Disciplinary Anti-Doping Commission
Order of the National
Regulations for the Disciplinary
Anti-Doping Commission of the Republic of Belarus
1. These Regulations determine the procedure for the establishment and operation of the Disciplinary Anti-Doping Commission under the National Anti-Doping Agency (hereinafter - the Commission).
2. The activities of the Commission is regulated by the Law “On Physical culture” (The National Legal Internet-Portal of the Republic of Belarus, 21.01.2014, 2/2013), the international treaties of the Republic of Belarus, the National Anti-Doping Rules (The National Legal Internet-Portal, 20.11.2014, 8/29292), in recognition of the World Anti-Doping Code, decisions of the International Olympic Committee and other international sport organizations and other legislative acts.
3. For the purposes of these Regulations, the terms and their definitions in the values established by the law of the Republic of Belarus “On Physical Culture and Sport”, the international treaties of the Republic of Belarus, the National Anti-Doping Rules in recognition of the World Anti-Doping Code, decisions of the International Olympic Committee and other international sport organizations.
AIMS, MAIN OBJECTIVES AND PRINCIPLES OF THE DISCIPLINARY ANTI-DOPING COMISSION’S ACTIVITIES
4. The main purpose of the Commission’s activities is to provide a timely, fair and impartial hearing process for any Person who is asserted to have committed an anti-doping rule violation.
5. The main objectives of the Commission are:
5.1 a hearing on the facts of a possible anti-doping rule violations, including violations other than an Adverse Analytical Finding of in-competition and out-of-competition samples within the time specified in paragraph 25 of these Regulations;
5.2 making an impartial, competent and timely assessment of the information and facts presented by the National Anti-Doping Agency (hereinafter - NADA) for the purposes of the hearing;
5.3 rendering of the decision further to hearings in relation to athletes, athlete’s support personnel in accordance with the National Anti-Doping Rules of the Republic of Belarus;
5.4 cooperation with national federations (unions, associations) and international sports organizations, competent to hold hearings on anti-doping rule violations.
6. Information about the National Anti-Doping Commission’s activity is publicly available except for the confidential information under the laws of the Republic of Belarus, the provisions of the World Anti-Doping Code and current Regulations.
7. The Commission may request the competent organizations to provide some information and data, carrying out expert examinations (presentation of expert evidence) as it deems necessary for making a decision at athlete’s or other person’s or their representatives’ cost.
8. To ensure independent decision making, all members of the Commission should not be bound by any official duties in the framework of the NADA’s activities.
CONSTITUTION OF THE COMMISSION. RIGHTS AND RESPONSIBILITIES OF ITS MEMBERS
9. The members of the Commission are approved by the NADA’s Order.
10. The Commission is headed by the Chair, during his absence by the Deputy Chair of the Commission.
11. A Chairperson should be a person with higher education and with at least 5 years experience of practical work in sports. A candidacy for the position of Chairperson (Deputy Chairperson) of the Commission is approved by a simple majority of votes of its members.
12. A Commission consists of:
- the members with a medicine background and with at least 5 years experience of practical work in health care;
- the members among competing or retired athletes, coaches, other specialists from sports without specifying requirements to the operational experience;
- the members with a legal background and with at least 3 years experience of practical work.
A person with education and experience which doesn’t meet those criteria can be a member of the Commission as a contingency measure. It’s necessary to take into consideration the level and educational background of the specialist, his/her major, special knowledge and business proficiency as well as experience and other considerations.
13. A Chairperson:
- selects at least 3 members from approved pool with necessary qualification given the nature of the relevant charge for a hearing of each possible anti-doping rules violation;
- comes up with a proposal to invite to its meetings experts in anti-doping legislation, sport, medicine for their legal opinion;
- involves authorized representatives of national federations (unions, associations);
- comes up with a proposal to remove any member from the Commission;
- proposes amendments to current Regulations to NADA’s Director;
- leads the hearing;
- convenes meeting of the Commission to determine and change hearing process procedures;
- files necessary requests to the relevant organizations and experts;
- makes available received responses upon requests to the members;
- submits necessary information about Commission’s activity to NADA’s Director.
14. A Secretary of the Commission is responsible for preparing a case for each hearing. A Secretary is appointed from NADA’s employees and is not a member of the Commission without vote.
15. The Chairperson can be reelected or removed from his position in case of motivated and reasoned statement to the NADA with a consent of minimum 2/3 of the total number of the members, as well as in the case of disclosure of confidential information, in accordance with Chapter 7 of these Regulations, or systematic failure to comply with the undertaken responsibilities.
16. Any member of the Commission, including the Chairperson of the Commission and his Deputy shall be entitled to withdraw membership in a declarative manner. Membership is terminated from the date when the relevant application has been submitted to the Director of NADA.
17. Members of the Commission shall participate in hearings on a regular basis. If a member of the Commission is not able to attend a hearing for whatever reason, he shall notify the Chairperson.
18. If the member refuses to participate in a hearing more than two times in a row or absences for unexcused reasons in more than two hearings, the Chairperson of the Committee may submit to the Director of NADA an issue of termination of his/her membership in the Commission.
