General characterization of crimes that encroach on the relations ensuring the health of the population in sports (Article 230.1 and Article 230.2 of the Criminal Code of the Russian Federation)

The number of crimes against the health of the population is constantly increasing. Thus, the Federal Law No. 392-Fz On amending the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation (to increase responsibility for violation of anti-doping rules) of November 22, established criminal responsibility for acts that encroach on public relations that ensure the health of the population in sports. Article 230.1 and Article 230.2, which criminalize the commission of actions related to the violation of anti-doping rules supplemented this law. There were two reasons for the criminalization of these acts: first, the tightening of the anti-doping measures provided for by the World Anti-Doping Code of WADA in 2015, and, second, the increased number of cases of the violation of anti-doping rules. The purpose of the author of the present article is a criminal-legal analysis of Article 230.1 and Article 230.2 of the Criminal Code of the Russian Federation, and federal laws and other regulations governing relations in sports. The article notes that the problem of doping in sports did not pass Russia by and this led to the need to develop and adopt a legal framework of activity aimed at counteracting this negative social phenomenon. In particular, the Federal Law No. 329 -FZ On Physical Culture and Sports in the Russian Federation of December 4, 2007, was passed. All-Russian anti-doping rules, approved by the order of the Russian Ministry of Sport on August 9, 2016 No. 947 were adopted in compliance with this law. In addition, the lists of substances and/or methods banned for sports were developed and later approved by the order No. 1052. of the Russian Ministry of Sport of December 6, 2017. The article notes that criminal liability in Russia entails the violation of not all anti-doping rules enshrined in the current legislation regulating public relations in sports, but of some of them. Thus, there is no criminal responsibility for violation of anti-doping rules by the athletes themselves. A special list of substances and/or methods banned for sports was developed for Article 230.1 and Article 230.2 and it was approved by the Russian Government's decree No. 339 of March 28, 2017. The present article gives a criminal-legal characterization of the acts in Article 230.1 and Article 230.2 of the Criminal Code of the Russian Federation; it examines the features of the object, the objective side of these acts, the subject and the subjective party.

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