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DOI: https://doi.org/10.34069/AI/2024.77.05.13
How to Cite:
Ivanchenko, E., Tesliuk, Y., Samoylenko, G., Plutytska, K., & Diachkova, M. (2024). Responsibility for the smuggling of doping
substances in sport: an analysis of the violation of customs control. Amazonia Investiga, 13(77), 170-187.
https://doi.org/10.34069/AI/2024.77.05.13
Responsibility for the smuggling of doping substances in sport: an
analysis of the violation of customs control
Відповідальність за контрабанду допінгових речовин у спорті: аналіз порушення митного
контролю
Received: April 7, 2024 Accepted: May 25, 2024
Written by:
Eduard Ivanchenko1
https://orcid.org/0009-0006-2669-8592
Yaryna Tesliuk2
https://orcid.org/0000-0002-7010-1080
Georgiy Samoylenko3
https://orcid.org/0000-0002-9455-1553
Kateryna Plutytska4
https://orcid.org/0000-0002-0280-0453
Mariia Diachkova5
https://orcid.org/0000-0003-4449-7648
Abstract
The study aims to determine the liability for
violations of customs control in the area of doping
substance smuggling. In most countries,
smuggling is defined by criminal, administrative,
and customs legislation. This type of illegal
activity causes significant damage to the state's
economy, disrupts public order in international
trade, and undermines state sovereignty. Despite
the international legal nature of smuggling, there is
still no multilateral agreement to combat this type
of crime. Modern smuggling is characterized by a
high level of organization, technical equipment,
and international connections. Therefore, effective
combating of this violation of public order
becomes possible only with close cooperation
between countries. Due to the increasing instances
of doping use in sports and its cross-border spread,
customs control becomes a key element in
1
Ph.D., Adviser to the Association of Customs Brokers of Ukraine, Doctoral Student, Academician F. H. Burchak Scientific-Research
Institute of Private Law and Entrepreneurship of National Academy of Law Sciences of Ukraine.
2
Ph.D., Associate Professor of the Department of Administrative and Information Law of the Institute of Law, Psychology and
Innovative Education of the Lviv Polytechnic National University, Ukraine.
3
Doctor of Legal Sciences, Professor of Civil Law Department of Zaporizhzhia National University, Ukraine.
4
Ph.D, Associate Professor of the department of the criminal law and law enforcement, Zaporizhzhia national university, Ukraine.
5
Ph.D., Associate Professor, Head of the Department of Postgraduate and Doctoral studies, National University "Odesa Law
Academy", Ukraine.
Ivanchenko, E., Tesliuk, Y., Samoylenko, G., Plutytska, K., Diachkova, M. / Volume 13 - Issue 77: 170-187 / May, 2024
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ensuring public safety. Given the above,
examining the legal aspects related to the
smuggling of doping substances across customs
borders, considering international experience, is
relevant and necessary. The aim of the study is to
analyze the peculiarities of liability for violations
of customs control in the area of doping substance
smuggling. The research methodology includes
methods such as document and information
analysis, logical method, modeling method,
comparison method, and systemic method. As a
result of the study, the liability of individuals and
legal entities involved in doping substance
smuggling under national and international law is
analyzed. In particular, the interaction between
customs control bodies, law enforcement agencies,
and sports organizations in detecting and
combating doping smuggling is examined. The
study highlights the possibility of improving
legislation and increasing the effectiveness of
customs control to prevent the spread of doping in
sports. The importance of international
cooperation and information exchange between
countries to effectively counter this negative
phenomenon is noted.
Keywords: sport, doping, smuggling of doping
substances, responsibility for violation of customs.
Introduction
The problem of doping in sports is one of the main topics that is constantly discussed. Although doping can
help athletes improve their performance by strengthening muscles, reducing fatigue, and relieving pain, its
use carries significant health risks. This can lead to serious consequences, including disability or even death.
Many drugs are banned in sports because of their negative effects on the health of athletes.
Every year, the World Anti-Doping Agency (WADA) publishes an updated list of prohibited substances,
which are divided into several categories. These include stimulants, which improve concentration and
reduce fatigue but can harm the heart; steroids that help increase muscle mass and strength but are
dangerous to organs such as the liver and heart; hormones that are dangerous for health when used
uncontrollably; diuretics, which mask the use of other prohibited substances and can cause dehydration;
drugs that help relieve pain but can cause injuries; and cannabinoids (except cannabidiol), which can impair
coordination and concentration (WADA, 2024). Therefore, the issue of transporting doping substances
across the customs border is particularly relevant.
Violations of customs control in the field of smuggling of doping substances are a serious challenge for
sports ethics and global health. Doping substances can not only cause unfair advantages in sports but also
seriously undermine the health of athletes and violate the principles of fair competition. Customs control
plays a key role in preventing the spread and use of banned substances in sports. Responsibility for violation
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of customs control in this context requires careful consideration and effective measures. Strict customs
procedures and international standards are important elements in detecting and preventing the smuggling
of doping substances. In addition, it is important to establish responsibility for those who violate customs
regulations and introduce dangerous substances into the sports environment.
The responsibility of offenders and the fight against violations of customs control in the field of smuggling
of doping substances requires a comprehensive approach and effective cooperation between countries.
Ensuring integrity and safety in world sports requires the creation and observance of international norms
that regulate customs procedures and control the movement of doping substances.
In this study, we will focus on examining the problematic issues and consequences of violations of customs
control in the field of smuggling of doping substances, as well as the importance of the implementation and
observance of international standards to ensure integrity and safety in sports.
The object of the study is responsibility for violation of customs control in the field of smuggling of doping
substances.
The subject of the study is the relationship that arises, changes, and ends during prosecution for violation
of customs control in the field of smuggling of doping substances.
The task of the research is:
− Study of the peculiarities of smuggling of doping substances in sport;
− Consideration of specifics of responsibility for violation of customs control in the field of smuggling;
− Analysis of problematic issues of prosecution for violation of customs rules in the field of customs
control of smuggling of doping substances.
Legal Framework of the article consists of the following:
International Conventions and Agreements:
The UNESCO International Convention against Doping in Sport (2005) sets out measures to combat
doping, including provisions on trafficking and smuggling of doping substances. It obliges signatory
countries to adopt appropriate measures to prevent and punish doping-related activities.
The World Anti-Doping Code (WADC), administered by the World Anti-Doping Agency (WADA),
establishes international standards for anti-doping policies, including trafficking and possession of
prohibited substances.
National Legislation:
Countries implement their own anti-doping laws in line with international commitments. For example, the
Controlled Substances Act in the United States classifies many doping substances as controlled substances,
making their trafficking a federal crime.
