Last June the FIFA; Due to the situation regarding the invasion of Ukraine through Russia, including annex 7 of Regulations on the Status and Transfer of Players in relation to ‘Transitory provisions relating to the extraordinary situation arising out of the war in Ukraine’
An annex that purported to grant freedom to non-Ukrainian players and coaches to leave Ukrainian competition clubs last summer: “Without prejudice to the provisions of these regulations and unless otherwise agreed parties, players and coaches may unilaterally terminate until June 30, 2023 an international contract with a club affiliated to UAFunless they agree with the club on June 30, 2022 as the deadline.
Rule that led to the removal of players from Shakhtar Donetsk completely free when the Ukrainian club is expected to earn a large profit from transfer operations.
That is why the Ukrainian club denounced this situation before the TAS Arbitration Court for damages and losses caused by this measure which, moreover, according to the club itself, was adopted without prior consultation with those affected, namely the clubs themselves. They consider that this proposal undermines market competition.
The Shaktar Donest claiming 40 million euros, an estimated amount they considered they would get from the sale of four of the 14 foreign players they had in their squad at the time, before using this measure. This Thursday the two parties will face each other. On the one hand, the legal representatives of the Ukrainian team, and on the other, those who act on behalf of FIFA before the president appointed by the TAS itself.
FIFA’s action is illegal
Shakhtar will present four clear and very strong arguments tomorrow against FIFA:
1. FIFA’s decisions to cancel international contracts are illegal: there is no legal basis to suspend employment contracts under Ukrainian and Swiss law. FIFA cannot and must not interfere in contractual relations to which it is not a party
2. FIFA’s actions violate EU competition law that allows Ukrainian football clubs to access the European market for the transfer of players. Restricting this access to Ukrainian clubs destroys a fair and democratic market and is anti-competitive.
3. FIFA did not act in accordance with its own good governance practices and standards, and applied contractual procedures without assessing the practical situation in the country and without consulting the main parties concerned, i.e. the Ukrainians club and the Association Ukrainian Soccer.
4. The FIFA Circulars are discriminatory, violate the principle of contractual stability, restrict the financial freedom of clubs, affect the integrity of football competitions and are disproportionate. FIFA had and still has the responsibility to help and support Ukrainian football during the war and instead their actions plunged the local football community into a bigger crisis.
Proposes repair fund for Ukrainian clubs
In addition, Shakhtar will present fair and less harmful measures that can be studied and adopted by FIFA. Among them is the creation of a reparation fund for Ukrainian clubs affected by loss of income during the military conflict. In addition, he understands that FIFA could have effectively intervened in the talks to ensure that Ukrainian clubs would see their payment obligations to third parties postponed until a time when the crisis subsided and funds began to flow again. income
Source: La Verdad
I’m Rose Herman and I work as an author for Today Times Live. My expertise lies in writing about sports, a passion of mine that has been with me since childhood. As part of my job, I provide comprehensive coverage on everything from football to tennis to golf.
