On July 12, 2021, the International Swimming Federation (FINA) sent notices to the athletes Veronika Andrusenko and Alexander Kudashev informing about the initiation of disciplinary proceedings against them based on information from the LIMS database of the Moscow Anti-Doping Laboratory, according to which the athletes allegedly committed anti-doping violations in 2014 and 2015.
In addition, the athletes were temporarily suspended from competing due to the initiation of the disciplinary investigation. Due to the fact that the executed temporary suspension prevented Veronika Andrusenko and Alexander Kudashev from participating in the forthcoming Olympic Games, FINA and both athletes concluded a special arbitration agreement that their case would be heard by the Court of Arbitration for Sport in Lausanne (CAS) through an expedited procedure.
On July 18, 2021, the sole arbitrator appointed by the CAS, Rui Botica Santos (Portugal), considered the arguments and evidence presented by the parties and ruled that FINA had insufficient grounds to initiate disciplinary proceedings and, accordingly, the suspension imposed on the athletes was lifted.
Thus, the CAS decision allows both athletes to participate in the Games of the XXXII Olympiad in Tokyo. The CAS also ordered FINA to reimburse to the athletes their lawyers’ fees in the amount of 1,500 Swiss francs per athlete.
Stanislav Pozdnyakov:
– Much work was done together with the Russian Swimming Federation. We responded promptly, supervised the process of appeal at every stage, were in constant contact with FINA and were almost sure in the favorable outcome of the case. I am very happy for Veronica and Alexander, and also for the fact that the full national swimming team will compete in Tokyo, including in the relay. Once again, we have learnt that clear, coordinated actions can ensure proper protection of athletes’ rights even in the shortest possible time.
