National Anti-Doping Rules

Approved by

the Order of the Ministry of Sports and Tourism of the Republic of Belarus № 22 dated July 11, 2014

 

Anti-Doping Rules of the Republic of Belarus

 

Chapter 1 General Provisions

1. These Anti-doping rules determines all stages of organization and management of doping-control procedure, ineligibility of Athletes and other Persons as well as animals competing in sport.

2. Organization and management of all stages of doping-control is conducted in accordance with the law “On Physical Culture and Sport” dated 4 January 2014 (National Legal Web-Portal 21.01.2014, 2/2123), International Conventions ratified by the Republic of Belarus, current Anti-Doping Rules in recognition of the World Anti-Doping Code, decisions of the International Olympic Committee, the World Anti-Doping Agency (hereinafter referred as WADA) and other international sport organizations.

3. For the purposes of these National Anti-Doping Rules, the terms and their definitions in the values established by the law of the Republic of Belarus “On Physical Culture and Sport”, as well as the following terms and definitions are used:

Anti-Doping Laboratory. Anti-doping Laboratory accredited by WADA or as otherwise approved by WADA;

Out-of-Competition. Any Doping Control which is not In-Competition.

Provisional Suspension means the Athlete is barred temporarily from participating in any Competition prior to the final decision at a hearing about his Ineligibility.

Prohibited Substance. Any substance so described on the Prohibited List.

Prohibited Method. Any method so described on the Prohibited List.

Use. The utilization, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.

Marker. A compound, group of compounds or biological parameter(s) that indicates the Use of a Prohibited Substance or Prohibited Method.

Metabolite. Any substance produced by a biotransformation process.

Adverse Analytical Finding. A report from a laboratory that identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogenous substances) or evidence of the Use of a Prohibited Method.

Attempt. Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping rule violation, as referred to in Article 4 of current Rules.

Sample. Any biological material (urine or blood) collected for the purposes of Doping Control.

Trafficking. Selling, giving, transporting, sending, delivering or distributing a Prohibited Substance or Prohibited Method by an Athlete, Athlete Support Personnel or any other Person to any third party.

Registered Testing Pool. The pool of top level Athletes established separately by each International Federation and National Anti-Doping Organization who are subject to both In-Competition and Out-of-Competition Testing as part of that International Federation's or National Anti-Doping Organization's test distribution plan.

In-Competition. Doping-control at a particular Sport Event;

Unless provided otherwise in the rules of an International Federation or other relevant Anti-Doping Organization, “In-Competition” means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition.

International-Level Athlete. Athletes designated by one or more International Federations as being within the Registered Testing Pool for an International Federation.

National – Level Athlete. Athletes who are not included in the Registered Testing Pool for an International Federation.

Testing. The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.

Tampering. Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly; obstructing, misleading or engaging in any fraudulent conduct to alter results or prevent normal procedures from occurring; or providing fraudulent information to an Anti-Doping Organization.

4. Doping is defined as the occurrence of one or more of the following anti-doping rule violations:

4.1. The presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample or Animals’ Sample competing in sport;

4.2. Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method;

4.3. Refusing or failing without compelling justification to submit to Sample collection after notification as authorized in these Anti-Doping Rules, or otherwise evading Sample collection;

4.4. Violation of applicable requirements regarding Athlete availability for Out-of-Competition Testing, including failure to file required whereabouts information and missed;

4.5. Tampering or Attempted Tampering with any part of Doping Control;

4.6. Possession of Prohibited Substances and (or) Methods;

4.7. Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method;

4.8. Administration or Attempted administration to any Athlete or Animal In-Competition of any Prohibited Method or Prohibited Substance, or administration or Attempted administration to any Athlete Out-of-Competition of any Prohibited Method or any Prohibited Substance that is prohibited Out-of-Competition, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any Attempted anti-doping rule violation.

5. Doping-control for animals competing in sport as well as ineligibility of animals is determined by the relevant international federation in its Rules established and implemented in accordance with the WADA Code.

 

Chapter 2 Therapeutic Use

6. The presence of a Prohibited Substance or its Metabolites or Markers, Use or Attempted Use of a Prohibited Substance or a Prohibited Method consistent with the provisions of an applicable TUE issued pursuant to the International Standard for Therapeutic Use Exemptions shall not be considered an anti-doping rule violation.

7. Any National-Level Athlete who needs to Use a Prohibited Substance or Prohibited Method for therapeutic purposes should apply to the National Anti-Doping Agency (hereafter referred as - NADA) for a TUE. An Athlete may be granted a TUE if (and only if) he/she can show that each of the following conditions is met:

   - the Prohibited Substance or Prohibited Method in question is needed to treat an acute or chronic medical condition, such that the Athlete would experience a significant impairment to health if the Prohibited Substance or Prohibited Method were to be withheld;

   - the Therapeutic Use of the Prohibited Substance or Prohibited Method is highly unlikely to produce any additional enhancement of performance beyond what might be anticipated by a return to the Athlete’s normal state of health following the treatment of the acute or chronic medical condition;

   - there is no reasonable Therapeutic alternative to the Use of the Prohibited Substance or Prohibited Method.

