FOOTBALL
CAS ISSUES ITS DECISION
FC KARPATY AND
Lausanne, 02 August 2013 - The Court of Arbitration for Sport (CAS) has
complex case involving ten individuals and two clubs from Ukraine who filed appeals against
decisions taken by the instances
investigations conducted by the FFU into
Metalist on 19 April 2008.
According to such decisions, Mr Yevhen Krasnikov
Pshenychnykh (football player), Mr Mykola Ishchenko
player), Mr Volodymyr Fedoriv
Serhiy Lashchenkov (football player)
the manipulation of the match of the Ukrainian Football Champion
Metalist and FC Karpaty of 19 April 2008; Mr Peter Dyminskyy
Karpaty), Mr Ihor Dedyshyn (Director General of FC Karpaty
(former Director General of FC Karpaty
fixed match and to have failed to take proper actions with regard to such information (i.e. to submit
it to the FFU authorities). Finally, the football clubs FC Metalist and FC Karpaty were held liabl
for the behaviour of their football players or officials under the principle of strict liability.
The Appellants requested that the CAS annul the decision of the FFU and the sanctions contained
therein and rule that the match played between between FC Ka
2008 was not fixed. The Appellant
be annulled.
The case was submitted to Panel of CAS arbitrators: Christian Duve,
(Germany), Mr Bernard Hanotiau
with their legal representatives and witnesses were heard by the Panel during a
Having considered the detailed written submissions and numerous exchanges between the parties
the Panel has decided to dismiss all appeals, with the exceptio
Karpaty and two officials of FC Karpaty
upheld. As a result the final sanctions
the following:
1. Football Club Metalist is deprived
the Ukrainian Football Championship and
equivalent; the decision of the FFU to deprive FC Metalist of 9
2011/2012 sporting season of the Ukrainian Football Championship is set aside
that only repeated infraction
pursuant to the FFU regulations
Tribunal Arbitral du Sport Court of Arbitration for Sport
FOOTBALL – MATCH FIXING
ISSUES ITS DECISION IN THE CASE
ARPATY AND FC METALIST (UKRAINE
The Court of Arbitration for Sport (CAS) has issued its decision in a
complex case involving ten individuals and two clubs from Ukraine who filed appeals against
instances of the Football Federation of Ukraine (FFU)
by the FFU into the match which took place between FC Karpaty and FC
According to such decisions, Mr Yevhen Krasnikov (Sports Director of FC Metalist
, Mr Mykola Ishchenko (football player), Mr Vasyl Kobin
, Mr Volodymyr Fedoriv (football player), Mr Maciej Nalepa (football player)
(football player) were sanctioned for being directly or indirectly involved in
the manipulation of the match of the Ukrainian Football Championship 2007/2008 between FC
Metalist and FC Karpaty of 19 April 2008; Mr Peter Dyminskyy (Honorary President of FC
Director General of FC Karpaty) and Mr Oleksandr Yefremov
Director General of FC Karpaty) were found to have illegally used information about the
fixed match and to have failed to take proper actions with regard to such information (i.e. to submit
it to the FFU authorities). Finally, the football clubs FC Metalist and FC Karpaty were held liabl
for the behaviour of their football players or officials under the principle of strict liability.
requested that the CAS annul the decision of the FFU and the sanctions contained
therein and rule that the match played between between FC Karpaty and FC Metalist on 19 April
Appellant Yefremov requested that any and all sanctions imposed on him
The case was submitted to Panel of CAS arbitrators: Christian Duve, President of the Panel
anotiau (Belgium), and Mr François Klein (France
with their legal representatives and witnesses were heard by the Panel during a
written submissions and numerous exchanges between the parties
has decided to dismiss all appeals, with the exception of those filed by FC Metalist,
and two officials of FC Karpaty, which are partially upheld, and by Mr Yefremov, whi
. As a result the final sanctions imposed or confirmed by the CAS in a 250
is deprived of the bronze medal for the 2007/2008 sporting season of
Ukrainian Football Championship and is imposed a fine of USD 25,000 in a Hryvnyia
; the decision of the FFU to deprive FC Metalist of 9 points in the standings of the
2011/2012 sporting season of the Ukrainian Football Championship is set aside
that only repeated infractions to the disciplinary rules can lead to the deprivation of points
pursuant to the FFU regulations.
Court of Arbitration for Sport
KRAINE)
issued its decision in a
complex case involving ten individuals and two clubs from Ukraine who filed appeals against
Football Federation of Ukraine (FFU) further to
which took place between FC Karpaty and FC
Sports Director of FC Metalist), Mr Serhiy
, Mr Vasyl Kobin (football
(football player) and Mr
were sanctioned for being directly or indirectly involved in
ship 2007/2008 between FC
Honorary President of FC
and Mr Oleksandr Yefremov
were found to have illegally used information about the
fixed match and to have failed to take proper actions with regard to such information (i.e. to submit
it to the FFU authorities). Finally, the football clubs FC Metalist and FC Karpaty were held liable
for the behaviour of their football players or officials under the principle of strict liability.
