underage athletes.

The adoption of these laws will also have a provisional meaning for the sanitation of the situation in Russian sport. As it is known, the main task of a legislator is not to do justice but give a warning of a crime, stop a crime until it is a reality.

In Racewalking Centre in Saransk headed by infamous coach Victor Chegin, the use of doping was a part of the preparation of athletes. Photo: runners.ru

International practice

There are enough examples of a similar anti-doping legislation in the world practice. Criminal responsibility for circulation and use of doping exists in Austria, Greece, Italy, China, Ukraine, USA, Poland, Switzerland, France, Finland and other countries.

In Greece, people who use illegal methods to improve sports results towards athletes can be imprisoned for 5 years or fined €50,000. And if these actions are applied to an underage athlete, the punishment is 25 years of imprisonment. The criminal legislation of Italy also has severe sanctions. In Switzerland, the term of the imprisonment for illegal circulation of doping is up to 3 years. These examples demonstrate the direction we should move towards. It is obvious that serious organizational and personnel decisions will be needed. Every case of a positive dope test is to be investigated in details, made public, and the culprits are to be punished. If not, connivance and impunity will turn into a reward for the use of doping, it won't be possible to climb out of the pit.