Leading Russian clubs filed an appeal with the TAS (Tribunal for Arbitration for Sports) in Switzerland, seeking the invalidation of the rule made by FIFA, which unilaterally suspended the contracts of athletes due to security concerns due to the war between Russia and Ukraine. They are also asking for refunds from teams from Fifa and other countries that use these players – departures are free according to regulations.
“Russian clubs do not agree with the rule and will send letters to the clubs that they will be held accountable if they use players. It’s like you buy a car, you pay for the car, or you pay the rent for the car, but it’s a partner of SILA International Lawyers and a representative of eight clubs in Russia on appeal. Mikhail Prokopets, a lawyer, told the column.
The column found that at least two Brazilian clubs would take the cards: Corinthians, who loaned Paraguayan defender Balbuena after his contract with Dynamo Moscow was suspended, and Flamengo to buy Uruguayan side Varela, who is also a Dynamo player.
Loan deals that the Russians negotiate directly with the Brazilians, such as Zenit and Corinthians for Yuri Alberto, Spartak and Flamengo for Ayrton Lucas, and Krasnodar and Inter for Wanderson, are out of favor.
“An example where compensation can be made: If a club paid a player 5 million for a five-year contract, if he was out for a year, the refund would be 1 million. FIFA is robbed of Russian clubs that have invested. There’s a lot in athletes and now they’re losing money,” he said. Prokopets.
According to him, the established rule was too harsh. At the end of June, FIFA extended another year until June 2023, which is Annex 7 in the player transfer regulations.It allows professionals working in clubs in Ukraine and Russia, which have been in armed conflict since February, to suspend their contracts and get closer to any team in the world. In the case of the Ukrainians, the club’s approval is required, but in the case of the Russians, the decision may be one-sided.
“The rule seeks where there are no problems. We understand this exception for Ukrainian clubs with the problem of internal conflict and player safety. But in Russia no. The Russian championship takes place normally., there is security for players. For example, there are Brazilians staying at Zenit, doing well. [casos de Wendel, Claudinho e Malcom]’, said Propekts.
He could not disclose which clubs signed the appeal, but the column found that these were Zenit, Dinamo, CSKA, Lokomotiv, Spartak, Krasnodar, Rostov and Rubin. There is no deadline for a position for TAS members.
in court
The lawyers consulted by the column find it difficult for the requests of Russian clubs to yield results in the arbitration court.
“Contractual stability, one of the pillars of the Fifa statute, has been fueled by the exception provided for in the 1787 Circular which addresses the issue as an ‘exceptional case’ in sports law, and several years of experience in FIFA and TAS cases.
Motta recalled that the exception to the rule was approved by the FIFA Council and a committee that included clubs and players.
“If there are any problems, it is between FIFA and Russian clubs. Motta said that contract clubs are in good faith and operate within the exception set by the highest authority in world football.
Brazilian lawyer Eduardo Carlezzo, who also has experience in FIFA and TAS litigation, said the war had created unprecedented exceptions to FIFA’s transfer arrangements to allow athletes linked to Ukrainian and Russian clubs to continue at other clubs.
While it is not currently possible to have a clear view of what the CAS’s decision will be due to the novelty of the matter, it is important to remember that with regard to Russia, some signs are already present as the court is examining and analyzing it. For example, he dismissed Russia’s complaints about his expulsion from the World Cup and European competitions,” he said.
In addition to having to give up their athletes who wanted to leave, Russian clubs have been banned from playing in international tournaments by Uefa and FIFA – the same is true for the country’s national teams at all levels.
source: Noticias
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