TASS-DOSSIER. On February 1, 2018, the Court of Arbitration for Sport ruled to uphold the appeals 28 Russian athletes suspended from the Olympic Games for life for violation of anti-doping rules on XXII winter Olympic Games 2014 in Sochi.

The editorial staff of TASS-DOSSIER has prepared a material about the Court of Arbitration for Sport.

Sports-related disputes are resolved by two international organizations: International Council of Arbitration for Sport (ICAS) and Court of Arbitration for Sport (CAS). ICAS manages the organizational and financial affairs of CAS, ensures the independence of the CAS and the observance of the rights of stakeholders. CAS handles financial and disciplinary disputes directly.

In 1981, IOC President Juan-Antonio Samaranch put forward the idea of ​​creating a sports legal body. In 1982 working group under the leadership of IOC member Keba Mbaye, developed the organization's charter. In 1983, the IOC ratified the document, it entered into force on June 20, 1984. This day is considered the day of foundation of CAS, Mbaye became the first president of the organization.

In February 1992, Elmar Gundel, a German competitor in equestrian sports, appealed to the CAS against the decision of the International Equestrian Federation, which disqualified him for doping in the blood of his horse. CAS reviewed Gundel's case and partially upheld his appeal, reducing the athlete's suspension.

Gundel did not agree with the CAS decision, appealed to the Swiss Supreme Court with a complaint that CAS is not an independent organization. In March 1993, the Swiss Supreme Court recognized the independence of the CAS from the International Equestrian Federation. At the same time, he noted that the CAS is accountable to the IOC, financed mainly from the IOC funds, that the IOC is authorized to amend the CAS charter and appoint judges.

This decision was the impetus for the reform of the CAS. The charter of the organization was completely revised. The main change was the creation of the International Sports Arbitration Council, an organization that took over the administration and finance of the CAS instead of the IOC. Another important result of the reform was the adoption of the Sport and Arbitration Code, which entered into force on November 22, 1994 and was subsequently updated in 2004.

Since the 1994 CAS reform, its jurisdiction has been recognized by all International Olympic Associations and many National Olympic Committees. Since 2003, the CAS has also been the last resort in international doping disputes under the World Anti-Doping Agency's code.

Structure

The working languages ​​of the CAS are English and French. The main office of the organization is located in Lausanne. There are also two additional regional offices in Sydney and New York. During the major competitions(since 1996 at the Olympic Games, since 1998 at the Commonwealth Games, at the World and European Football Championships since 2006 and 2000, respectively, since 2014 at Asian Games) temporary tribunals are created.

ICAS structure

ICAS has 20 qualified lawyers. Four of them are appointed by international sports federations (three - from the Association of International Summer Federations Olympic species sports, one from the Association of International Federations of Olympic Winter Sports); four - by the Association of National Olympic Committees; four - IOC. These 12 ICAS members nominate four more members responsible for upholding athletes' rights. These 16 members appoint four additional members from among persons independent of the organizations listed above.

ICAS members are appointed for a four-year term. They cannot be on the list of judges or mediators of the CAS. ICAS can amend the Code of Sports and Arbitration, appoint and exclude CAS judges and mediators, is responsible for financing CAS, appoints the CAS General Secretary, etc. From among its members, ICAS elects a president and two vice-presidents for a term of four years, presidents of both chambers of the CAS and their deputies. ICAS meets as often as required by CAS activities, but at least once a year.

The President elected by ICAS is also the President of CAS. He can hold meetings of the ICAS board (the board, in addition to the president, includes vice presidents and presidents of both chambers of the CAS). Since 2010, this position has been held by Australian John Coates.

CAS structure The CAS is composed of at least 150 judges and 50 mediators (neutral mediators who help the parties resolve a conflict) appointed by ICAS.

The CAS is divided into two chambers: the Ordinary Arbitration Chamber and the Arbitration Appeals Chamber. The Ordinary Chamber of Arbitration shall establish panels of arbitrators with the task of resolving disputes in the ordinary arbitration procedure. The Arbitration Court of Appeals creates groups of arbitrators to consider appeals against decisions of disciplinary courts or similar instances of federations, associations, and other sports organizations.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Similar documents

Solution arbitration court: essence, meaning and main features. Legal force of court decisions, their types and features. Adoption, announcement and appeal of decisions of the arbitration court. Study of his activities in the process of considering and resolving the case.

term paper added 07/07/2014


The concept and types of judicial acts of an arbitration court. Requirements for the decision of the arbitral tribunal. Definition of the arbitral tribunal (form and content). Features of the proceedings in cases related to the execution of judicial acts of arbitration courts.

test, added 06/26/2012


The concepts of court decisions and requirements, the definition of the essence of the court decision. Legality, validity, motivation of decisions of the arbitration court. Analysis of the requirements for the decision of the arbitration court as an act of protection of the violated right.

