ZNAČAJAN DOPRINOS (SUBSTANTIAL ASSISTANCE) KAO OSNOV ZA REDUKCIJU SANKCIJE PROPISANE ZA KRŠENjE ANTIDOPING PRAVILA: GRANICE I DOMET

Abstract

When an athlete or another person responsible for an anti-doping rule violation provides Sunstantial Assistance to a competent anti-doping organization in uncovering violations of the Code committed by another person, the adjudicatory body is authorized to suspend a portion of the otherwise applicable period of ineligibility. As a rule, No more than three-quarters of the otherwise applicable period of ineligibility may be suspended. Moreover, when the violation in question carries a sanction of lifetime ineligibility, the remaining, non-suspended period of the sanction may not be shorter than eight years. In addition to setting clear limits within which the competent anti-doping organization must operate when determining the period of suspension, the Code also prescribes the criteria on the basis of which such a decision must be made. Accordingly, the adjudicatory body is required to take into account the seriousness of the anti-doping rule violation, as well as the significance of the Substantial Assistance provided by the person responsible for the violation to the effort to eliminate doping in sport. In addition to these two criteria, the jurisprudence of the Court of Arbitration for Sport in Lausanne has developed an additional criterion: when assessing the extent to which the prescribed sanction will be suspended, consideration must also be given to ensuring that the scope of the suspension in the specific case is proportionate to that imposed in earlier decisions.