THE ESSENCE OF THE DISPUTE:
At the end of 2021, a minor athlete participated in a water sports competition. It was during this event that she underwent her first-ever doping test. Then, in early 2022, shocking news arrived: Sample "A" tested positive for a prohibited substance.
For the young athlete, who had just entered the testing pool, this was a devastating blow. Neither she nor her mother had ever imagined facing such a situation. With a potential four-year disqualification looming over her, they had no idea how to proceed.
Her mother began searching for a qualified sports lawyer. After several unsuccessful attempts, acquaintances recommended turning to Juris Ferrum law firm, calling us "the best in Ukraine for doping cases." It was an honor to hear, and we immediately got to work. Our goal was to gather all possible evidence to defend our client.
Key Point:
According to the World Anti-Doping Code (WADA Code), the use of a prohibited substance or method by an athlete constitutes a serious violation of anti-doping rules. Regardless of whether it was intentional or unintentional, such a case can result in a disqualification of up to four years (Article 10 of the Code).
WHAT WAS DONE:
At first, we were unable to determine how the prohibited substance entered the athlete’s body. However, after thorough discussions with her and her mother, we identified key details. It turned out that a few weeks before the competition, she had undergone medical treatment and taken a medication that contained the banned substance. The issue was that neither she nor her mother checked the composition of the medication.
The athlete had received no anti-doping education and was unaware that medications should be checked for banned substances. This became a crucial argument in our defense.
We took the following steps:
✅ Prepared an explanation for the International Federation, detailing the circumstances of the case. We stated that the banned substance was found in a medication the athlete had taken without verifying its ingredients. A key argument in our defense was that she was a minor with no anti-doping education and was therefore unaware of the need to check medications.
✅ Engaged in active negotiations with the International Federation, aiming not only to acknowledge the violation but also to seek a reduced sanction. We emphasized mitigating factors: the athlete’s age, her illness, the lack of anti-doping education, and the fact that this was her first violation.
✅ Achieved a reduction in the disqualification period. Thanks to our arguments, the International Federation partially recognized their validity and agreed to reduce the suspension period. This allowed the athlete to return to competition earlier than initially anticipated in the original decision.
RESULT:
Thanks to the efforts of our team, the International Federation reduced the disqualification period from 4 years to 18 months, with the countdown starting from the date of the first missed doping test.
Since nearly two years had passed by the time the decision was made, the disqualification period had already expired, allowing the athlete to return to competition without any further delays.
The project was handled by sports law specialists from Juris Ferrum Law Firm: attorneys Ganna Gnizdovska, Nadiya Gnizdovska, and lawyer Darya Stepanova.