The Anabolic Steroid Control Act (1990, amended in 2004) in the U.S. specifically addresses anabolic
steroids, enhancing penalties for smuggling and illegal distribution.
European Union member states have harmonized legislation under the EU Anti-Doping Policy, requiring
member countries to implement laws and regulations consistent with WADA standards.
Customs and Border Protection Regulations:
Customs authorities play a critical role in intercepting smuggled doping substances. National customs
agencies collaborate with international bodies to monitor and control the flow of prohibited substances
across borders.
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Laws often empower customs officials to search, seize, and detain substances suspected of being used for
doping.
Consequences of smuggling doping substances:
Criminal Penalties:
Imprisonment: Convictions for smuggling doping substances can result in significant prison sentences. The
length of imprisonment varies by jurisdiction and the nature of the offense. For example, in the U.S.,
trafficking anabolic steroids can result in up to 10 years in prison.
Fines: Offenders may face substantial fines. Penalties can range from thousands to millions of dollars,
depending on the scale of smuggling operations and the jurisdiction.
Administrative Sanctions:
Suspension and Bans: Athletes and support personnel found guilty of smuggling doping substances can
face long-term suspensions or lifetime bans from sports.
Revocation of Licenses: Professionals such as coaches, trainers, or medical personnel may lose their
professional licenses and accreditation.
Civil Penalties:
Asset Forfeiture: Authorities may seize assets connected to the smuggling operation, including money,
property, and vehicles used in the transport of doping substances.
Damages and Compensation: Civil lawsuits may be filed against individuals or organizations involved in
smuggling, seeking damages for harm caused by the illegal distribution of doping substances.
Reputational Damage:
Public Disclosure: Convictions and sanctions are often publicly disclosed, leading to significant
reputational harm for individuals and organizations involved.
Loss of Sponsorships: Athletes and teams may lose sponsorship deals and endorsements, impacting their
financial standing and career prospects.
Impact on Sports Organizations:
Institutional Penalties: Sports clubs, teams, or organizations involved in or complicit with smuggling
operations may face sanctions, including fines, exclusion from competitions, and loss of privileges.
Policy Reforms: Incidents of smuggling often lead to stricter regulations and enhanced anti-doping
measures within sports organizations.
Enforcement and Cooperation
International Cooperation:
Law enforcement agencies across countries cooperate through organizations like INTERPOL and Europol
to combat the smuggling of doping substances.
Joint operations and intelligence sharing are crucial in dismantling international smuggling networks.
Education and Prevention:
Many countries invest in educational programs aimed at athletes, coaches, and the public to raise awareness
about the legal and health risks associated with doping.
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Preventive measures include rigorous testing protocols and promoting a culture of clean sport.
Technological Measures:
Advanced Detection: Technologies such as mass spectrometry and bioinformatics are employed to detect
smuggled substances more effectively.
Data Analytics: Big data and machine learning are increasingly used to identify patterns and predict
smuggling activities, allowing for preemptive actions.
Overall, the legal framework surrounding the smuggling of doping substances is comprehensive and
multifaceted, involving international treaties, national laws, and cooperative enforcement strategies. The
consequences for smuggling are severe, reflecting the global commitment to maintaining the integrity of
sports and protecting the health of athletes.
The article consists of the several sections:
Theoretical Framework or Literature Review
This section reviews the existing literature on doping in sports, including the health risks associated with
doping substances and the rationale behind their prohibition. It discusses the categories of prohibited
substances as outlined by the World Anti-Doping Agency (WADA), such as stimulants, steroids, hormones,
diuretics, pain relievers, and cannabinoids, and the specific health risks they pose. The section also explores
the ethical implications of doping, its impact on fair competition, and the role of customs control in
preventing the smuggling and spread of these substances in the sports environment.
Methodology
This section outlines the research methods used to investigate the issues related to the smuggling of doping
substances and the enforcement of customs control. It describes the data collection process, which includes
the analysis of legal documents, international standards, and case studies of customs violations. The
methodology involves a combination of empirical research and comparative analysis to examine the
responsibility and prosecution for violations of customs control in different countries. It also discusses the
criteria for evaluating the effectiveness of customs procedures and international cooperation in combating
the smuggling of doping substances.
Results and Discussion
This section presents the findings of the study, detailing the problematic issues and consequences of
violations of customs control in the smuggling of doping substances. It analyzes specific cases of
smuggling, the methods used to circumvent customs controls, and the challenges faced by authorities in
detecting and preventing these activities. The discussion includes an evaluation of the current legal
frameworks and the effectiveness of international standards in regulating customs procedures. It highlights
the importance of establishing clear responsibilities and stringent measures to combat smuggling, as well
as the need for effective international cooperation to ensure the integrity and safety of global sports.
Conclusion
The final section summarizes the key findings of the study and their implications for the fight against the
smuggling of doping substances. It emphasizes the necessity of robust customs control and the enforcement
of international standards to prevent the spread of banned substances in sports. The conclusion calls for a
comprehensive approach to tackling these issues, including stricter penalties for violators, enhanced
international collaboration, and continuous updates to legal and regulatory frameworks. It also underscores
the critical role of maintaining the principles of fair competition and protecting the health of athletes in the
global sports arena.
Theoretical Framework or Literature Review
In general, there are several legal and criminological theories related to smuggling and liability.
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Legal Theories
Deterrence Theory:
Principle: This theory posits that stringent legal penalties and the likelihood of being caught deter
individuals from engaging in illegal activities, such as smuggling doping substances.
Application: Enhancing the severity of penalties for smuggling and increasing customs inspections can
reduce the incidence of these crimes.
Strict Liability:
Principle: Under strict liability, individuals can be held accountable for smuggling doping substances
regardless of intent or knowledge.
Application: This legal approach ensures that anyone involved in the transportation, distribution, or
possession of banned substances is liable, emphasizing the importance of compliance with customs
regulations.
International Law and Cooperation:
Principle: International treaties and agreements, such as the UNESCO International Convention against
Doping in Sport, establish a cooperative legal framework to combat the global issue of smuggling doping
substances.
Application: Countries are obliged to harmonize their laws with international standards, facilitating cross-
border cooperation in enforcing anti-smuggling measures.
Criminological Theories
Routine Activity Theory:
Principle: This theory suggests that crime occurs when there is a convergence of motivated offenders,
suitable targets, and a lack of capable guardianship.
Application: Strengthening customs controls and surveillance reduces the opportunities for smuggling
doping substances by increasing the guardianship component.
