MOSCOW, Feb 28, Andrey Senchenko.Russia may appeal against the recommendation of the Executive Committee of the International Olympic Committee (IOC) regarding sports federations not to allow Russian and Belarusian athletes to compete, as well as not to invite officials from the two countries, but there is little chance of success in court, sports lawyer Artem Patsev said. On Monday, the IOC recommended that sports federations not allow Russians and Belarusians to participate in international competitions. In cases where this is not possible for organizational or legal reasons, the IOC Executive Board gives the relevant organization the right to find its own way to effectively solve the problem. «There is an opportunity to file a complaint with the authorities, but, unfortunately, I do not think that such complaints will be successful. the Court of Arbitration (CAS) will find justification for maintaining these measures and explaining why this position is fair even taking into account non-compliance with the rules and regulations.The situation is similar to the «Valiyeva case» From the point of view of the letter of the World Anti-Doping Code, Camila should not have lifted the provisional suspension and allow further performance at the Beijing Olympics, but the CAS arbitrators decided that the general principles of fairness and proportionality are more important,» Patsev said. «And it was hard to disagree with them. force of the concept of justice, has developed even now.Just the court will unfold this situation in the other direction, that is, against our athletes. Yes, from a legal point of view, there are no grounds for not allowing athletes to compete, but the laws invented by people are interpreted and applied by them. And each of the arbitrators has his own inner understanding of what is fair and what is not. Thus, for any position it will be possible to give any justification. Even if the established norms are contradictory, it is possible to apply an approach according to which, in given specific circumstances, the general principles of fairness, fair play, proportionality take precedence over specific norms,» the lawyer added.
