The lawyer Ilya Skoropashkin assessed the prospects of a lawsuit of the former captain of the Ukrainian national team Anatoliy Tymoschuk against the UAF in the Court of Arbitration for Sport in Lausanne (CAS). Recall, Tymoschuk decided to sue the UAFto return to the history of Ukrainian soccer.
Anatoly Tymoschuk, traitor to UkraineTymoschuk has already tried to appeal the sanctions to the UAF Committee of Appeals".
- How realistic are the chances of Tymoschuk`s lawyers?
- According to the official site of the UAF from 11.03.2022, the Control and Disciplinary Committee (CDC) deprived Tymoschuk AA coaching license level Pro, issued by the UAF licensing center, and all the titles of winner and silver medalist Ukrainian championship, the Cup of Ukraine, Ukraine Super Cup, as well as he was excluded from the official register of the UAF national team players. In addition, the CDC prohibited Tymoschuk AA to engage in soccer activities in Ukraine for life and raised the issue before the public authorities to deprive him of all state awards and honorary titles.
This decision of the CDC was appealed by Tymoschuk himself to the UAF Appeals Committee. According to the press release from the official site of the UAF on 24.01.2023, the decision of the CDC has been left unchanged. At the same time, according to the content of the mentioned press release, the CDC by its decision did not deprive Tymoschuk of his coaching license, but only recommended the UAF's Licensing Center to take appropriate measures to revoke (deprive) the UAF`s coaching license.
- Are there any precedents for such sanctions in soccer?
- Bodies of soccer justice UAF can act within the laws of Ukraine and the Disciplinary Regulations of the UAF. Sanctions on the ban on soccer activity for a certain period are quite common. Since February 18, 2022, according to new edition of Disciplinary Rules, such sanction may be applied for life term. The competence to apply such a sanction is fully under the jurisdiction of the UAF authorities, as well as the deprivation of sports titles and awards.
- Did the UAF do everything according to the procedure? Are our positions strong?
- It is difficult to comment on that, as the full text with the reasoning of the UAF decision on imposing disciplinary sanctions on Timoschuk has not been published.
The UAF press release of 11.03.2020 mentions briefly the grounds by which the soccer justice authorities were guided in making their decision. In particular, it is noted that the former captain of the Ukrainian national team Tymoschuk since the beginning of Russia's military aggression against Ukraine has not made any public statements about it and has not stopped his cooperation with the aggressor's club. By such a conscious choice Tymoschuk A.A. damages the image of Ukrainian soccer and violates paragraph. 1.4. art. 4 of the UAF`s Code of Ethics and Fair Play.
This code stipulates (part 1 of article 1) that it applies to individuals who are involved in or work in soccer in Ukraine. I assume that Tymoschuk's appeal to the Court of Arbitration for Sport in Lausanne against the UAF decisions is based on the grounds that he is not covered by the UAF's Code of Ethics and Fair Play since he does not work in soccer on the territory of Ukraine.
- Is Lausanne competent in this matter? What is next - in what other instances can one appeal this decision?
- The Court of Arbitration for Sport in Lausanne has the power to review the decisions of the UAF bodies and the UAF Dispute Resolution Chamber on appeal.
- Ok, Lausanne will make its decision in someone's favor. What's next - in what other instances is it possible to appeal against this decision?
- The decision of the Lausanne Court may also be appealed to the Swiss Federal Tribunal.
- Will it create a precedent for other disqualified persons?
- It should be a precedent for all athletes and coaches who by their actions or inaction support Russian aggression and killing of Ukrainians. Seems to me too much attention to this man who deliberately made the choice to cooperate with the aggressor. The UAF is entirely right that this surname should take its place among the traitors and collaborators who betrayed Ukrainian soccer and their people.
Alexander Karpenko