Strain Theory:
Principle: This theory posits that individuals may turn to crime, such as smuggling, when they experience
strain or pressure, particularly due to the high demands and competitive nature of sports.
Application: Addressing the underlying pressures on athletes and providing support systems can reduce the
motivation to engage in doping and smuggling.
Social Learning Theory:
Principle: According to this theory, individuals learn criminal behavior, including smuggling, through their
associations with others who engage in such activities.
Application: Implementing educational programs that promote ethical behavior and the consequences of
smuggling can counteract the influence of peers who may endorse such illegal activities.
These theories provide a comprehensive understanding of the legal and criminological aspects of smuggling
doping substances, highlighting the importance of effective legal frameworks and enforcement, as well as
addressing the social and psychological factors that contribute to this illegal activity.
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It is within the framework of the above theories that scientists, whose work is analyzed in this article,
conduct their research. They are: Androschuk, Babikov, Barkhan, Demchuk, Dykiy, Izmailova, Shcherbak,
Kekish, Tymoshenko, Fedchenko, Kravchenko, Kutuev, Bukalerova, Houlihan, García, Donati, Thevis,
Geyer, Thomas, and Schänzer.
Androschuk (2020) analyzed the issue of the spread of the trend of counterfeiting drugs. In particular, the
activity of Europol and the fact that there is an "alarming trend" of illegal importation of contraband drugs
into the EU market, as well as the growth of circulation in the EU of oncological drugs stolen from hospitals,
were noted. Asia is identified as the main source of both medical drugs and doping agents. Wholesalers
deviate from the legal supply chain and resell products to criminal groups. Counterfeit medicines are
manufactured and packaged illegally in underground laboratories, often in the EU. Thus, arrests were made
in Belgium, Cyprus, Finland, France, Greece, Hungary, Italy, Portugal, Slovakia, Spain, Ukraine and Great
Britain. This circumstance also has the consequence that in these countries doping substances are also
manufactured for further smuggling.
The moment of the end of criminal offenses related to the illegal movement of objects across the customs
border of Ukraine became the object of research by Babikov (2022). The author drew attention to the fact
that taking into account the content of Article 201 of the Criminal Code and judicial practice, in particular
the practice of the Court of Cassation of the Supreme Court, as well as taking into account the views
expressed in criminal law science, it can be concluded that the moment of completion of smuggling depends
significantly on the place, direction, the form and method of moving the objects of this criminal offense.
The key question is: is the object of contraband imported into the territory of Ukraine or, on the contrary,
exported from the territory of Ukraine? At the same time, the author notes that despite a large number of
supporters of this approach, one should doubt the position according to which the moment of the end of
smuggling is determined by the actual movement of objects across the customs border of Ukraine since this
position does not correspond to the "spirit" of criminal legislation and the priorities of the state's criminal
law policy in the field of combating shady "import-export" schemes of circulation of certain items. Based
on the analysis of the positions expressed in the legal literature regarding the correct determination of the
moment of the end of smuggling for criminal legal qualification, the author believes that it is appropriate
to support the thesis that the transfer of the moment of the end of smuggling to an earlier stage than the
actual crossing of the customs border is possible only after making changes to Article 201 of the Criminal
Code. We agree with this thesis and believe that the issue of the moment of committing smuggling should
be additionally regulated.
Ways of committing smuggling under martial law conditions are studied in the work of Barkhan (2022). It
is noted that the methods of committing smuggling, which are determined by the functional and
deterministic content of illegal activities regarding the movement of goods outside customs control or with
evasion from customs control, have their differences depending on the type of transport used to transport
contraband objects. The temporary introduction of a legal regime of martial law in Ukraine in the context
of the escalation of the armed aggression of the Russian Federation led to the emergence of a new way of
evading customs control of smuggling, in particular by transporting goods across the customs border of
Ukraine under the guise of humanitarian aid. In this regard, the selection of modern methods of committing
smuggling under martial law conditions will contribute to more effective detection of this activity, as well
as contribute to the improvement of the system of countermeasures against violations of customs rules in
general. We agree with the author's position that the issue of transporting, for example, doping substances
outside customs control depends on several circumstances, including the type of transport.
Demchuk (2019) considered the topic of improving the activities of customs authorities in the field of
combating smuggling. In particular, according to the author's opinion, with which we agree, a
comprehensive approach is necessary. Improving the work of customs authorities in carrying out customs
control to combat smuggling is possible if the development of international cooperation, progress in the
field of information technologies, and active interaction between agencies from other spheres of law
enforcement are taken into account. In addition, the automation and digitization of processes play a
significant role to avoid corruption risks.
The state policy of preventing and countering economic crime in the system of guaranteeing the economic
security of Ukraine was considered by Dykiy (2023). Economic crime has a significant impact on the
system of economic security of the state, as it is a destructive factor that disrupts the system of economic
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relations at various levels, both internal and external. Economic crime is an interdisciplinary category, as it
occupies an important place in the object-subject field of economic, sociological, political, legal, and public
administration sciences. Identification of the consequences of economic crime is essential for the
development of state policy in the field of prevention and countermeasures against this phenomenon, which
is a key tool for guaranteeing the economic security of the state. This approach will allow us to fully reveal
the scientific problem of economic crime and to develop new strategies for effective prevention and
countermeasures against this phenomenon.
The following authors paid attention to the issues of combating economic crimes and the importance of
legalizing the shadow economy in Ukraine: Kolomoiets, Tsybulnyk, Moroz, Prymachenko, and Khashev
(2021). The authors concluded, that the availability of a considerable variety of types and forms of the
shadow financial transactions implementation requires the implementation of a measures complex, aimed
at timely identification and prevention, development of methodological instruments for assessment of the
effects from the existence of the shadow sector in the national economy.
Izmailova and Shcherbak (2005) deal with the issue of doping and combating it. Kekish (2019) investigated
the foreign experience of using customs control in combating the smuggling of goods. The relevance of the
problem of smuggling of goods as a dangerous social phenomenon was considered and the essence of this
phenomenon was analyzed within the framework of the customs legislation of Ukraine. The monitoring of
the control activities of fiscal authorities for the detection of customs offenses and the prevention of
smuggling of goods was carried out. Features of customs control in Ukraine and abroad are highlighted.
