“This issue will be finally resolved at CAS”: lawyer Patsev on the WADA verdict, Russia's appeal and public influence

- How should one relate to the adopted WADA decision from a legal point of view?

- In my opinion, on the one hand, it is based on certain norms and standards for compliance. On the other hand, in terms of proportionality and justice, the verdict does not correspond to the current situation. Our country must disagree with the decision. You should start the review procedure in CAS, which will put an end to this story.

- How different is the current situation from that which was two years ago on the eve of the Olympic Games in Pyeongchang?

- There are fundamental differences. In this case, the entire Russian sport has already been sanctioned. Moreover, then the national anti-doping organization, that is, RUSADA, was not recognized as not meeting the status, and this did not entail the consequences provided for by the international standard for compliance. It was a decision exclusively by the IOC regarding individual Olympic Games in Pyeongchang and the status of OCD.

In this situation, we are dealing with a completely different scale of sanctions. Firstly, they are much longer - four years, and secondly, they concern all Russian athletes regardless of sports and a huge number of international competitions, including two Olympic games, world championships and stages of the World Cup.

• Patsov about the scale of the WADA sanctions

- WADA forbade the leadership of the ROC and RCC to attend the Olympic Games. Is this an interference in the affairs of the IOC, because there were no complaints against them from WADA?

- The fact is that, in accordance with the international standard for compliance, there are a number of consequences that are provided for cases when the status of a national anti-doping organization is recognized as non-conforming to the code. One of the consequences that the WADA executive committee may accept as a sanction is precisely the ban on officials of this country’s Olympic committee from attending international competitions. WADA took this opportunity. Another thing is whether such a sanction is excessive.

- WADA said that sports federations should refuse to host world championships in Russia, if this is practically and legally possible. Can they resolve this issue at their discretion and retain the right to host tournaments in the country, even if several years are left before them?

- They really should refuse, but only in those cases when the transfer of competitions is actually, legally and logistically possible. If this is no longer feasible, WADA will not impede such events. But there will be a big problem with getting new competitions. At the same time, international federations may disagree with the position of the World Anti-Doping Committee and still schedule some competitions in Russia. But in this case, they themselves risk getting non-compliance status from WADA.

- The whole world now welcomes the decision of WADA and is “trampling” on Russia. Can this fact be taken into account by the CAS when making a verdict?

- I do not think that CAS will take into account the opinion of the public. There are quite professional arbitrators and lawyers who will be focused on the legal circumstances of the case regarding the lawfulness of certain parties.

- RUSADA has three weeks to accept the WADA verdict or reject it. How should I use this time?

- You need to make some decision as soon as possible. I hope it will be directed to referring the issue to CAS. Losing time in this case is criminal, because there is not much time left before the Olympic Games in Tokyo.

- What can you focus on the appeal, and are there any weaknesses in the decision of the WADA executive committee?

- It is difficult to say, since this is a lot of evidence-based work, both from RUSADA and from WADA, as well as from other interested parties, for example, ROC, RCC, IOC, which can also take part in the proceedings. As I understand it, most of the work will be devoted specifically to the analysis of evidence. But since I do not have detailed information about the positions of the parties, I can not say anything concrete.

• Patsov about weaknesses in the decision of WADA

- Is it possible to appeal the CAS decision or is this the ultimate truth?

- Yes, this issue will be finally resolved in Lausanne.

- Will Russia have prospects in a civil court if CAS agrees with the decision of WADA?

- It is hard to say. It’s premature to talk about it yet.

- Fans worry that a ban on the Russian flag in the stands will be introduced. Are sports federations entitled to impose such restrictions on Olympics and world championships?

- Similar bans have already taken place, for example, at the World Championships in Athletics and the Olympic Games in Pyeongchang. It certainly won’t become something new. Such concerns certainly exist. The issue of the flag and anthem will also become one of the key issues when considering the case at CAS.

- Do you plan to protect the interests of Russian athletes if they turn to you?

- Athletes cannot participate in this story yet. The right to appeal to CAS are RUSADA, ROC and RCC, as well as the IOC and the IPC. Athletes, unfortunately or fortunately, will not be involved in the proceedings in Lausanne.