8. An Athlete may only be granted retroactive approval for his/her Therapeutic Use of a Prohibited Substance or Prohibited Method (i.e., a retroactive TUE) if Emergency treatment or treatment of an acute medical condition was necessary.

9. An Athlete who is an International-level Athlete and Athletes competing at international events should apply to his or her International Federation or a Major Event Organizers in accordance with their Rules.

 

Chapter 3 Testing

10. In-competition and out-of-competition testing is conducted in accordance with Test Distribution Plan, monthly developed by NADA, considering requests from athletes, national sport federations and clubs, Major Event Organizations, international sport organizations, reinstatement testing.

11. Out-of-competition testing is any doping control which is not in-competition.

12. In-competition testing is any doping-control which is conducted during in-competition period.

13. Athlete selected for in-competition testing after completing his/her participation in separate discipline of sport event is notified in written form stating the date and time of service of a notification as well as date, time and a place for doping-control.

14. Urine and blood samples are taken from an athlete for doping-control purpose.

15. Athlete’s urine sample is divided into 2 bottles (A sample and B Sample).

16. All samples are sent by NADA to the Anti-Doping Laboratory. A Sample is a subject to the initial analysis.

 

Chapter 4 Results Management

17. Upon receipt of an A Sample Adverse Analytical Finding, the NADA shall conduct a review to determine whether: (a) an applicable therapeutic use exemption has been granted, or (b) there is any apparent departure from the International Standard for Testing or International Standard for Laboratories that caused the Adverse Analytical Finding.

18. Based on the initial review results indicated in the Article 17 of current Rules, NADA during 3 business days shall notify:

18.1 relevant officials from the Ministry of Sports and Tourism, athlete’s international and national federation and WADA;

18.2 the Athlete about Adverse Analytical Finding of his/her A Sample and the Athlete’s and/or his/her right: to promptly request the analysis of the B sample; the opportunity for the Athlete and/or the Athlete’s representative to attend the B Sample opening and Analysis if such analysis is requested; the Athlete’s right to request copies of the A and B sample laboratory documentation package;

18.3 decide about a provisional suspension of the athlete from participating in any competition prior to the final decision at a hearing notifying the athlete and his/her federation.

19. B Sample’s results are reported in the manner set out in Article 18.1 and 18.2.

20. A result of a B sample analysis is final. If a B Sample analysis is negative, the results of analyses of A and B Samples shall be considered negative and the Athlete’s case is not considered as anti-doping rules violation.

21. In the case of Adverse Analytical Findings of samples when testing has been initiated by international federations, these international federations have the results management authority.

22. If NADA reveals a possible violation of the Rules which has not been based on Adverse Analytical Findings, it shall: - investigate this case; - the Athlete or other Person accused of a possible violation, the Athlete’s relevant Sports Federation, a relevant International Sports Federation, the Ministry of Sports and Tourism and WADA shall be notified by NADA about a possible violation of the Rules.

 

Chapter 5 Fair Hearings and Appeals

23. When it appears, following the results management process that anti-doping rules have been violated then NADA shall provide a hearing process.

24. Hearings pursuant to this paragraph shall be completed in all cases not later than after 3 (three) months from the moment of the notification of the Athlete or other Person who is asserted to have committed the Rules violation circumstances.

25. The Athlete or other Person should be informed properly in written about a date, time and place of hearings.

26. Hearings should be held in the presence of the Athlete or other Person and/or their representatives. Case can be adjudicated in absence of the Athlete or other Person who is asserted to have committed the Rules violation or their representatives, in case they have been informed properly about hearing in written form.

27. The results of the hearings should be one of the following decisions: - to determine if an anti-doping rule violation was committed by the Athlete or other Person and about their ineligibility; - determine if an anti-doping rule violation was committed by the Athlete or other Person and recommended period of their ineligibility; - to determine that no anti-doping rule violation was committed.

28. The results of the hearings are recorded in the minutes within 3 business days after the Hearings.

29. NADA within 5 business days after the Hearings: - shall send an extract from the minutes to the national federation and others to whom it may concern; - shall inform the Ministry of Sports and Tourism of the Republic of Belarus, relevant international federations and WADA.

30. The relevant national federation within 10 business days from the date of receiving the extract from the minutes takes a decision according to athlete’s (who is a member of the national federation) ineligibility and within 5 business days from the date of decision informs the relevant athlete, NADA, the Ministry of Sports and Tourism and the relevant international federation.

31. The period of ineligibility shall start on the date set forth in the minutes of the hearing. The Athlete shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed.

32. No Athlete or other Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Competition.

33. Decisions by NADA Belarus pursuant to the current Rules may be appealed in a manner to be prescribed by law.