Various types of customs control are specified, and attention is paid to customs post-audit in the activities
of fiscal bodies. The procedures for carrying out customs post-audit in such countries as Korea, Ireland,
France, Bulgaria, and others are described in detail. It has been established that in global practice, almost
the entire process of customs clearance and customs control is based on the use of a risk management
system. It is emphasized that to reduce smuggling phenomena and effectively support international trade,
customs authorities should take measures to increase the efficiency and effectiveness of control and
inspection work. Directions for improving customs control are proposed, including the establishment of
cross-border cooperation with the customs services of foreign countries, the use of modern technical means
of control, the latest methods in the training and activities of canine teams, as well as the improvement of
the customs control mechanism taking into account foreign customs post-audit practices and other aspects.
What is more, Tymoshenko (2021) analyzed modern smuggling schemes. The author noted that in modern
conditions there are gaps in the legislation, which create the problem of the lack of effective tools for
countering violations of customs rules. For example, the legislation does not establish mandatory sealing
of vehicles and 80% of goods moving on the territory of Ukraine are not provided by the importer. As a
result, there is an opportunity to simply replace or "drown" the cargo. Fedchenko and Kravchenko (2021)
investigated the application of legislation on smuggling and customs violations.
Moreover, Kutuev, Bukalerova, and Ulezko (2018) considered the issue of responsibility for the use of
doping in sports, as well as the transportation of doping substances. In particular, the article focuses on the
modeling of criminal liability for the organization, distribution, and use of substances and (or) methods
prohibited in sports. The article substantiates and discloses the need to establish criminal liability for the
use of substances and (or) methods prohibited in sports for various categories of subjects, such as
professional athletes, non-professional athletes, officials, medical personnel who organize the use of
substances prohibited in sports and (or) methods, trainers and other persons. Also considered is the process
of distribution of drugs prohibited in sports, which may involve other persons related to professional sports,
such as former professional athletes, directors, and managers of sports teams, and other persons with direct
connections and contacts in the world of professional sports.
Research by Houlihan, and García (2012) examined the application of legislation to control the
manufacture, movement, importation, distribution, and supply of performance-enhancing drugs in sport.
Application of legislation to control the production, movement, importation, distribution, and supply of
drugs that increase performance in sports.
Finally, Donati (2007) examined the world circulation of doping. The work reveals the difficulties facing
the anti-doping movement, including the lack of national laws in many countries and the failure to ensure
compliance with existing laws in others. In addition, there is a lack of reliable information for accurately
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highlighting the problem and developing effective solutions. According to the World Anti-Doping Agency
(WADA), this study is the only attempt to quantify the scale of the problem and identify international
trends, bringing together in one report information on the latest developments in the world of international
doping trade.
In Thevis, Geyer, Thomas, Wilhelm, and Schänzer (2011), the main conclusions are that detecting the use
of unauthorized drugs by cheating athletes is a challenge for doping control laboratories, as it is
accompanied by additional difficulties associated with the identification of unknown and uncharacterized
compounds and their metabolites, in contrast to known and studied therapeutic agents. The same applies to
the detection and consideration of doping substances from conventional medicines.
Methodology
The use of the method of document and information analysis contributed to the verification of
documentation thanks to the logical analysis of documents that, for example, accompany the cargo to
identify irregularities and inconsistencies, as well as the information summary of data on senders,
recipients, transport routes and other data to identify logical deviations.
With the help of a logical method, the question of the behavior profiles of offenders in the field of smuggling
of doping substances was investigated. In particular, the logical analysis of transportation histories and
reports positively affects the detection of patterns that may indicate abnormal activity, and the logical
comparison of current data with similar situations in the past helps to identify similar scenarios.
The modeling method, based on the replacement of a specific object of research with another, similar to it,
was used to analyze and forecast possible risks in the field of smuggling of doping substances.
The comparison method is an important tool in the analysis and detection of violations of customs control
in the field of smuggling of doping substances. This method involved the comparison of various aspects
that help identify anomalies or unusual situations. In particular, with the help of this method, it was possible
to compare the regulation of smuggling of doping substances under Ukrainian legislation and under foreign
legislation, as well as a comparison of tools for detecting and combating this type of smuggling was carried
out. Concerning responsibility, both the procedures for bringing to responsibility and the provisions of
sanctions of the articles are compared.
The systematic method in the context of responsibility for violation of customs control in the field of
smuggling of doping substances involves a comprehensive approach to the analysis and solution of the
problem. It is based on the idea of a system as a whole, where each element interacts with others to achieve
a common goal. The systemic approach made it possible to consider the problem of smuggling of doping
substances in the context of a large system, where all elements and factors interact to achieve a common
goal — effective control and prevention of customs control violations.
Results and Discussion
Limitations of the Study
Lack of Empirical Data
One of the primary limitations of this study is the absence of empirical data. While the theoretical and legal
frameworks are well-examined, the study does not include quantitative data or case studies that could
provide a more concrete understanding of the scope and impact of smuggling doping substances. This limits
the ability to measure the effectiveness of current policies and to propose data-driven improvements.
Influence of Unconsidered Factors
The study may not fully account for several external factors that can influence the smuggling of doping
substances. These include:
Technological Advancements:
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Rapid advancements in smuggling techniques and technology could outpace the existing detection methods,
making current anti-smuggling measures less effective.
Economic Factors:
Economic incentives and pressures can drive individuals and organizations to engage in smuggling, which
the study does not deeply explore.
Political Climate:
Changes in political climates and government priorities can affect the enforcement of anti-doping laws and
international cooperation.
Variability in International Cooperation
While international cooperation is emphasized, the study does not delve into the variability and
complexities of such cooperation. Differences in legal standards, enforcement capabilities, and political
will among countries can significantly impact the effectiveness of anti-smuggling efforts. These nuances
are not fully explored, which could lead to an oversimplified understanding of international dynamics.
Focus on Legal and Administrative Frameworks
The study predominantly focuses on legal and administrative frameworks, potentially overlooking the
sociocultural and psychological factors that contribute to smuggling. Understanding the motivations and
social networks of those involved in smuggling doping substances could provide a more holistic approach
to tackling the issue.
Generalization of Findings
The findings and conclusions drawn from the study may not be universally applicable. The study's focus
on specific regions, such as Europe and Ukraine, means that its conclusions might not be relevant in
different geographical or cultural contexts where smuggling dynamics and enforcement mechanisms vary.
Limited Scope on Organizational Responsibility
The study touches upon the role of customs and anti-doping organizations but does not extensively analyze
the operational challenges and resource constraints these organizations face. A deeper examination of these
aspects could provide insights into improving organizational effectiveness in combating smuggling.
By addressing these limitations, future research can build on this study's findings to develop a more
comprehensive and empirically grounded understanding of the smuggling of doping substances and the
effectiveness of anti-doping policies and enforcement mechanisms.
