Oleg Verniaiev v. Gymnastics Ethics Foundation (GEF), Fédération Internationale de Gymnastique (FIG)

At a glance

Parties

Oleg Verniaiev (Ukrainian gymnast) v. Gymnastics Ethics Foundation (GEF) and International Gymnastics Federation (FIG)

Case no.

CAS 2021/A/8210

Forum and rules

Court of Arbitration for Sport, appeal procedure (CAS Code Articles R47 ff.); seat Lausanne

Treaty

FIG Anti-Doping Rules 2015; 2015 WADA Code

Tribunal

Jan Paulsson (President), Efraim Barak, Romano Subiotto

Sector

Gymnastics; anti-doping (meldonium)

Outcome

Appeal partially upheld (14 March 2023): the four-year ineligibility was reduced to two years from 5 November 2020. The other parts of the GEF decision were confirmed.

Amount

The GEF decision ordered costs of EUR 3,276.50 (sample tests and documentation), EUR 1,800 (expert report) and CHF 500 (proceedings). These were confirmed. The athlete had asked for a CHF 5,000 contribution to his costs; this request was not granted.

The dispute

Oleg Verniaiev is an Olympic gold medallist who has represented Ukraine. Meldonium, a non-specified substance banned under the 2020 WADA list (S4), was found in his out-of-competition urine sample of 26 August 2020. On 12 July 2021 the GEF Disciplinary Commission declared him ineligible for four years from 5 November 2020 under Art. 10.2.1.1 of the FIG Anti-Doping Rules and disqualified his results from 26 August 2020. On appeal he argued that the violation was not intentional, because the meldonium likely came from contaminated milk or meat bought in Ukraine. He asked for a reduction to the time already served or, in the alternative, to two years. The Respondents accepted that the violation was established. They expressed sympathy for limiting the ban so that he would not miss two Olympic Games, but they rejected his reliance on bare denials and on theories of sabotage.

Key holdings

1. CAS has jurisdiction under Article 13 of the FIG ADR and Article 30 of the FIG Code of Discipline. The appeal, filed on 31 July 2021, was within the 21-day time limit and is admissible. ¶¶ 53–59
2. The athlete must show lack of intent on the balance of probabilities. Athletes have a duty to avoid ingesting prohibited substances, but extraordinary precautions cannot reasonably be required. The 'corridor of exculpation' is narrow, but it exists. ¶¶ 69–70
3. Under Article 10.2.1 of the 2015 WADA Code, an athlete seeking a reduction must prove both that the use was not intentional and that he did not take the risk of using a substance that might lead to a violation. ¶ 82
4. The Respondents' own expert, Dr Geyer, testified that new studies show one glass of milk from treated cows can exceed the WADA threshold, and that the maximum concentrations tolerated were five or ten times higher than previously understood. On that evidence, the Panel held that the athlete did not need to prove the source. Proving lack of intent without proof of source is 'highly unlikely' but not 'impossible'. ¶¶ 75–76, 83
5. The ineligibility period is reduced to two years from 5 November 2020. A longer ban would exclude the athlete from two editions of the Olympic Games, which would be disproportionate. The Panel stressed the exceptional context: the federation itself invoked equity and WADA was not a party. The award is therefore hardly a precedent. ¶¶ 72–73, 84
6. Speculation, declarations of a clear conscience and character references are not sufficient proof on their own. Neither party is deemed the losing party. ¶¶ 85–87

Procedural history

1. 26 August 2020Out-of-competition urine sample collected; meldonium later detected.
2. 5 November 2020FIG notified the adverse analytical finding; the athlete accepted a provisional suspension.
3. 12 July 2021GEF Disciplinary Commission imposed a four-year ineligibility.
4. 31 July 2021Statement of Appeal filed with CAS.
5. 3 November 2021Panel constituted.
6. April–September 2022The Ukrainian Gymnastics Federation applied to take part as amicus curiae, then withdrew its request on 8 September 2022.
7. 15 December 2022Hearing held by videoconference.
8. 14 March 2023Award: appeal partially upheld; ineligibility reduced to two years.

Tribunal, counsel and experts

Decided by

• Jan Paulsson President, CAS Panel
• Efraim Barak Co-arbitrator, CAS Panel
• Romano F. Subiotto Co-arbitrator, CAS Panel

For the claimant

Andriy Kharytonchuk · Boris Boguslavsky · Ganna Gnizdovska

For the respondent

Stephan Netzle

Experts

Ivars Kalvinš (claimant) · Hans Geyer (respondent)

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Keywords

• meldonium
• doping
• gymnastics
• FIG Anti-Doping Rules
• WADA Code 2015
• intentional violation
• Article 10.2.1
• source of prohibited substance
• contaminated food
• contaminated milk
• proportionality
• narrow corridor
• reduction of ineligibility
• Olympic Games
• amicus curiae
• Ukrainian Gymnastics Federation

Summary generated with AI from the published documents — refer to the award for the authoritative text.