SUBJECT OF THE DISPUTE:
A Ukrainian athlete competing in a strength-based martial art received notification of an adverse doping test result. A substance (fenoterol) included in the World Anti-Doping Agency’s (WADA) Prohibited List was detected in the sample. Following this, the international federation initiated proceedings regarding a possible violation of anti-doping rules.
Under the rules of the World Anti-Doping Code, such cases are considered under the principle of strict liability. This means that the mere fact of detecting a prohibited substance in a sample is sufficient grounds to establish a violation, regardless of whether the athlete intended to gain an advantage in competition.
In such situations, the athlete may face suspension from competition for up to four years, which effectively jeopardizes his or her athletic career.
Important:
International anti-doping law provides for a mechanism known as a Therapeutic Use Exemption (TUE)—permission to use a prohibited substance or method for therapeutic purposes if it is medically necessary for the athlete.
In exceptional cases, anti-doping rules allow for a retroactive TUE—a permission granted after the substance has already been used, provided it is proven that the athlete had valid medical grounds for its use and was unable to obtain such permission in advance.
WHAT WAS DONE:
The team at JSC “YURIS FERRUM” conducted a comprehensive legal and medical analysis of the circumstances of the case.
Specifically:
the athlete’s medical records and medical history were examined in detail;
statements were collected from doctors and team members confirming the medical grounds for the use of the substance;
an application for a retroactive Therapeutic Use Exemption (TUE) was prepared and submitted to the International Testing Agency.
The ITA Committee denied the request. Consequently, the team at YURIS FERRUM, LLC appealed this decision to the relevant sports tribunal.
As part of the proceedings, additional medical materials, expert opinions regarding the athlete’s health condition, and legal arguments confirming the necessity of using the drug for therapeutic purposes were submitted.
RESULT:
The Sports Tribunal overturned the ITA Committee’s decision and issued a new one—to grant the athlete a retroactive therapeutic use exemption (TUE).
After receiving the exemption, the international federation closed the proceedings regarding a possible violation of anti-doping rules.
As a result, the athlete avoided suspension and was able to continue his professional athletic career.
Sports law specialists from YURIS FERRUM LLC worked on the case: attorneys Hanna Gnizdovska and Nadiya Gnizdovska, and legal counsel Yana Kovalyova.