According to the first task regarding the study of the peculiarities of the smuggling of doping substances in
sport, the following was established
Results
Сombating the spread of doping substances in sports is somewhat complicated due to the special status of
sports as an autonomous legal order (Kharytonov et al., 2021). Despite this the international fight against
doping in sports became truly effective after the adoption in 2005 of the UNESCO International Convention
on the Fight against Doping in Sports. This enactment provided the necessary international legal basis for
anti-doping activities, which was effectively lacking before. Until now, all regulatory acts regulating the
fight against doping, due to the non-governmental nature of publishers, had a significant drawback - they
were not universally binding for all participants in world sports. They could be ignored by interested parties
at will. Only after recognizing the universally binding norms of the UNESCO Convention, the Anti-Doping
Code and other anti-doping norms by the UNESCO member states, the high effectiveness of these norms
was achieved. Now it can be reasonably asserted that the responsibility for the use of doping in sports is
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fully supported by the coercive power of all states that have ratified the UNESCO Convention and made it
an integral part of their national legislation (currently, the UNESCO Convention has been ratified by more
than 170 countries of the world) (UNESCO, 2005).
Therefore, the fight against doping is based on effective policies, resources, and means aimed at identifying
and solving various problems and challenges related to doping. Anti-Doping in Sport legislation is designed
to provide an understanding of the main measures defined by the International Convention against Doping
in Sport and to support States Parties in implementing its provisions to strengthen their capacity and skills.
The document defines the role of each governing body and each key stakeholder of the Convention,
indicating their interrelationships. Chapter V (Partnership and Cooperation) emphasizes the importance of
cooperation with sports bodies and other international and national parties to strengthen compliance with
the provisions of the Convention (UNESCO, 2022). Despite the growing popularity of new psychoactive
substances and the increase in online drug trade, traditional smuggling methods and conventional drugs
continue to dominate the Finnish drug market. Cannabis and amphetamines are common, and cocaine use
is on the rise. Sweden has increased its role as an intermediary country in the drug trade to Finland. For
example, drugs are most often imported into Finland from the Baltic countries and Western Europe via
Sweden, using the northern land route, air and sea transport. In addition, mail and express courier shipments
are often used for drug trafficking on the Darknet. A new phenomenon is the smuggling of large
consignments of cocaine in sea containers from South America, possibly for transit. Finland has become a
transit point for drugs moving both to Russia and Europe and from other Nordic countries, especially
Norway. In addition, Finland is used as a transit country for precursors and unclassified precursors
smuggled from Asia to Europe and used in drug production (Tulli Tul Customs, 2019).
At the same time, international law enforcement agencies are actively fighting to detect smuggling of
doping substances. For example, Europol was responsible for the coordination of the third Operation Shield,
a global initiative aimed at combating the illegal circulation of counterfeit drugs and substandard doping
substances. The operation was led by France, Greece, Italy, and Spain, involving police and customs from
28 countries (19 EU members and 9 other countries). The work of the customs authorities was coordinated
by the European Anti-Fraud Office (OLAF), and financial support was provided by the European Union
Intellectual Property Office (EUIPO). The operation was also supported by FRONTEX, the World Anti-
Doping Agency (WADA), the World Customs Organization (WCO), and national medical agencies.
Planned for the period from April to October 2022, the operation was aimed at uncovering and stopping
the trade in counterfeit drugs and illegal doping substances that are used off-label. (EUROPOL, 2022; Notes
Deseguretat, 2023).
Smuggling is also found in the territory of Romania and Moldova. Thus, with the support of Eurojust and
Europol, the Romanian and Moldovan authorities took measures against an organized criminal group
(OCG), which was suspected of trafficking in high-risk doping substances. In the course of joint actions,
11 suspects were arrested and raw materials intended for the production of more than one million doses of
anabolic steroids were seized. Eurojust assisted the authorities in setting up and funding the Joint
Investigation Team (JIT) to investigate the case (Diplomat magazine, 2023).
It is worth noting that the International Anti-Doping Organization believes that in order to succeed in the
fight against doping in sports and therefore to protect the rights of clean athletes around the world, anti-
doping organizations must go beyond simple doping testing. They should develop additional methods for
collecting, sharing, and using information and evidence on the supply and use of prohibited substances and
methods by athletes under their jurisdiction, as well as on their use (World anti-doping agency, 2011). We
agree with this position and believe that there should be cooperation and established communication to
prevent and detect the smuggling of doping substances.
The experience of Sweden regarding the issue of doping smuggling is interesting. On April 1, 2011, a new
law came into force in Sweden, which gives customs authorities the right to seize and destroy substances
that have become the subject of abuse but are not yet classified as narcotics or dangerous goods. This law
gives customs and police officers the ability to confiscate substances that contain ingredients that have not
yet been recognized as drugs or harmful to health but may be recognized as such in the future. The Act on
the destruction of certain substances that are subject to abuse and endanger health defines the powers of
Swedish customs in this context. Swedish customs have been empowered to control goods from countries
that are not members of the European Union, according to the Swedish Customs Service Act. The authority
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to control goods from other EU countries is defined in the Act on the Powers of Swedish Customs at the
border of Sweden with another EU country. In the process of classifying new substances according to their
effects on health, the Public Health Agency and the Medical Products Agency in Sweden play an important
role. Since new chemical substances are constantly being developed, their classification is an important
task from the point of view of health care (Tullverket, 2023).
In addition, it is worth noting that in addition to the detection of smuggling of doping substances during
customs control, it is possible to find out the violation of customs legislation through anti-doping control
of athletes directly. Anti-doping control is an important component of any modern anti-doping program. It
is a complex process that includes testing planning, providing location information, sample collection and
transportation, laboratory testing, therapeutic use requests, results processing, and appeals. An important
element of anti-doping measures is the testing of athletes outside of competitions. Previously, athletes were
often tested for doping already at international competitions, which was too late. This created an
opportunity for those who used doping to stop using it early enough for the substances and their metabolites
to be eliminated from the body. Therefore, out-of-competition testing of athletes, which was first enshrined
in the 2005 UNESCO Convention, significantly increases the effectiveness of anti-doping measures and is
a constant threat to potential violators. As of today, an athlete can be tested anywhere, both during and
outside of competition, from 6 a.m. to 11 p.m. The number of tests per year is not limited and depends on
the plan of anti-doping organizations. Sample collection is carried out by specially trained personnel.
Several specialized structures and organizations participate in anti-doping measures. The anti-doping
organization that collected the samples is processing the research results. Testing of samples is carried out
in WADA-accredited independent anti-doping laboratories, the choice of which depends on the anti-doping
organization (UNESCO, 2005).
