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Anti-doping Bylaws of the Olympic
Committee of Serbia Whom It May Concern: The Executive Board of the Olympic Committee of Serbia at its XXIII meeting held on 10 July 2008 and at the proposal of Juridical and Health Commissions of the Olympic Committee of Serbia passed a Draft of Anti-doping Bylaws of the Olympic Committee of Serbia, which, in accordance with the decision of this body, is forwarded to public debate. Public debate will end by 10 September of the current year and during that period any proposal for amending this Draft can be submitted in writing. Adoption of Anti-doping Bylaws is an obligation stemming from the World Anti-doping Code and World Anti-doping programme, which, together with Law on prevention of doping in sport of the Republic of Serbia, represents the most significant action in an endeavour to stop and eradicate doping in our sport. We kindly ask you to study the attached Draft of the OCS Anti-doping Bylaws carefully and to submit any objections or suggestions within the said deadline. Sincerely,
Predrag Manojlović
ANTI-DOPING BYLAWS of OLYMPIC COMMITTEE OF SERBIA (working version)
_____________________________1910___________________________ Olympic Committee of Serbia Belgrade 2008
CONTENTS ANTI-DOPING OBLIGATION OF THE OLYMPIC COMMITEE OF SERBIA 2. APPLICATION OF ANTI-DOPING RULES 3 OBLIGATIONS OF THE OLYMPIC COMMITTEE OF SERBIA 4 TESTING 6 FINDINGS OF ANTI-DOPING RULES VIOLATION AND DOPING VIOLATION 7 SANCTIONS OF THE OYMPIC COMMITTEE OF SERBIA FOR ANTI-DOPING RULES VIOLATION 11 REVISION OF ANTI-DOPING RULES VIOLATIONS ANTI-DOPING OBLIGATION OF THE OLYMPIC COMMITTEE OF SERBIA On 10 July 2008, the Olympic Committee of Serbia accepted the World Anti-doping Code (hereinafter referred to as the “Code”). These anti-doping rules are adopted and applied as a result of an obligation of the Olympic Committee of Serbia to participate in goals of the World anti-doping programme. The rules are compliant with the responsibilities of the OCS stemming from the Code, and lend support to constant efforts of the Olympic Committee of Serbia to fight and eradicate doping in Serbia.
Fundamental rationale of the Code and anti-doping rules of the Olympic Committee of Serbia Anti-doping programmes seek to preserve what is intrinsically valuable in sport. This intrinsic value is referred to as “the spirit of sport”; it is the essence of Olympism, it is how we play true. The spirit of sport represents the celebration of the human spirit, body and mind, and is characterised by the following values: Ethics, fair play and honesty Health Excellence in performance Character and education Fun and joy Teamwork Dedication and commitment Respect for rules and laws Respect for self and other participants Courage Community and solidarity Doping is fundamentally contrary to the spirit of sport.
1. WORLD ANTI-DOPING CODE 1.1. The Olympic Committee of Serbia is a signatory of the Code and as such is obliged to assist national anti-doping organisation, the Anti-doping Agency of Serbia (ADAS) in initiation and implementation of doping control process. 1.2. According to the Code and Law on prevention of doping in sport, the Olympic Committee of Serbia has a role and responsibilities including the following: (1) To ensure that the anti-doping policies and rules are implemented in accordance with the Code and Law on prevention of doping in sport, (2) To require as a condition of membership that national sports federations accept anti-doping policies and rules which are in accordance with the applicable provisions of the Code and Law on prevention of doping in sport, (3) To require athletes who are not regular members of a national sports federation, as a condition of participation in the Olympic Games, to be always available for sample collection and in the year before the Olympic Games, and in the Olympic year, provide on regular basis accurate and up-to-date whereabouts information. (4) To cooperate with the Anti-doping Agency of Serbia. (5) To withhold some or all funding to any athlete or athlete support personnel who is not in compliance with the anti-doping rules. (6) To withhold some or all funding to national federations that are not in compliance with the Code and Law on prevention of doping in sport.
2. ANTI-DOPING RULES APPLICATION 2.1 These rules refer to: (1) The Olympic Committee of Serbia, (2) Athletes, (3) Members of the Olympic team, (4) Officials, and (5) National federations. 2.2 Sanctions are applied in case of every anti-doping rule violation or doping violation or any other type of abuse or breach of these rules.