thesis, added 06/20/2010


Analysis of the law Russian Federation on the amendment to the Constitution of February 5, 2014 No. 2-FKZ "On the Supreme Court and the Prosecutor's Office". Consideration of the main problems arising in the process of merging the Supreme Arbitration Court and the Supreme Court of the state.

abstract, added 06/02/2014


Characteristics of justice in the field of business and other economic activities. Consideration of the stages of the arbitration process. Study of the powers of the arbitration court in enforcement proceedings. Imposition of a fine for failure to appear at the hearing.

test, added 11/25/2015


The concept and types of acts of arbitration courts in the Russian Federation. Essence, meaning, order of making his decision. The legal force of the decision of the arbitral tribunal. Its content and basic requirements for it. Correction of shortcomings in the decision of the arbitral tribunal.

abstract added on 11/13/2013


The history of arbitration courts in Russia, the structure of the arbitration court, the competence of the arbitration court, innovations in arbitration legislation. Legislation on arbitration courts. Improving the arbitration court system.

term paper added 06/27/2003

On Thursday, the Court of Arbitration for Sport in Lausanne upheld the appeals of Russian athletes disqualified for life by Denis Oswald's commission. 28 athletes are fully acquitted, for 11 the ban applies only to the upcoming winter Olympics in Pyeongchang. More than ten taken away Sochi medals will remain with the owners.

Nevertheless, this is not a triumph at all - it is rather a manifestation of common sense. Guilty - yes, no doubt. But punishment in no case should be collective, including individual "punishment on suspicion." All the more so - for life.

Behind the positive decision of the Court of Arbitration for Sport is a multi-layered and complex story. It is not excluded that the explanation will mainly come down to the motive "for insufficient evidence", as it happened before and that did not prevent the "doping case" from developing according to the worst scenario. There were no reasons to throw up hats and shout that all the bad things are behind us and now we need to deal with punishing all enemies, real and imaginary, as there have never been.

Obviously, the competent work of the hired Swiss lawyers influenced the verdict. It is possible that another sensational story by the German ARD TV journalist Hayo Zeppelt played a role - in the harsh formulations of the main person involved in the IOC v. Russia case, Grigory Rodchenkov, about the total Russian doping system sanctioned from the very top, there was a clear overkill. The hint that the author and Putin were almost on a short foot only added skepticism towards the large-scale revelations of the fugitive specialist.

The President of the Russian Federation, who had not previously spoken about the recent events with the removal of Russian athletes, finally broke the silence. At the farewell ceremony for the Olympic delegation, an unexpected “I apologize” sounded from the lips of Vladimir Putin. He, of course, confessed to the athletes for the fact that they "failed to protect them from unprecedented pressure from outside." But if desired, the replica could be interpreted more broadly. The president did not follow the lead of his main electorate, who stood up for a boycott of the Olympics. Although the decision, I think, was not easy for him.

The Court of Arbitration for Sport has sharply moved against the IOC, rehabilitating almost all Sochi victors - the winner ski marathon Alexander Legkov, winner of three silver awards Maxim Vylegzhanin, "gold" skeleton player Alexander Tretyakov, silver medalist speed skater Olga Fatkulina and their other colleagues.

The head of the organization, Thomas Bach, at the beginning of December, when the fateful decisions were made, warned that the "case of Efimova" would not happen again. Let me remind you that the previously suspended swimmer was admitted to the 2016 Games after she won the case in arbitration. But the final decision then depended on international sports federations delegated authority by the IOC. And now the IOC itself decided the fate, having approved the option with personal invitations - with which the Russian side also agreed.

Now the situation can develop in different ways. If the IOC takes a bite, none of those who get the chance will be in Pyeongchang. He will take into account the verdict, which he is obliged to obey according to the form, - he may delay the case for a week, and then it will be too late, on February 9 the Games will already open. The option of partial admission is also possible, but here a lot depends on quotas - some of the previously suspended Russians did not fulfill the qualification standards, someone did not have the opportunity to fulfill them, and in general, all the vacated quotas have already been transferred to other delegations. The decision will also depend on the reaction of the international sports community, as well as on the specific participants in the Olympics, who are already flying to Pyeongchang. And among them, not everyone will approve of such a sharp turn - at first, WADA and the IOC seemed to have convinced the Russians of guilt, and now they suddenly forgiven.

If the rehabilitated are invited, a phantasmagoric situation will arise - in Pyeongchang, those who were previously disqualified for life, and not invited "on suspicion", as well as for past sins, will be able to perform in Pyeongchang, the leaders of the Russian national team will remain outside the Olympics. The first category includes Pavel Kulizhnikov, Denis Yuskov and others, the second - Victor An, Anton Shipulin, Sergey Ustyugov. There are an order of magnitude more candidates for Pyeongchang gold on these lists than on “list 28”.