It is important to note that one of the key features of responsibility for the use of doping is the principle of
strict personal responsibility of the athlete. The Code stipulates that each athlete is personally responsible
for preventing the use of prohibited substances in his body. Thus, to find an athlete guilty, it is not necessary
to prove his intention, mistake, negligence or awareness of violation of anti-doping rules. It is important to
note that although the subjective side of the violation (ie, intent or negligence) may affect the determination
of punishment, it is only relevant when imposing sanctions on the violator.
It is worth noting that the general strengthening of liability for intentional violations is accompanied by a
tendency to soften punishments for "accidental violators." Where the athlete can prove no fault or
negligence, sanctions may be less severe, including a warning without suspension or a limited suspension
of up to two years (CAS Anti-Doping Division, 2020). Based on the conducted analysis, it can be noted
that the important function of bringing persons to justice for the use of doping is not only punishment, but
also an educational and preventive role. This is especially important for young athletes who witness well-
known cases of doping, where the culprits lose the medals and status for which they have worked for many
years, sometimes even ruining their health.
Therefore, from the above analysis, we can conclude that the smuggling of doping substances is a
phenomenon that is actively being fought both by individual states and by international law enforcement
and anti-doping organizations.
According to the second task regarding the specifics of responsibility for violation of customs control in
the field of smuggling, the following was established
Since 1961, three conventions of the United Nations have recommended treating the illegal supply of
narcotic drugs and psychotropic substances as a criminal offense punishable by imprisonment. However,
since the conventions do not define specific sanctions, there is a significant difference in the possible
punishments for similar crimes in various European countries. The European Union has attempted to reduce
this diversity through Framework Decision 2004/757/JHA, which sets minimum standards for the elements
of criminal acts and orders in the field of drug trafficking. However, two evaluations carried out in 2009
and 2013 by the European Commission emphasized that these minimum rules "have not significantly
affected" the practice of criminal prosecution, sentencing, and punishment in EU member states. (European
Monitoring Center for Drugs and Drug Addiction, 2017).
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Also, it is interesting that the states have agreed to monitor compliance with the requirements of anti-doping
legislation. In particular, the World Anti-Doping Agency (WADA) has the authority to appoint special
"audit groups" to visit countries that have signed the World Anti-Doping Code to assess their compliance
with the obligations stipulated by the Code (Council of Europe, 2022).
Let's consider in more detail the issue of responsibility for smuggling under Ukrainian legislation. Thus,
persons who carry out smuggling and violate customs rules violate the procedure established by the
legislation of Ukraine for the movement of goods and vehicles across the customs border of Ukraine. These
actions harm the country's economy, its cultural heritage, public health, and public safety, and contribute
to the expansion of the shadow sector of the economy. Violation of customs rules, for which a person is
subject to administrative liability, means actions aimed at moving goods across the customs border of
Ukraine with concealment from customs control. This may include the use of specially constructed caches
and other means or methods that make it difficult to detect such goods. Also covered by this concept are
actions that consist of giving goods the appearance of others, using forged documents or documents
obtained by illegal means, or providing false information to revenue and tax authorities to move goods.
This may also include providing false information regarding the name of goods, their characteristics,
quantity, and other parameters necessary for customs control. Smuggling, i.e., actions for which a person
is criminally liable, means the movement across the customs border of Ukraine outside of customs control
or with concealment from customs control of cultural values, poisonous, powerful, explosive substances,
radioactive materials, weapons or ammunition (except for smooth-bore hunting weapons or combat
supplies for it), parts of firearms and rifled weapons, as well as special technical means of secretly obtaining
information, timber or lumber of valuable and rare tree species, unprocessed timber, as well as other timber
prohibited for export outside the customs territory of Ukraine, excise goods (except electric energy),
narcotic drugs, psychotropic substances, their analogues or precursors or falsified medicinal products (Law
No. 2341-III, 2001; Law No. 4495-VI, 2012; Law No. 3513, 2023). Therefore, Ukrainian legislation
establishes administrative and criminal liability for violation of customs control.
Responsibility for violation of customs control in the field of smuggling of doping substances is serious
and can arise at different levels - both at the level of individuals who commit the violations themselves and
at the level of bodies or institutions that must ensure effective customs control.
At the same time, the following are highlighted:
Personal responsibility, in particular:
− Criminal liability (Aa person who smuggles doping substances may be subject to criminal liability
under the laws of the country. This usually includes arrest, fines, and possible imprisonment).
− Administrative liability (According to customs legislation, a person may also be subject to
administrative liability. This may include fines, confiscation of property, and other administrative
sanctions).
Organizational responsibility:
− Customs authorities:
Customs authorities have a great responsibility for ensuring effective customs control.
If they do not perform their duties correctly, it can lead to a loss of control over the movement of doping
substances.
− Anti-doping bodies:
The bodies responsible for the fight against doping in sports also have an important role.
They can cooperate with customs authorities to detect and stop the smuggling of doping substances.
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From the analysis of problematic issues of prosecution for violation of customs rules in the field of
customs control of smuggling of doping substances, the following was established
Responsibility for violation of customs control in the field of smuggling of doping substances can be
determined at different levels, including legal, criminal and administrative responsibility. Investigation of
such violations may include various methods:
1) Intelligence and investigative work (collection of information; analysis of volumes of information;
study of a large volume of data to identify connections and patterns).
2) Technical means:
− Customs scanners and equipment (the use of technical means such as X-ray scanners and other
technologies to detect hidden substances in cargo or containers).
− Electronic monitoring (monitoring of electronic communications and financial transactions to
detect suspicious transactions).
3) International cooperation:
Exchange of information (cooperation with other countries and international customs organizations to
exchange information and coordinate activities).
Implementation of joint customs operations to combat cross-border smuggling.
4) Cooperation with Anti-Doping Authorities:
− Interaction with anti-doping agencies: Cooperation with organizations responsible for the fight
against doping in sports to detect and stop the smuggling of doping substances.
5) Analysis of Documents and Cargoes:
− Document verification (analysis of documents related to the movement of goods to identify
irregularities and suspicious information).
− Cargo inspection (thorough inspection of cargo and containers to detect hidden substances).
6) Information and analytical systems:
− Application of modern information systems and programs for analysis of large volumes of data
and identification of suspicious samples.
− Constant monitoring and analysis of the effectiveness of measures for continuous improvement of
the control system.
An example of the establishment of ties is the agreement between the International Criminal Police
Organization and the World Anti-Doping Agency, which aims at interaction and cooperation in order to
detect and stop the illegal transportation of doping substances (Interpol, 2009).
