A REVIEW ON DOPING IN SPORTS IN TERMS OF SPORTS LAW AND PENAL LAW IN THE LIGHT OF TURKISH LEGISLATION

Authors

  • Nisan Yuce Асоціація адвокатів Ізміру

DOI:

https://doi.org/10.18372/2307-9061.53.14295

Keywords:

sports law, penal law, doping, anti-doping, biological passport, disciplinary offenses, sporting disputes, procedure, arbitration, CAS

Abstract

Objective: the main objective of this paper is to study on the offense of doping and how it is regulated in Turkish law in terms of both sports law and penal law. Methods of research: general scientific, philosophical and specially-legal methods of scientific research have been used. A system analysis method has been used to determine doping, the activity of Turkish doping control agencies and specific of the judicial process, proof and evidence in trial in this issue. A dogmatic method was valuable to formulate conclusions and recommendations of practical character within the research issues concerning the prevention of doping use in sport by the Turkish legislation. Results: the movement against doping has only started in the 20th Century, and with the workings of the sports federations, the States and international organizations, a union is trying to be achieved in the fight against doping. Turkey has also established its own institutes and committees in accordance with the international conventions that Turkey is a party of and prepared regulations in accordance with the WADC and its prohibited lists. Nevertheless, to create a full unity, an effective control mechanism must be applied. The prevention of the application of doping or the imposing of the necessary sanctions is a matter of right implementation of the law. Discussion: it was based on whether the current regulations were effective enough to fight against the use of doping.

Author Biography

Nisan Yuce, Асоціація адвокатів Ізміру

адвокат

References

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History of Hacettepe University Turkish Doping Control Center. URL: http://www. tdkm. hacettepe.edu.tr/ (date of access: 26.08.2019).

History of Turkish Anti-Doping Commission. URL: http://www.tdmk.org.tr/ (date of access: 26.08.2019).

Constitution of Republic of Turkey. URL: https://global.tbmm.gov.tr/docs/constitution_en. pdf (date of access: 26.08.2019).

Gerceker Hasan. Spor Hukuku, Seckin Yayincılik, Ankara, October 2016. 732 p.

Turkish Anti-Doping Regulations. URL: http://www.tdmk.org.tr/turkiye-dopingle-mucadele-talimati/ (date of access: 26.08.2019).

Unver Yener. Sporda Doping ve Ceza Hukuku. Journal of Yeditepe University Faculty of Law. Volume 5. Issue 2. December 2008. Pages 41-94.

Simsek Alparslan. Dopingle Mucadele Kural Ihlali Halinde Kusursuz Sorumluluk ve Ispat Kulfeti. Journal of Union of Turkish Bar Association. Volume 27. Issue 117. March 2015. Pages 363-378.

Published

2019-11-27

How to Cite

Yuce, N. (2019). A REVIEW ON DOPING IN SPORTS IN TERMS OF SPORTS LAW AND PENAL LAW IN THE LIGHT OF TURKISH LEGISLATION. Scientific Works of National Aviation University. Series: Law Journal "Air and Space Law", 4(53), 85–91. https://doi.org/10.18372/2307-9061.53.14295

Issue

Section

CONSTITUTIONAL AND ADMINISTRATIVE LAW