requested that the CAS annul the decision of the FFU and the sanctions contained
rpaty and FC Metalist on 19 April
requested that any and all sanctions imposed on him
President of the Panel
France). The parties together
with their legal representatives and witnesses were heard by the Panel during a five-day hearing.
written submissions and numerous exchanges between the parties,
n of those filed by FC Metalist, FC
, and by Mr Yefremov, which is
in a 250-page award are
of the bronze medal for the 2007/2008 sporting season of
mposed a fine of USD 25,000 in a Hryvnyia
points in the standings of the
2011/2012 sporting season of the Ukrainian Football Championship is set aside considering
can lead to the deprivation of points Tribunal Arbitral du
2. Mr Krasnikov is banned
impose a fine of USD 10,000 in a Hryvnyia equivalent
3. Mr Pshenychnykh is banned
a fine of USD 10,000 in a Hryvnyia equivalent; a
4. Mr Ishchenko is banned from playing football professionally for 3 years and
fine of USD 10,000 in a Hryvnyia equivalent; an addition
5. Mr Kobin is banned from playing football professionally for 3 years and is imposed a fine of
USD 10,000 in a Hryvnyia equivalent; an addition
6. Mr Fedoriv is banned from playing football professionally for 3 years and is imposed a fine
of USD 10,000 in a Hryvnyia equivalent; an additional probation of 2 years applies.
7. Mr Nalepa is banned from playing football professi
of USD 10,000 in a Hryvnyia equivalent; an addition
8. Mr Lashchenkov is banned from playi
fine of USD 10,000 in a Hryvnyia
9. Football Club Karpaty is imposed a fine of USD 25,000 in a Hryvnyia equivalent; the
decision of the FFU to deprive FC
sporting season of the Ukrainian Football Championship is set aside
repeated infractions to the disciplinary rules can lead to the deprivation of points pursuant to
the FFU regulations.
10. Mr Dyminskyy is ordered to pay a compulsory cash contribution amounting to USD 5,000
according to Article 13 (1.3) of the 2009 FFU DR. In addition, according to Article 13 (2.7),
(5) and (6) of the 2009 FFU DR, Mr Dyminskyy is imposed a conditional sanction in the
form of the prohibition to carry out any football related activity for one year which is
suspended on probation for a time period of one year.
11. Mr Dedyshyn is ordered to pay a compulsory cash contribution amounting to USD 2,500
according to Article 13 (1.3) of the 2009 FFU DR. In addition, according to Article 13 (
2.7), (5) and (6) of the 2009 FFU DR,
form of the prohibition to carry out any football related activity for the time period of six
months which is suspended on probation for a time period of one year.
12. The Appeal filed by Mr Yefremov
is set aside.
Considering that the decision to deprive FC Metalist and FC Karpaty of 9 points was stayed and has
never been enforced, the ranking
not need to be amended.
Tribunal Arbitral du Sport Court of Arbitration for Sport
is banned from carrying out any football-related activity for 5 years and to
impose a fine of USD 10,000 in a Hryvnyia equivalent.
is banned from playing football professionally for 3 years and
,000 in a Hryvnyia equivalent; an additional probation of 2 years applies
is banned from playing football professionally for 3 years and
fine of USD 10,000 in a Hryvnyia equivalent; an additional probation of 2 years applies
is banned from playing football professionally for 3 years and is imposed a fine of
USD 10,000 in a Hryvnyia equivalent; an additional probation of 2 years applies
is banned from playing football professionally for 3 years and is imposed a fine
of USD 10,000 in a Hryvnyia equivalent; an additional probation of 2 years applies.
is banned from playing football professionally for 3 years and is imposed a fine
of USD 10,000 in a Hryvnyia equivalent; an additional probation of 2 years applies
is banned from playing football professionally for 5 years and is imposed a
10,000 in a Hryvnyia equivalent.
is imposed a fine of USD 25,000 in a Hryvnyia equivalent; the
decision of the FFU to deprive FC Karpaty of 9 points in the standings of the 2011/2012
sporting season of the Ukrainian Football Championship is set aside
repeated infractions to the disciplinary rules can lead to the deprivation of points pursuant to
Mr Dyminskyy is ordered to pay a compulsory cash contribution amounting to USD 5,000
1.3) of the 2009 FFU DR. In addition, according to Article 13 (2.7),
(5) and (6) of the 2009 FFU DR, Mr Dyminskyy is imposed a conditional sanction in the
form of the prohibition to carry out any football related activity for one year which is
probation for a time period of one year.
Mr Dedyshyn is ordered to pay a compulsory cash contribution amounting to USD 2,500
according to Article 13 (1.3) of the 2009 FFU DR. In addition, according to Article 13 (
2.7), (5) and (6) of the 2009 FFU DR, Mr Dedyshyn is imposed a conditional sanction in the
form of the prohibition to carry out any football related activity for the time period of six
months which is suspended on probation for a time period of one year.
The Appeal filed by Mr Yefremov is upheld and the sanction issued by the
Considering that the decision to deprive FC Metalist and FC Karpaty of 9 points was stayed and has
g of the 20