Discussion. Mixed matters and conflicts
According to the first task, with the help of the logical method and the method of analysis, various methods
and methods of smuggling doping substances in sport, such as transportation across the border, use of
hidden places, technical innovations, etc., are determined. Weaknesses in doping control and detection
systems have been identified, which can be used by sportsmen's and smugglers to avoid detection. The
international aspect of smuggling has been studied, and the main routes and countries most vulnerable to
this type of activity have been identified. In particular, the cooperation of the World Anti-Doping
Organization and Interpol was noted. The main participants in the smuggling of doping substances, such as
athletes, coaches, doctors, competition organizers, pharmaceutical companies, and others, have been
identified. But it is noted that the smuggling of doping substances has the consequence not only of violation
of customs rules but also of violation of ethics and fair play, as well as possible threats to the health of
athletes.
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According to the second task, using the method of document and information analysis, it was noted that in
most countries of the world, persons found in violation of customs rules and accused of smuggling may be
subject to criminal liability. In addition, in cases of smuggling, customs authorities may have the right to
confiscate property related to the violation. In addition to criminal sanctions, violators may also be subject
to administrative fines. These fines may be imposed by customs or other responsible authorities. The
important role of international cooperation for the investigation and bringing the guilty persons to justice
was noted.
According to the third task, thanks to the use of the system method and the method of comparison, it was
established that prosecution for violation of customs rules in the field of smuggling of doping substances
can give rise to several problematic issues that should be taken into account. Thus, the smuggling of doping
substances is often international in nature, and the question of cooperation between countries arises.
Insufficient international coordination can make it difficult to effectively identify and prosecute those
involved in smuggling. The legal treatment of customs violations and smuggling may vary from country to
country. There is a question of determining specific types of liability (criminal, administrative, civil) for
persons who smuggle doping substances. In the fight against the smuggling of doping substances, it is
meaningful to improve international cooperation, harmonize legal standards, and improve detection and
investigation systems. In addition, the effectiveness of prosecution measures depends on a clear definition
of legal standards and the ability to overcome evidentiary and ethical challenges.
Conclusions
The study provides a comprehensive analysis of the legal and criminological frameworks related to the
smuggling of doping substances in sports. However, to address the complex nature of this issue effectively,
it is essential to incorporate empirical data, consider various external factors, and propose innovative
solutions. The conclusions derived from this study highlight the need for a multi-faceted approach to
combat smuggling, encompassing legal, technological, economic, and international cooperation
dimensions.
Innovative Solutions
Enhanced Technological Solutions
Blockchain for Supply Chain Transparency:
Implementing blockchain technology can enhance the traceability of pharmaceuticals and sports
supplements. This technology can create an immutable record of transactions, making it easier to detect
and prevent the introduction of illicit substances into the supply chain.
AI-Powered Detection Systems:
Utilizing artificial intelligence (AI) and machine learning algorithms can improve the detection of
smuggling activities. AI can analyze large datasets from customs, financial transactions, and
communication networks to identify patterns and anomalies indicative of smuggling.
Strengthening International Cooperation
Global Doping Registry:
Establishing a centralized global doping registry that records and tracks all doping-related offenses and
offenders can enhance information sharing and coordination among countries. This registry would facilitate
the swift exchange of data and enable authorities to monitor and manage doping incidents more effectively.
International Task Forces:
Forming specialized international task forces comprising members from customs, anti-doping agencies,
and law enforcement can ensure a coordinated approach to tackling doping smuggling. These task forces
can conduct joint operations, share best practices, and provide technical assistance to countries with limited
resources.
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Socioeconomic and Psychological Interventions
Educational Campaigns:
Launching global educational campaigns targeting athletes, coaches, and medical professionals can raise
awareness about the dangers of doping and the legal consequences of smuggling. These campaigns should
focus on the ethical, health, and career risks associated with doping.
Incentive Programs:
Developing incentive programs for whistleblowers who report smuggling activities can encourage insiders
to come forward with valuable information. Providing financial rewards and ensuring anonymity can make
these programs more effective.
Legal and Policy Reforms
Unified Legal Standards:
Harmonizing legal standards across countries for doping offenses can ensure a more consistent approach to
prosecution and punishment. International agreements should aim to standardize definitions, penalties, and
procedures related to doping smuggling.
Dynamic Regulatory Frameworks:
Establishing dynamic regulatory frameworks that can quickly adapt to new substances and smuggling
methods is crucial. Regulatory bodies should have the authority to classify and ban new psychoactive
substances swiftly, keeping pace with the evolving smuggling landscape.
Organizational and Operational Improvements Cross-Training Programs:
Implementing cross-training programs for customs officers, law enforcement, and anti-doping officials can
improve their ability to identify and respond to smuggling activities. These programs should cover the latest
detection techniques, legal procedures, and coordination strategies.
Resource Allocation and Support:
Ensuring adequate funding and resources for customs and anti-doping agencies can enhance their
operational capabilities. Investments in advanced detection equipment, staff training, and research into new
smuggling trends are essential for maintaining robust enforcement mechanisms.
By adopting these innovative solutions, the fight against the smuggling of doping substances can become
more effective, ensuring the integrity of sports and the health and safety of athletes globally.
Bibliographic References
Androschuk, G. (2020). Europol notes "alarming trend" in counterfeit medicines. Legal newspaper.
Retrieved from https://acortar.link/gy0XNk
Babikov, D.V. (2022). The moment of the end of criminal offenses related to the illegal movement of
objects across the customs border of Ukraine: an analysis of scientific positions. Scientific Bulletin of
the Uzhhorod National University, 73, 109-114. Retrieved from https://visnyk-juris-uzhnu.com/wp-
content/uploads/2022/11/20-1.pdf
Barkhan, S.S. (2022). Ways of committing smuggling under martial law. Dnipro scientific journal of public
administration, psychology, law, 6, 37-48. Retrieved from http://www.chasopys-
ppp.dp.ua/index.php/chasopys/article/view/338
Bolokan, I., Samoylenko, G., Tkalych, M., Panchenko, B., & Dmytriv, V. (2021). Sanciones en el deporte
La relación entre la regulación legal y local (Sanctions in Sport: The Relationship Between Legal and
Local Regulation). Retos, 42, 662-672. https://doi.org/10.47197/retos.v42i0.88681
186
h tt ps: //a mazo ni ai nv est ig a. in fo/ I S S N 2 3 2 2 - 6 3 0 7
This article is licensed under the Creative Commons Attribution 4.0 International License (CC BY 4.0). Reproduction, distribution,
and public communication of the work, as well as the creation of derivative works, are permitted provided that the original
source is cited.
