— Mr. Ilya, why can’t conscripted builders leave to work abroad, while conscripted football players can?
— Builders do not fall under any categories that are allowed to cross the border during martial law. Instead, athletes can leave to participate in competitions held abroad with special permits from the Ministry of Youth and Sports or personally from the Minister.
— How is this regulated by legislation?
— Crossing the border during martial law is regulated by the Rules for Crossing the State Border by Citizens of Ukraine, approved by the Cabinet of Ministers of Ukraine Resolution No. 57 dated January 27, 1995. These Rules define categories of persons who have the right to leave during the introduction of martial law.
Paragraphs 2-11 of this resolution explicitly state that athletes who are included in the national teams of Ukraine for Olympic, non-Olympic sports and sports for persons with disabilities, as well as athletes included in the teams of top division sports clubs for team sports, have the right to leave to participate in sporting events, which include competitions or training camps.
— Why is the disqualification of the Pilipuk brothers not applied to football players?
— The situation with the Pilipuks is different. Firstly, the decision on the disqualification of an athlete in case of their non-return after the end of the sporting event is made by the sports federation. In the case of the Pilipuks, the decision on their disqualification was made by the Karate Federation of Ukraine. These athletes were warned by the Federation about their responsibilities and possible consequences in case of their non-return even before their departure.
Secondly, if athletes leave as members of the national team or as independent athletes at the request of the sports federation and with the permission of the Ministry of Youth and Sports for participation in a specific sporting event with a clearly defined time frame, they must return after the end of such an event. Except in cases where, after the end of this term, these athletes have other legal grounds for extending their stay abroad with the permission of the Ministry of Youth and Sports or personally from the Minister of Youth and Sports of Ukraine.
Therefore, the non-return of the Pilipuks to Ukraine after the event was a violation of the conditions of exit, as the permission to be abroad was limited to this event only and could not be extended on the condition of “being included in the teams of top division sports clubs for team sports,” as specified in the Rules for Crossing the Border.
That is, the key point here is the presence or absence of a legal basis, which is the inclusion of the athlete in the teams of top division sports clubs for team sports.
— Can you draw parallels with football players?
— Other aspects are also taken into account: financial, economic, image and reputational policies of the state.
For example, when a Ukrainian football club independently prepares a quality player at its own expense and carries out a paid transfer to a European top league, as a result of which it receives money for that transfer and pays a significant amount of taxes from that transfer to the state budget—this is considered a positive factor.
But when a member of the national team, for whom the state has spent money on sports training and participation in competitions, receives a salary or scholarship, remains abroad without appropriate approval and in the absence of legal grounds—this is a loss for the state. Such decisions are made by the athlete independently, without agreement with official structures. In fact, the athlete ceases cooperation with the federation, national team, and their club without appropriate agreements.
— Provide examples.
— A striking example in this case is the situation with the transition of athlete Kovtun and the attempt to change sports citizenship from Ukraine to Croatia.
Some cases in football were also accompanied by unilateral non-return of athletes without appropriate legal grounds and also had negative consequences for them. For example, players from “Shakhtar” Rasputko, Hadzhiev and Krapytsov from “Dnipro-1”, coach of “Chornomorets” Kashyanenko and many others.
— Should UAF and the Ministry of Youth and Sports respond to cases like those of Zubkov and Sikan?
— If a football player leaves with the team abroad for training camps and signs a contract with a foreign club within the existing national and international rules that allow the athlete to continue participating in top-level competitions without violations and without changing sports citizenship, there is no violation.
Andriy Piskun
Ilya Skoropashkin