LAW OF THE REPUBLIC OF MOLDOVA

of February 16, 2023 No. 24

About prevention of dope in sport and fight against it

The Parliament adopts this organic law.

Chapter I General provisions and concepts

Article 1. Subject and purpose of the law

(1) This law regulates prevention of dope in sport and fight against it at the national level by acceptance and realization of anti-doping policy and anti-doping rules, encouragement of occupations with net sport for the purpose of protection of health of athletes and respect for integrity of sport and the principle of fair play in sport, counteractions to dope by means of application of strict rules and sanctions, supports of researches of phenomenon of dope, promotion of state policy in the field of health protection of the person and healthy lifestyle.

(2) the Purpose of this law is protection of basic rights of the athlete and citizens to go in net, without dope, for fair sport, with observance of health protection and sports ethics.

Article 2. Legal base

Activities in the field of prevention of dope in sport and fight against it are regulated by the Constitution of the Republic of Moldova, international treaties which party is the Republic of Moldova, in particular the International convention of UNESCO about the fight against dope in sport accepted in Paris on October 19, 2005 (the ratified Law No. 298/2007), the Convention against doping accepted in Strasbourg on November 16, 1989 (the ratified Law No. 247/2008) and the Additional protocol to the it, the Convention of the Council of Europe against manipulation sports competitions accepted in Maglingene/Makolin on September 18, 2014 (ratified by the Law No. 285/2018), the World anti-doping code approved by the World Anti-Doping Agency with the subsequent changes, this law, anti-doping rules and other regulations governing the relations in the field.

Article 3. Scope of application

Fall under operation of this law:

a) athletes;

b) support personnel of athletes;

c) amateur athletes;

d) any persons participating in the sports competitions and actions or sports events which are taking place in the Republic of Moldova;

e) national sports federations and the personnel hired by them or being in legal relationship with them;

f) the hired personnel of the National anti-doping agency, including members of Board of the Agency;

g) members of the commission on hearings and the Appellyatsionny commission;

h) members of the commission on provision of permissions to therapeutic use, members of other commissions founded by the National anti-doping agency;

i) the delegated third parties and their personnel involved in any of aspects of drug test;

j) persons involved in any of aspects of drug test;

k) organizers of sports competitions, including their members and legitimate personnel, members of administrative boards, directors and officers;

l) any other person concerning whom this law gives to the National anti-doping agency authority, including all athletes who are citizens or residents of the Republic of Moldova and all athletes who are in the Republic of Moldova for participation in competitions, trainings or for other purposes.

Article 4. Basic concepts

For the purposes of this law the following basic concepts mean:

the agreement without damage - in value of Article 57 - the written agreement signed between the anti-doping organization and the athlete or the other person, allowing the athlete or the other person to provide information of the anti-doping organization during the established period with recognition of the fact that if during the specified period the agreement on essential assistance or the agreement on case settlement will not be signed, information provided by the athlete or the other person during the specified period will not be used by the anti-doping organization against the athlete or the other person during any procedure of the processing of results which is carried out according to the World anti-doping code (further - the Code), and information provided by the anti-doping organization in this specific context will not be used by the athlete or the other person against the anti-doping organization in any procedure of processing of results which is carried out according to the Code. Such agreement does not interfere with the anti-doping organization, the athlete or other person to use information or proofs collected from any source except as within the established period provided in the agreement;

anti-doping measures - the activities including anti-doping informing and anti-doping education, scheduling of conducting testings, maintenance of the registered testing pool, management of biological passports of athletes, conducting testings, the organization of the analysis of tests, information collection and conducting investigations, consideration of requests on permission to therapeutic use, processing of results, carrying out hearings, monitoring and accomplishment of all imposed effects, and also any other types of activity in the field of fight against dope which are carried out by the anti-doping organization and from her name as it is provided by the Code and/or international standards;

ADAMS - system of anti-doping administration and management, the management tool of the database with use of the Internet for input, storages, distribution of data and the reporting intended for assistance to beneficiaries and the World Anti-Doping Agency (further - WADA) in anti-doping activities, according to regulations on processing of personal data;

application - provision, delivery, supervision, assistance or any other kind of participation in use or attempt of use by the other person of the prohibited substance or the prohibited method. This determination does not extend to fair actions of medical personnel for use of the prohibited substance or the prohibited method in the true and legal therapeutic purposes or on other acceptable reasons, and also does not extend to actions with the prohibited substances which are not prohibited during the out of competition period if only circumstances are not specified in general that the corresponding prohibited substances or do not intend for the true and legal therapeutic purposes or are used for improvement of sports results;

initial hearing - in value of Article 30 - short emergency hearing which is carried out before the hearing provided in Chapter VII and which provides the notification of the athlete and provision to it opportunity to be heard in oral or written form;

body for testing - the anti-doping organization which resolves testing of athletes concerning whom has powers;

aggravating circumstances - the circumstances connected with the actions made by the athlete or the other person or the actions made by them which can serve as reasons for purpose of term of the discharge exceeding standard punishment. These circumstances and actions include, but without being limited to them, the following:

a) the athlete or the other person used or owned more than one prohibited substance or by method, used or owned the prohibited substance or method more than once or made more than one other violation of anti-doping rules;

b) there is probability that the ordinary person can use the effect improving results caused by violation of anti-doping rules after the expiration of the discharge applicable otherwise;

c) the athlete or the other person showed the misleading or obstructive behavior to avoid detection of violation of anti-doping rules or legal proceedings on it;

d) the athlete or the other person took part in falsifikatsionny actions throughout the procedure of processing of results.

