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Tuesday, May 24, 2022
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Lawyers assessed the prospects of a complaint by Russian clubs against UEFA’s decision

Dynamo, CSKA, Zenit and Sochi have requested sports arbitration due to UEFA’s decision to remove Russian teams from European competitions in the 2022/23 season. The lawyers say that the clubs have possibilities of a positive decision of the TAS

Photo: TASS

The Russian football clubs that challenged UEFA’s decision to impose a total ban on Russia next season have a chance of success, but this requires arbitration to consider their case impartially and be guided by the principles of competition. This opinion is shared by sports lawyers who were interviewed by RBC Sport.

On May 13, Dynamo, CSKA, as well as Zenit St. Petersburg and Sochi filed an appeal against UEFA’s decision at the Court of Arbitration for Sport (CAS) in Lausanne. Clubs are requested to consider your complaint on an expedited basis.

Anna Antseliovich, head of sports practice at the legal group Clever Consult, believes that Russian clubs have a chance to cancel UEFA’s decision.

“There are chances of a positive result for Russian clubs. The main question now is that the removal of Russian teams from participation in European competitions was based on a rather subjective moment. Therefore, the arbitrators who will consider this complaint may have their own idea of ​​the current situation. Still, this is not an anti-doping rule violation. So there is more maneuvering here to convince the referee of his point of view,” Anceliovich noted.

Sergey Alekseev, chairman of the sports law commission of the Russian Bar Association, noted that the Russian teams did not violate the norms of international sports law.

RPL leaders complain to TAS about UEFA sanctions

“From a legal point of view, justice here is now on the side of the Russian clubs. If the CAS panel considers this dispute impartially and on the basis of competition principles, then the decision should be in favor of the Russian teams. They did not violate any norms of international sports law, and therefore there are no grounds for responsibility, ”Alekseev said.

In his opinion, UEFA’s decision to prevent Russian clubs from participating in European competitions is political in nature. “UEFA’s decision is a serious massive violation of the rights of Russian athletes to equal access to participation in competitions, the right to work, the prohibition of discrimination based on nationality, on the basis of membership in any condition. Clubs suffered both property and image damage from such decisions. The interference of political aspects in sport is prohibited both by the norms of sports law and by the norms of the resolution of the UN General Assembly, ”he added.

The Russian national team refused to hold training camps and matches in the context of UEFA sanctions

Alekseev recalled that there are precedents when the arbitrations of the international federations ruled in favor of the Russian athletes.

“We have precedents in the disciplinary structures of various federations, in particular in the appeal committee of the European Table Tennis Federation, in the disciplinary committee of the International Luge Federation, which ruled in favor of Russian teams and athletes in similar cases. “, said. saying.

The fact that the clubs decided to unite when filing a complaint, the lawyer explains it by the desire to present a “more convincing position”. “The filing of a collective complaint is justified, because the more the rights of specific sports subjects are violated, the more convincing a position can be built and proven in the appropriate court,” Alekseev noted.

In turn, Antseliovich believes that the accumulation of complaints should not affect the outcome of the case. “Combination of complaints is likely to be done just because of the speed of the process,” he said.

On May 2, the UEFA Executive Committee suspended Russia from participation in all international tournaments in the 2022/23 season, and also rejected the application to host Euro 2028 and Euro 2032. So, for example, the team The country’s men’s team will not be able to play in the Nations League, the women’s team will not go to the European Championship in England, and the Russian clubs will not play in the Champions League, Europa League and Conference League. .

Zenit, Dynamo, Sochi and CSKA occupy the top four positions in the Russian Premier League (RPL) with two rounds remaining in the championship. The first three teams are already guaranteed participation in European competitions for next season, but due to UEFA sanctions they will not be able to participate in the tournaments.


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