CAS Anti-Doping Division. (2020). Arbitration Rules, TAS 2020/ADD/11. Retrieved from https://www.tas-
cas.org/en/add/arbitration-rules-cas-add.html
Council of Europe. (2022). Project on the Compliance with the Commitments Anti-Doping Convention
(ETS 135). Retrieved from https://rm.coe.int/t-do-2020-20en-adopted-evaluation-report-it-nov-
2019/1680a53968
Demchuk, M. (2019). Improving the activities of customs authorities in the field of combating smuggling.
National law journal, 1, 129-133. Retrieved from
http://www.jurnaluljuridic.in.ua/archive/2019/4/part_1/28.pdf
Dykiy, A.P. (2023). Government policy of preventing and preventing economic malfeasance in the system
of guaranteeing economic security of Ukraine. Zhytomyr: LLC “Vidavnichy house “Buk-Druk””.
Retrieved from https://acortar.link/BmzWss
Diplomat magazine. (2023). Action in Romania and the Republic of Moldova against trafficking of doping
substances. Retrieved from https://acortar.link/0UTBRq
Donati, A. (2007). World traffic in doping substances. Montreal: WADA. Retrieved from
https://acortar.link/ft8LYm
European Union (2004). Council Framework Decision 2004/757/JHA of 25 October 2004 laying down
minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug
trafficking. Retrieved from https://eur-lex.europa.eu/legal-
content/EN/ALL/?uri=CELEX%3A32004F0757
European Monitoring Center for Drugs and Drug Addiction. (2017). Drug trafficking penalties across the
European Union: a survey of expert opinion. Technical report. Retrieved from
https://acortar.link/acPxfW
EUROPOL. (2022). Authorities take medicines and doping substances worth over EUR 40 million off the
market. Retrieved from https://acortar.link/LhG7hO
Fedchenko, O.S., & Kravchenko, O.O. (2021). The stagnation of legislation on smuggling and the
destruction of military regulations. Supreme Court of Ukraine. Retrieved from
https://acortar.link/A5l59Q
Houlihan, B., & García, B. (2012). The use of legislation in relation to controlling the production,
movement, importation, distribution and supply of performance-enhancing drugs in sport (PEDS).
Loughborough: Loughborough University. Retrieved from https://acortar.link/Y0NKtm
Interpol. (2009). Cooperation agreement between the International Criminal Police Organization and the
World Anti-doping agency. Retrieved from
https://www.interpol.int/content/download/11050/file/INTERPOL_WADA.pdf
Izmailova, O.V., & Shcherbak, Yu.Ye. (2005). Doping and the fight against it. Poltava: Nauka. Retrieved
from https://acortar.link/VxEIg9
Kekish, I.P. (2019). Foreign experience in the use of customs control in combating the smuggling of goods.
Economy and customs and legal relations, 11-12, 48-57. Retrieved from
https://zenodo.org/records/3594608
Kharytonov, E., Kharytonova, O., Kostruba, A., Tkalych, M., & Tolmachevska, Y. (2021). To the
Peculiarities of Legal and Non-Legal Regulation of Social Relations in the Field of Sport. Retos, 41,
131-137. Retrieved from https://recyt.fecyt.es/index.php/retos/article/view/84178/62960
Kolomoiets, T., Tsybulnyk, N., Moroz, O., Prymachenko, V., & Khashev, V. (2021). Influence of shadow
economy legalization on national security of Ukraine. Entrepreneurship and Sustainability Issues, 8(3),
420-437. Retrieved from https://acortar.link/6HWwRL
Kutuev, A.R., Bukalerova, L.A., & Ulezko, S.I. (2018). Responsibility for the Organization, Distribution
and Use of Substances and Methods Prohibited for Use in Sports. European Research Studies Journal,
XXI(1), 506-517. Retrieved from https://acortar.link/0B0czZ
Law No. 2341-III. Criminal Code of Ukraine. The Verkhovna Rada of Ukraine, 2001. Retrieved from
https://zakon.rada.gov.ua/laws/show/2341-14#Text
Law No. 3513. On amendments to the Criminal and Criminal Procedure Codes of Ukraine regarding the
criminalization of smuggling of goods. The Verkhovna Rada of Ukraine, 2023. Retrieved from
https://zakon.rada.gov.ua/laws/show/3513-20#Text
Law No. 4495-VI. Customs Code of Ukraine. The Verkhovna Rada of Ukraine, 2012. Retrieved from
https://zakon.rada.gov.ua/laws/show/4495-17#Text
Notes Deseguretat. (2023). European action against counterfeit medicines and doping substances worth
more than 40 million euros. Retrieved from https://acortar.link/mqVtlp
Thevis, M., Geyer, H., Thomas, A., & Schänzer, W. (2011). Trafficking of drug candidates relevant for
sports drug testing: detection of non-approved therapeutics categorized as anabolic and gene doping
Volume 13 - Issue 77
/ May 2024
187
h tt ps: / /a maz on iain ve sti ga .i nfo/ IS S N 23 2 2 - 6 3 0 7
This article is licensed under the Creative Commons Attribution 4.0 International License (CC BY 4.0). Reproduction, distribution,
and public communication of the work, as well as the creation of derivative works, are permitted provided that the original
source is cited.
agents in products distributed via the Internet. Drug testing and analysis, 3(5), 331-336. In
https://pubmed.ncbi.nlm.nih.gov/21538997/
Tulli Tul Customs. (2019). Finnish Customs Enforcement. Retrieved from https://acortar.link/ZRwlh4
Tymoshenko, A.V. (2021). Characteristics of current smuggling schemes. Scientific notes of "KROC"
University, 2, 109-114. Retrieved from https://acortar.link/VRqvvS
Tullverket. (2023). Drugs, hormonal preparations (doping agents) and other dangerous godos. Retrieved
from https://acortar.link/pizmEw
UNESCO. (2005). International Convention against Doping in Sport. Retrieved from
https://acortar.link/X86V7q
UNESCO. (2022). Operational guidelines and a framework for strengthening the implementation of the
International Convention against Doping in Sport. Retrieved from
https://unesdoc.unesco.org/ark:/48223/pf0000381120
WADA. (2024). Raising the game for clean sport. Retrieved from https://www.wada-ama.org/en
World anti-doping agency. (2011). Coordinating investigations and sharing anti-Doping information and
Evidence. Retrieved from https://acortar.link/lpO0OG