Sports lawyer Igor Skoropashkin commented on the situation around former Ukrainian national team player Anatoliy Tymoshchuk, who appealed to the Court of Arbitration for Sport (CAS).
Igor SkoropashkinThe former footballer is seeking to appeal against the UAF's decision to ban him from football-related activities. The former Shakhtar player was stripped of all titles in Ukraine - winner and silver medallist of the Ukrainian championships, the Ukrainian Cup, the Ukrainian Super Cup.
- Mr Ilya, do you think Tymoschuk has any chances to win the case by appealing the UAF's decision to the Court of Arbitration for Sport in Lausanne (CAS)?
- In this case, it is difficult to make predictions on the outcome of the CAS case, as the full text of the appealed decision of the UAF CDC has not been published and we do not know what reasoning underlies the UAF's decision on Tymoschuk. Each party to the dispute has certain criteria by which it can consider its case won or lost.
As far as is known from open sources, in March 2022, the UAF CDC stripped Tymoschuk of his sporting titles, excluded him from the national team players' register and banned him for life from football-related activities in Ukraine. Measures were also taken to strip Tymoschuk of his state awards and Pro-UEFA coaching licence.
It is not known whether the coaching licence has been revoked. Most likely, it is valid, as the procedure for obtaining a coaching education obtained at the UAF licensing centre was apparently not violated.
Subsequently, the story with Tymoschuk had a continuation and according to point 107 of the annex to the Decision of the National Security and Defence Council dated 06.01.2023, a number of sanctions with 14 points were applied to A. A. Tymoschuk (born 30.03.1979). In particular, his assets are temporarily (for 10 years) blocked, trade operations with him, fulfilment of economic and financial obligations on him are completely stopped, and he is deprived of state awards and other forms of distinction.
Consequently, Tymoschuk can only raise for consideration of the Court of Arbitration for Sport in Lausanne the issues of appealing against the decision of the UAF CDC on the ban to engage in football-related activities on the territory of Ukraine. It is clear that the decisions of the NSDC are not within the jurisdiction of the Court of Arbitration for Sport in Lausanne.
Taking into account all the circumstances, as well as the fact that the UAF CDC has full discretion on this issue, Tymoschuk does not have much chance.
- How much is the legal component in this case and how much is moral? Will CAS judges be able to objectively assess the moral component of this case, namely damage to the image of Ukrainian sport, denial of his people and betrayal of a single person?
- Here we are talking about the totality of moral and legal principles and circumstances that guided every citizen of Ukraine after the annexation of our territories, and even more so after a full-scale invasion. This is called "civil responsibility". We should not forget that every citizen has, in addition to rights, also obligations. In particular, the defence of the Fatherland, independence and territorial integrity of Ukraine, as stipulated in Article 65 of the Constitution of Ukraine.
If a person is included in the sanctions list of the National Security and Defence Council, it means that the actions of this person are harmful to the interests of Ukraine. This decision has entered into force and is an established fact in other cases against this person. Therefore, an assessment of the moral component will not be required.
Moreover, there is such a term as "tacit consent". In this case, Tymoschuk's acquiescence enables the enemy to claim that reputable Ukrainian athletes agree with the grounds of the Russian invasion, support denazification and all the other nonsense they claim.
- On what arguments should the UAF base its position in CAS?
- In my opinion, it is better to ask the UAF's lawyers here. It depends solely on their discretion.
- If Tymoschuk loses his appeal to CAS, will he have to get his coaching licence again?
- Again, it is not yet known whether the decision was made to strip Tymoschuk of his coaching licence. As noted, the UAF has taken steps to revoke the licence issued by UEFA. If the European Federation makes a decision, it can also be appealed.
- How much money could this court case cost Tymoschuk?
- Swiss justice is quite expensive. The standard costs of the case are equal to 30-50 thousand Swiss francs, plus the costs of lawyers, travelling, etc. I think it will not be an unaffordable expense for Tymoschuk.
