THE ESSENCE OF THE DISPUTE:
Imagine this situation: a talented Ukrainian athlete, a medalist at European competitions, was facing a two-year disqualification. The reason? Three missed doping tests within a 12-month period.
According to WADA regulations, this qualifies as a whereabouts failure and results in a mandatory two-year suspension from competitions.
For the athlete, this wasn’t just a temporary break—it posed a real risk of ending his career. Seeking a solution, he turned to us, and we took on the case.
Key Point:
Under the World Anti-Doping Code (WADA), every athlete is required to provide accurate and up-to-date whereabouts information for doping control purposes.
Failure to provide this information or missing three tests within a 12-month period constitutes an anti-doping rule violation and can lead to disqualification for up to two years—even in the absence of any prohibited substances in the athlete’s system.
WHAT WAS DONE:
The case was considered by an international organization, which suspended the athlete from participating in competitions.
We carefully analyzed each of the three missed tests to find grounds for challenging them:
- We reviewed the athlete's explanations after each test.
- We evaluated the doping officers' comments regarding the testing circumstances.
- We gathered additional evidence and obtained testimonies that could influence the reconsideration of the decision.
During the analysis, we identified an important detail: one of the missed tests could have been due to reasons beyond the athlete's control. This became our key argument. We requested additional documents, gathered new evidence, and filed a request for the test to be reviewed.
However, the international organization upheld its decision. But we did not stop — we filed a complaint to the Tribunal that continuously operates under this organization.
The case was heard by a Sole Arbitrator, who agreed with our arguments:
✅ The athlete did not deliberately evade testing.
✅ The standard punishment in this situation is excessively harsh.м.
RESULT:
Despite the fact that all three missed tests remained confirmed, the Tribunal recognized the presence of mitigating circumstances.
As a result, the disqualification period was reduced from 2 years to 12 months, with the sanction period commencing from the date of the first missed doping test. This means that the athlete will be able to return to competitions much earlier, preserving their career and chances for further success.
The project was handled by specialists from sports law at the "JURIS FERRUM" LF: Attorney-at-Law Ganna Gnizdovska, Legal Assistant Daria Stepanova, and Secretary Liudmyla Hnatenko.