Sports lawyer Ilya Skoropashkin commented on the information from Igor Burbas that «Chelsea» may file a lawsuit against the Ukrainian Association of Football.
Ilya Skoropashkin— Is it even possible and is it legal for «Chelsea» to file a lawsuit against UAF?
— This question requires detailed analysis. From a legal standpoint, filing a lawsuit is possible, but there are nuances. The most important thing is to determine the proper defendant. As is known, the composition of the national team of Ukraine is approved by the Ministry of Youth and Sports, not UAF, which only submits lists for approval. Athletes and all members of the national team’s coaching staff enter into employment contracts specifically with the Ministry of Youth and Sports.
According to the Procedure for Composing National Teams in Olympic Sports, the total number of the staff team of athletes and specialists in physical culture and sports, including coaches (hereinafter referred to as the staff team), is formed by the Ministry of Youth and Sports of Ukraine. The Ministry of Youth and Sports of Ukraine concludes employment contracts with athletes and specialists included in the staff team in accordance with the legislation.
Thus, all employment relationships of the team members are formalized specifically with the Ministry of Youth and Sports, which is responsible for their provision, including medical support.
According to the provisions of the Law of Ukraine «On Physical Culture and Sports», UAF is only responsible for the sports part, but not for medical or administrative support, and cannot be a proper defendant regarding possible doping violations.
— So, there will be no questions for UAF in this case?
— Therefore, even if «Chelsea» suffered losses due to a banned substance entering Mykhailo's body during his time with the national team, it is unlikely that UAF can be considered a proper defendant.
In this case, a lawsuit from «Chelsea» against the Ministry of Youth and Sports is theoretically possible, since it is the Ministry that formally bears responsibility for the medical support of the national team. At the same time, the player himself must also be a co-defendant, as, under anti-doping rules, the athlete is directly responsible for the presence of banned substances in his body. He was not given that injection forcibly, was he? UAF can only be involved in such a dispute as a third party.
— In which court will such a case be considered?
— Regarding jurisdiction, such a tort claim — «Chelsea» against the Ministry of Youth and Sports — assuming the player's inclusion as a co-defendant and UAF as a third party, will likely be considered by the judicial authorities of Ukraine, for example, in the Pechersky District Court of Kyiv. Or in the Economic Court of Kyiv if the dispute is between legal entities only. FIFA or CAS do not have jurisdiction in such cases.
— Did Mudryk's team choose the right strategy (opening a проба В and building a defense on the version of the Actovegin injection)?
— If the version with Actovegin corresponds to reality, then it is a logical step. The defense line based on the fact of the unintentional entry of meldonium through Actovegin is one of the possible ways to significantly reduce the disqualification period.
However, there are significant risks. The concentration of a banned substance in the body is determined by doping control authorities very precisely, and the version with Actovegin is only possible if there is an extremely low concentration of meldonium in Mykhailo. The defense must prove that the substance entered the athlete's body indirectly (through a drug obtained from animals that were indeed fed meldonium). This requires a volume of reliable evidence, scientific confirmations, examinations, and analyses of the timeframes for the natural elimination of meldonium from the body.
At the same time, if this version is created solely to evade responsibility, and the concentration of the banned substance in the body does not match this version, the consequences can be catastrophic.
— If «Chelsea» still decides to file a lawsuit against the Ministry of Youth and Sports, where Mudryk will be a co-defendant, what are the chances of success for the London club?
— Here I need to clarify. The conclusion that the proper defendant is the Ministry of Youth and Sports was made in the context of answering the question about a potential lawsuit against UAF. No more than that.
Any lawsuits on this matter are generally unlikely and unpromising. Activity in professional sports carries many risks: injuries, illnesses, disqualifications, doping, etc. For example, who should be blamed for the fact that a player was injured or became ill while being part of the national team?
— Can our opponents contest the results of the national team if it turns out that Mudryk indeed received banned substances there?
— A review of match results or the imposition of sanctions on the entire team is theoretically possible only in the event of proven systemic violations, for example, if it is found that doping was used in the National Team on a mass and intentional basis, with the aim of improving sports results during specific competitions. In the case of an individual violation, the consequences are limited to the player and do not affect the final results of the national team's matches.
Andriy Piskun