So, with all the joy for the athletes, I would postpone the euphoria - the prospects are too unclear, and there is too little time for the realization of completely fading hopes. Federal TV channels are already shouting about a great political victory, which seems to be much more important than a sports one.

But before that and before the other - even as before the moon.

The IOC said it will challenge the decisions for all 28 athletes.

CAS did not satisfy the claim of the Russian Olympic Committee and 68 Russian athletes. Do Russian athletes still have a chance to participate in the Games? We talked about this with Sergei Alekseev, head of the Russian Bar Association's commission on sports law.

"Vesti FM": Sergey Viktorovich, what to do now?

Alekseev: I want to say that, in principle, this is not the last instance. In fact, the Lausanne court does not have the right to consider the issue of abolishing the presumption of innocence proclaimed both by the Universal Declaration of Human Rights, and in the UN Charter, and in other international conventions that are higher in legal force than sports law... Therefore, I believe that it is necessary to appeal this decision at the location of the Lausanne Court, that is, to appeal to a Swiss court of general jurisdiction in connection with violations of generally accepted human rights that cannot be violated not only by some kind of arbitration court, but even by agreements of states, this is fundamental human rights and freedoms, namely the right to the principle of equality in one's dignity and in one's rights, proclaimed in the first article of the Universal Declaration of Human Rights. Political discrimination is prohibited (here it is obvious). Also, the presumption of innocence cannot be prohibited. And, of course, here the right to work is seriously violated. Innocent, "clean" athletes bear such a harsh responsibility, that is, they are removed from the Games, they suffer potential property losses, and their business reputation suffers. That is, all this is a direct violation of human rights.

And this court ... You see, at first this whole situation was created to confuse Russia, the Russian athletics playing for time. That is, on June 17 and 21, two radically opposite paths were proposed. That is, it was proposed to apply peacefully to The International Federation athletics and prove there that we are innocent, so that they will admit ours there on a voluntary basis. On the other hand, at the same time it is proposed to go to court with the same IAF. That is, this is a deliberately tangled rubbish. We went for it - and here is the result.

In fact, from a legal point of view, this court simply confirms that everything was carried out in accordance with the procedures adopted by the International Association of Athletics. She has a right to it. They voted with a majority of votes. And here the procedure is not violated, the court upheld this. Therefore, it is now necessary to appeal precisely at the level of state authorities. The first is the Swiss court, the second instance is the European Court of Human Rights. And also to involve commissions - the UN Commission on Human Rights, the same commission under the European Union - and actively continue to fight, otherwise it will continue.

Listen completely in audio version.

Popular

10.03.2020, 08:07

04.03.2020, 19:08

Related broadcasts: Doping scandal

CAS - is it still a court or a tribunal?

ALEXEY PANICH: “We have carried out all the proper analyzes on the issue related to the DNA samples of Olga Zaitseva. After we submitted the reports of our experts, it turned out that the IOC had carried out its doping tests in an unprofessional manner, and the charge was dropped. I would like to note that we have attracted both Russian and foreign experts. "

LEONID KALASHNIKOV: “First one athlete, two, then two dozen, and then hundreds went. And when the bill went to hundreds of punished athletes, it turned out that some people were simply tired of inviting Rodchenkov himself, as they say, and began to execute these signatures for him. "

"I would cancel doping tests"

SERGEY MIKHEEV: “We wanted to integrate into a civilized community - we integrated into it. The civilized community will punish us for what we are. They cannot punish us somehow - take and destroy - but they will harm us like that, in a petty way. "

Image copyright EPA

The Court of Arbitration for Sport (CAS) in Lausanne on Thursday upheld the appeals of Russian athletes, annulling the decision of the International Olympic Committee (IOC) to ban them for life from the Olympics.

The Russian service of the BBC tells how athletes, officials and journalists reacted to this decision.

International Olympic Committee

This could have a major impact on the future fight against doping. Therefore, the IOC will review the rationale for decisions very carefully as soon as they are available and will consider possible consequences- including the possibility of an appeal to the Swiss Federal Tribunal.

As for the participation of athletes from Russia in the 2018 Winter Olympics in Pyeongchang, the decision of the IOC Executive Committee of December 5, 2017 remains in force. This suggests that since the Russian Olympic Committee suspended, Russian athletes will be able to perform in Pyeongchang only at the invitation of the IOC.

Image copyright AFP / Getty Image caption The CAS considered that the evidence collected against the athletes was insufficient to establish unequivocally an anti-doping rule violation.

The decision of the Lausanne Arbitration Court does not mean that 28 athletes will be invited to the Games. The fact that they are not under sanctions does not mean that they automatically receive the privilege of being invited to the Games.