19. In case of violation of the principles of the Commission, as well as the disclosure of confidential information to any third party by the member of the commission, the Chairperson may come up with a proposal to remove this member from the Commission.
PREPARATION, ORGANIZATION AND HOLDING OF HEARINGS
20. In cases where NADA reveals a possible anti-doping rule violation, NADA submits the materials to the Commission for a decision on whether anti-doping rules have been violated and determine the consequences of violations.
21. Organizational, technical and information support of Commission’s activities shall be provided by NADA.
22. The members of the Commission shall be informed properly about hearing in any manner that provides delivery of information about the hearing to the members of the Commission.
23. The members of the Commission should not have any connection with an investigated case. Each member of the Commission in any way connected with the case under investigation or interested in determining the outcome of the investigation shall inform the Chairperson of the Commission of any circumstances that might impede the impartial performance of their functions before the hearing. The member of the Commission shall immediately inform the Chairperson of the Commission about such circumstances before the end of the hearing, otherwise the Commission's decision shall be reversed by the Director of NADA, and it will be a subject to review.
24. Hearings shall be scheduled and completed within a reasonable time, but 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 Anti-Doping Rules violation, except for the cases with special circumstances. In the event of such circumstances, the hearing may be extended by a written decision of the Commission including an explanation of the special circumstances. A person who becomes aware of such circumstances shall notify the Commission in writing. The parties shall be properly notified of the extension of the hearing.
25. Hearings held in connection with Events that are subject to these Anti-Doping Rules may be conducted by an expedited process at the written athlete’s request.
26. Hearings may be conducted on an expedited basis at the request of the athlete, if a provisional suspension has been imposed due to the anti-doping rule violation.
27. An athlete or other person shall be informed properly about a date, time and place of hearings (via phone, fax, e-mail or registered letter).
28. A hearing should take place in the presence of athlete or other person. For hearings with minors involved, the presence of his/her legal representative is mandatory. Case can be adjudicated in absence of the athlete or other person who is asserted to have committed the Rules violation or their representatives, when they have been informed properly about hearing (via phone, fax, e-mail or registered letter) but fail to attend the hearing on the date on which it was supposed to occur.
29. A hearing may be conducted in absence of the athlete or other person who is asserted to have committed the rules violation by their written request for a hearing in their absence, as well as in cases of holding meetings not associated with the establishment that the anti-doping rule violation was committed, to address organizational issues related to the Commission, execution of decisions of the arbitration courts. To conduct hearings with the use of technical means of communication, providing ability to communicate in real-time is allowed.
30. A hearing should be closed–to–the public unless otherwise is specified by the Commission.
31. Facts related to anti-doping rule violation may be determined by any credible means, including admission. The Commission may receive evidence, including indirect evidence, in the form it deems acceptable and authorized to give a value to such evidence as it deems necessary.
32. A hearing process will be audio and video recorded at the request of the athlete or other person, as well as by the decision of NADA.
establishment of the fact of an anti-doping rule violation committed by a coach or other person, or by an athlete, who is not a member of a national federation, union (association) and their ineligibility;
establishment of the fact of an anti-doping rule violation and recommended ineligibility period relating to an athlete, who is a member of national federation, union (association) in the kinds of sport;
withdrawal of the assertion of an anti-doping rule violation by an athlete, a coach or other Person.
34. The Commission is authorized to issue a decision if at least 3 members of the Commission attend the hearings. In the event of reconsideration or hearing by default, the Commission is authorized to take decisions in due course without the presence of the Athlete or other Person.
35. A Commission’s decision shall be taken by a simple open majority vote (unless a different kind of voting is adopted at a Commission’s meeting) and the results of the hearing are recorded in the minutes (protocol). In case of a tie (equally divided votes), the taken decision shall be the decision supported by the Chairperson of the Commission, or in his absence by the Deputy-Chair.
36. The minutes of the hearing is signed by the Chairperson of the Commission, or in his absence by the Deputy-Chair and the Secretary of the Commission.
37. The information provided in minutes of the hearing shall describe the circumstances relevant to the establishment of the anti-doping rule violation and its effect, including the circumstances that constitute the basis for reduction or elimination of the period of ineligibility.
38. Any dissent from the decision or an individual opinion of any member of the Commission shall be expressed in the written form and attached to the minutes.
39. The minutes of the hearing shall be transferred to NADA within three business days after the end of hearings.
40. Decisions, taken in accordance with the current Regulations, are subject to appeal in the manner prescribed by the law.
41. The proceedings (clerical work) of the Commission are conducted according to the legislation of the Republic of Belarus. The Commission’s documentation is kept in the NADA’s archives.
42. The members of the Commission shall keep all the information relating to: an anti-doping rule violations investigation; analysis results and reports received from laboratories; athlete’s medical condition and health problems and other medical records, submitted by an Athlete or Athlete’s physician/doctor or any data submitted by the athlete in his/her application for TUE, strictly confidential.
43. The members of the Commission should use any information received from NADA only to the extent required for its activities.
44. The Members of the Commission are responsible for the disclosure of confidential information to any third party in accordance with the legislation of the Republic of Belarus.