The head of the commission of the Russian Bar Association on sports law Sergey Alekseev commented on the chances of the Russian Football Union (RFU) to succeed in the Court of Arbitration for Sport (CAS).

At the end of February, the International Football Federation (FIFA) and the Union of European Football Associations (UEFA) suspended Russian clubs and teams from participants in international competitions due to the situation in Ukraine. The RFU challenged these decisions at CAS.

– Do you believe that CAS will stand by our side even if the situation arises?

– As you remember, in the case of Kamila Valieva in CAS, there was just a confrontation between an athlete from Russia and the IOC, including. And despite the fact that one of the arbitrators was an American, the court unanimously supported Valieva. The weaker side is also in an active political situation.

From the point of view of the protocol of international sports arbitration, arbitrators make decisions on a professional basis, independently, objectively and transparently. Professional judges work there and receive money for their independent decision. Moreover, as you know, one of the three judges chooses one of the sides [спора]the second is different, and the third is offered by the audit itself.

Let UEFA and FIFA refer to the specific point that we violated. Russian athletes and clubs did not violate anything. Moreover, the principle of the autonomy of sports exists, and it should be outside of politics. When the NATO bombed Yugoslavia, there was no one to them, neither football nor other sports organizations that were not held accountable. Because sport is separate, politics is separate.

It is important to note that all these decisions of FIFA and UEFA are political discrimination for the protection of a sign, which is prohibited by the documents of international public and sports law, and therefore illegal.

I think that now the hype will pass, emotions will go away, and the courts will begin to make decisions based on the rule of law. As long as these decisions are illegal and arbitrary, the courts must restore justice,” Alekseev said.

– Is it possible that CAS will take our side, but UEFA and FIFA will implement this decision?

– Such an impossibility, because according to the charter of these organizations, their decisions are appealed to CAS – after which they are binding [к выполнению], is not subject to appeal. The only place where you can appeal more often is the Supreme Court, which is located in the same city, Lausanne. There, the purely formal side of the issue will be applied – whether there was a violation of the process and public order of the dispute.

In addition, it is understood that FIFA includes 209 countries, including China, the BRICS countries, in which an unforeseen decision against Russia and Belarus appears. Because anyone can become a victim of such a policeman.

Only the highest body of FIFA and UEFA, the congress, where all members are considered, can deal with such a question. [организации]. But they can only endure such a level of punishers, as a decision was made against Russia. Taking into account the opinions of all countries, and not the opinions of a handful of Anglo-Saxons who, under the alleged financial and other pressure, make such absolutely non-legal decisions.

– There is a chance that Russian team will have time to participate in the play-offs?

– There is a chance – and rather big. Considering that the matter is subject to consideration by a judicial body, which must act on the basis of maintaining independence and objectivity. On our side.

about the date of the decision. The general procedure can be carried out in six months, and sometimes in years, as is the case with biathletes. But there is an accelerated dispute investigation tool that is usually in place if there is such a commotion. Then theoretical disputes must be considered before the start of those events, the non-admission to which is being appealed by our side.

The Russian team on March 24 in Moscow was supposed to play the Polish team in the semifinal play-off match of the World Cup. In case of victory, the team of Valery Karpin would have met with the strongest team from the Czech Republic-Sweden pair in Moscow on March 29. In March, FIFA announced that the Polish national team reached the final of the “joints” without a fight.

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