It is also important to note that the CAS general secretary said at a press conference that the court's decision "does not mean that 28 athletes have been declared innocent."

Pavel Kolobkov, Minister of Sports of Russia

Now the Russian Olympic Committee will send a letter to the IOC with a proposal that they declare our athletes to participate in the Olympic Games. We will wait for the official decision of the IOC. (Interfax)

All athletes were acquitted in the case on charges of violating anti-doping rules during the Games in Sochi. Both guys and all of us are glad that justice has finally triumphed.

The CAS panel admitted that they were innocent and overturned the decisions of the Oswald Commission (IOC). Today's CAS decisions confirm that many who have been accused are "pure athletes." (RIA News)

Dmitry Peskov, press secretary of the President of Russia

We have repeatedly said that, of course, through all possible channels, support for our athletes will continue in any steps that are aimed at defending their rights.

The information received about the decision of the Court of Arbitration for Sport in relation to our athletes confirms that vigorous actions to defend their rights both in court and in other categories are justified, can be effective and should be continued. And we hope that, of course, these actions will continue.

Dmitry Medvedev, Prime Minister of Russia

We never doubted that our athletes absolutely deservedly received all those medals that were won in Sochi. It is good that the court has fully confirmed this, proved their purity.

This means that the athletes who brought the claims are fully rehabilitated. And in relation to them, no prohibitive decisions are no longer valid, their biography is absolutely pure. And all those awards that they acquired have been restored.

Image copyright Getty Images Image caption Skeleton player Alexander Tretyakov should now get back gold medal

Everything must (...) be done as quickly as possible so that fully rehabilitated athletes can take advantage of all the opportunities that open up to them as a result of this judicial decision. (Interfax)

Vitaly Mutko, former Minister of Sports of Russia

Good news, but bitter. To be frank, this was not exactly what we expected a decision, but nevertheless we proceeded from the fact that in all these hearings and commissions of Oswald, WADA (World Anti-Doping Agency), accusations are so superficial, hasty, without justification.

All this week, the athletes have been proving their innocence. Doping is a fairly simple thing: there are samples, and all this talk and speculation should not be considered at all. As soon as some consideration comes to a legal basis, then everything falls into place.

One can only express regret that WADA entrusted all these processes to the commissions, Richard McLaren was absolutely unconvincing in this process.

Of course, we are very pleased that 28 athletes were acquitted. We never doubted them. All of them have always been outstanding athletes for us, and we had no doubt that they are in fair fight won their podiums. And the president said that we were never going to leave them without support and help. (RIA News)

Mikhail Degtyarev, Head of the State Duma Committee on Physical Culture, Sports, Tourism and Youth Affairs

We counted on positive decisions in court. You always have to go to the courts, because silence means agreement with decisions taken or accusations. The next step should be lawsuits in civil courts in order to refute the false theses of the McLaren report and to protect the honor and dignity of athletes and coaches.

Elena Vyalbe, President of the Russian Cross-Country Skiing Federation

When they found out the decision, even the gift of speech was gone. It is a pity that the three are still not fully justified, but the disqualification is only for these Olympic Games. In general, we are just happy, I believed that sooner or later this will happen. (RIA News)

Olga Fatkulina, world champion in speed skating

Image copyright AFP / Getty Images

I earned a medal with my honest work. When I found out about today's decision, my happiness did not diminish or increase. Everything was as it should be. It will be a victory if we are admitted to the Olympic Games. We will now wait - how everything will be decided there by admission. Then we will rejoice. Now the state is already such that there are no emotions. We are waiting for how everything will be further according to the situation. (RIA News)

Artem Kuznetsov, speed skater

Of course, common sense triumphed, but many questions remain: what happened, why we were accused, and I'm afraid they will remain unanswered. It's a shame that we, most likely, will not go to the Olympics anyway, because there are no invitations yet, and it is not clear what will happen. (TASS)

Alexey Petukhov, skier

Image copyright Reuters

Having learned the decision, I just thought that justice was done, there is higher power and the truth is above all nasty things. Now let those who spoke badly about us think, let them be ashamed. And we came out victorious, it's great that the court heard us.

A little at a loss, I understand that everything is over, but the state is incomprehensible, twofold. It turns out that with Olympic Games it is unclear, the IOC will probably not admit it, and the list has been formed. But the fact that we will continue to prepare for the World Cup is a positive decision. With renewed vigor in new fight... (RIA News)

Alena Zavarzina, snowboarder

Nikita Kryukov, skier

I want to go to court, because the decision to disqualify me greatly affected me. My name, name Olympic champion, just took it and dipped it in the mud. I fully admit that this could make the fans doubt the purity of my results, my victories. I see no reason to tolerate this with impunity. Therefore, going to court seems to me a perfectly logical step.