3 OBLIGATIONS OF THE OLYMPIC COMMITTEE OF SERBIA 3.1 All athletes must: (1) Be knowledgeable of and comply with all applicable anti-doping policies and rules adopted. This refers to the Code, its rules and policy, Law on prevention of doping in sport, rules of the OCS, ADAS, WADA, national and international sports federations. (2) Take responsibility, in the context of anti-doping, for what they ingest and use. (3) Inform medical personnel of their obligation not to use prohibited substances and prohibited methods, and take responsibility to make sure that any medical treatment received does not violate anti-doping policies and rules. 3.2 Athletes who are not regular members of a national sports federation must be available for sample collection conducted in accordance with the Code and Law on prevention of doping in sport during the year before the Olympic Games, and in the Olympic year, as a condition of participation in the Olympic Games, and provide accurate and up-to-date whereabouts information on a regular basis. 3.3 Athlete Support Personnel must: (1) Be knowledgeable of and comply with all applicable anti-doping policies and rules adopted which are applicable to them or the athlete whom they support. This refers to the Code, its rules and policy, Law on prevention of doping in sport, rules of the OCS, ADAS, WADA, national and international sports federations. (2) Cooperate with the Athlete Testing programme; and (3) Use their influence on athletes, their behaviour and moral values in order to foster anti-doping attitudes. 3.4 A national sports federation must: (1) Comply with the anti-doping rules; (2) Cooperate with the Anti-doping Agency of Serbia and assist it so it may fulfil its responsibilities in accordance with the Code and Law on prevention of doping in sport; (3) Adopt and implement anti-doping policies which are in accordance with the Code and Law on prevention of doping in sport; (4) Cooperate and assist the international federation in day-to-day implementation of anti-doping programmes; (5) Demand from persons who: (a) participate in sport in its jurisdiction; or (b) are registered as athlete or competitor or athlete’s support personnel within a national sports federation or club recognised by the national sports federation; to comply with its anti-doping policies, the Code and Law on prevention of doping in sport and these rules; (6) Demand from persons who: (a) participate as an athlete or competitor in sport under its jurisdiction; or (c) are registered as athlete or competitor within a national sports federation or club recognised by the national sports federation; to always be available for sample collection and provide accurate and up-to-date whereabouts information; (7) Demand, as a condition of membership, that policies, rules and programmes of its members or recognised clubs are in accordance with the Code and Law on prevention of doping in sport; and (8) Undertake appropriate measures to discourage violation of anti-doping policies of the Code and Law on prevention of doping in sport. 3.5 A national sports federation must also: (1) Accept and comply with findings of anti-doping rules violation by the international federation, other signatory or other national federation without hearing, provided that the findings are in accordance with the Code and Law on prevention of doping in sport and in jurisdiction of the said body; (2) Demand that athletes who are not regular members of a national sports federation must be available for sample collection conducted in accordance with the Code and Law on prevention of doping in sport during the year before the Olympic Games, and in the Olympic year, as a condition of participation in the Olympic Games, and provide accurate and up-to-date whereabouts information on a regular basis. (3) Inform instantly the Olympic Committee of Serbia about any findings concerning anti-doping rules violation or violation of rules of fight against doping, as well as about sanctions for anti-doping rules violation or violation of rules of fight against doping: (a) every person subject to anti-doping rules or policies; or (b) every athlete, athlete’s support personnel or other person in its jurisdiction or control of anti-doping policies and rules of its international federations. (4) if asked by secretary general, provide assistance and information to the Olympic Committee of Serbia in order for the Olympic Committee of Serbia to implement those rules.
The Olympic Committee of Serbia will comply with analysis results of an approved laboratory after testing conducted by the anti-doping organisations and the Anti-doping Agency of Serbia in accordance with the Code and Law on prevention of doping in sport.