In order to avoid any doubts, the given examples of circumstances and behavior are not exhaustive, and other similar circumstances or behavior can serve as reasons for purpose of longer term of discharge;

National Olympic Committee - the organization recognized by the International Olympic Committee. In the Republic of Moldova this organization is the National Olympic and sports committee;

competition - single race, match, game or single sports competition (for example, basketball match or the final of running on 100 meters in the Olympic Games). For multi-stage races and other sports competitions where prizes are awarded daily or with other intervals, differentiation between sports competition and sporting event is established according to rules of the relevant international federation;

effects of violations of anti-doping rules (further - effects) - violation by the athlete or other person of anti-doping rules can bring to one or several of the following effects:

a) disqualification - cancellation of the results of the athlete received in any sports competition or action, with all that it implies, including withdrawal of medals, points and prizes;

b) discharge - imposed on the athlete or other physical person for a certain period of time will lock, proved by violation of the anti-doping rule, on participation in any competition, on implementation of any activities or on receipt of financing according to Article 66;

c) temporary discharge - the temporary ban on participation in any sports competition or sports activities imposed on the athlete or the other person before acceptance of the final decision within the hearings which are carried out according to Articles 28-31;

d) financial effects - the sanction of financial nature imposed owing to violation of the anti-doping rules or for expense recovery connected with this violation;

e) public informing - the publication or distribution of information for the general public or other persons, than persons having the right to the prior notice according to Chapter VIII and National anti-doping rules.

In team sports concerning team the effects provided in Article 68 can be also appointed;

drug test - all stages and processes, beginning from scheduling of conducting testings and before acceptance of the final decision in case of the appeal and imposing of effects, including all intermediate steps and processes, including without limitation it: testing, investigations, information on the location, permissions to therapeutic use, sampling and the address with tests, the laboratory analysis, processing of results, and also the investigations or procedures concerning violation of provisions of Article 66;

the technical document - the document accepted and periodically published by WADA, containing mandatory technical requirements on the certain anti-doping aspects provided by the international standard;

education - the training process directed to instilling of values and development of the behavior advancing and protecting spirit of sport, and preventing intentional or unintentional use of dope;

falsification - the intended behavior interfering carrying out process of drug test, but which otherwise would not fall under determination of the prohibited method. Falsification includes, without being limited to it, the following: the offer or acceptance of bribe for execution or non-execution of action; preventing to sampling; influence or bringing to impossibility of carrying out the analysis of test; forgery, the provided anti-doping organization, the commission on provision of permissions to therapeutic use or the commissions on hearings; acquisition of false evidences of witnesses; making of any other fraudulent actions concerning the anti-doping organization or the commission on hearings breaking processing of results or imposing of effects; intended creation of any other obstacles or any other similar attempts of intervention in any aspect of drug test;

processing of results - the process covering period of time between the notification provided in Article 5 of the International standard on processing of results, or in certain cases (for example, the atypical results, the biological passport of the athlete, violations connected with information on the location) between the stages of the prior notice which are directly provided in Article 5 of the International standard on processing of results by means of brining a charge and before final consideration of the case, including completion of the procedure of hearings in the first instance or on circumstances in appellate instance;

institutional independence - the principle according to which bodies for consideration of appeals shall be completely institutionally independent of the anti-doping organization responsible for processing of results. Therefore, they in any form shall not be controlled the anti-doping organization responsible for processing of results, to be with it connected or to submit to it;

operational independence - the principle according to which board members, employees, members of the commissions, consultants or officials of the anti-doping organization responsible for processing of results, or the organizations in its structure (for example, federation or confederation), and also any persons participating in the procedure of investigation and ministerial procedure of preliminary trial on case cannot be appointed as members and/or secretaries/registrars (in that measure in which the secretary/registrar participates in process of discussion and/or creation of decisions) the commissions on hearings in the anti-doping organization responsible for processing of results, and according to which the commissions on hearings shall have opportunity to carry out process of hearings and to make decisions without intervention of the anti-doping organization or the third party. The purpose of operational independence consists in guaranteeing that members of the commission on hearings or persons participating otherwise in decision making by the commission on hearings did not take part in legal investigation or decision making on case referral for consideration in degree of jurisdiction;

competitive - the period which is beginning at 23:59 a day before the competition in which participation of the athlete is declared, and coming to the end upon termination of this competition and process of the sampling relating to this competition, except for situations when WADA approves alternative determination for specific sport if the international federation provides reasonable reasons for need of other determination for the corresponding sport;

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