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The proceedings in case of violation of antidoping rules
Čermák, Ondřej ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
1 The proceedings in case of violation of antidoping rules Abstract This paper deals with the proceedings, which are related to the amendment of the World Anti- Doping Code in 2021 and the related issuance of the updated Directive for the Control and Punishment of Doping in Sport in the Czech Republic (hereinafter referred to as the "Directive"), in the case of anti-doping rule violations. These rules are characterised by the fact that they contain both substantive and procedural provisions. It is these procedural provisions, which are adhered to in the proceedings in case of anti-doping rule violation, that this paper deals with in more detail. It is a sui generis procedure in its nature containing elements of both private and public law. Until the end of 2020, the bodies of first instance of the decision-making system were the national sports federations, respectively their disciplinary bodies. Subsequently, the power in such cases was transferred to the National Court of Arbitration for Sport by the Czech Anti- Doping Committee in 2022 and thus ever since the entire process of adjudicating doping disputes in the Czech Republic is held by this newly created body. It is a hybrid body on the borderline between private and public law, whose legitimacy must be derived from the hierarchical structure of...
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