5 ANTI-DOPING RULES VIOLATIONS 5.1 Failure to comply with anti-doping rules is violation of those rules. 5.2 Articles 1, 2, 3, 4, 5, 6 and 17 of the Code are consulted in order to determine whether there has been any violations of the anti-doping rules. 5.3 Violation of these rules entitles a national federation to suspend its obligations towards the Olympic Committee in accordance with these rules. 6 FINDINGS OF ANTI-DOPING RULES VIOLATION AND DOPING VIOLATION The Olympic Committee of Serbia will accept and comply with all decisions of all anti-doping organisations concerning violation of anti-doping rules by a person, provided the testing results are in accordance with the Code and Law on prevention of doping in sport and within jurisdiction of the said body. 7 SANCTIONS OF THE OLYMPIC COMMITTEE OF SERBIA FOR ANTI-DOPING RULE VIOLATIONS 7.1 Any person for whom it has been proved to have violated anti-doping rules will be ineligible for membership or participation in any team, will be ineligible for funding by the Olympic Committee of Serbia and retention of his or hers position in the Olympic Committee of Serbia. 7.2 Duration of the sanction will be determined in accordance with Articles 10 and 11 of the Code. 7.3 The Olympic Committee of Serbia will acknowledge previous sanctions by an anti-doping organisation or a national federation. 7.4 For violation of anti-doping rules acknowledged by the Olympic Committee of Serbia: (1) Any person for whom it has been proved to have violated anti-doping rules will be ineligible for membership or participation in any team, will be ineligible for funding by the Olympic Committee of Serbia and retention of his or hers position in the Olympic Committee of Serbia for the duration of: (a) [1] (2) Once it has been proved that a person has committed any other doping violation outside of anti-doping rules violation will be ineligible for membership or participation in any team, will be ineligible for funding by the Olympic Committee of Serbia and retention of his or hers position in the Olympic Committee of Serbia for the duration of: (a) [2] ---------------------------------------------- (3) The Olympic Committee of Serbia will acknowledge previous sanctions by an anti-doping organisation or a national federation.
8.1 All cases of anti-doping rules violation will be ruled in compliance with the Code and Law of prevention of doping in sport and must be established in accordance with the provisions of the Code and Law of prevention of doping in sport. 8.2 Disciplinary council for anti-doping of the Olympic Committee of Serbia is authorised to control its procedures provided they are in accordance with Article 8 of the Code[3].
Following introduction of sanctions in accordance with these rules, the Olympic Committee of Serbia will forward details of sanctions to: (1) International Olympic Committee, (2) Every person entitled to be informed in accordance with Article 14 point 1 of the Code; (3) National federation of person in question; (4) Anti-doping Agency of Serbia (5) World Anti-doping Agency (WADA); and (6) Every other person or organisation deemed by the Olympic Committee of Serbia eligible to be notified.
10.1 Except in the manners stated in the Code, no persons must appeal or contest any decision on anti-doping rules violation by the Olympic Committee of Serbia, unless the said person has exhausted all his or hers rights to appeal or other legal rights (if existing) concerning hearing or findings of an anti-doping organisation or a national federation in question (in any tribunal designated by anti-doping policies of an anti-doping organisation or a national federation in question or at a regular court of law). Should a person contest hearing regarding anti-doping control or a findings of anti-doping control by a anti-doping organisation or a national federation in question or should the said person appeal, the OCS will postpone its decision on anti-doping rules violation until a ruling has been made and will comply with the ruling of a tribunal or regular court of law entrusted with the case. 10.2 Rulings made in accordance with the anti-doping rules may be contested in accordance with Article 13 of Code [4]. Such ruling will remain in force until the body in charge of the appeal decides otherwise.
11 REVISION OF ANTI-DOPING RULES VIOLATIONS If a person previously ruled to have committed anti-doping rules violation is found not to have committed anti-doping rules violation or exonerated by the CAS (Court of Arbitration for Sport) or court of appeal of any anti-doping organisation in accordance with the Code, the Olympic Committee of Serbia will annul the ruling of anti-doping rules violation and cancel all sanctions introduced as consequence of anti-doping rules violation and will notify all persons who have been notified about the initial introduction of sanction in accordance with Article 9.
12 INTERPRETATION All terms used in these bylaws have the same meaning as assigned to them in the World Anti-doping Code. [2] Here the NOC may introduce sanctions deemed necessary provided they are within reason and in compliance with general principles of the Code. [3] See Article 8 of the Code of World Anti-doping Agency (WADA) and Article 8 of model of best practice for national anti-doping organisations (NADO). [4] See Article 13 of the Code of World Anti-doping Agency (WADA) and Article 13 of model of best practice for national anti-doping organisations (NADO). |
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