Mikhail Prokopets: Zenit will be able to terminate the contract with Criscito, but not without difficulties

30.05.2012

Mikhail Prokopets, Head of Sports Law Group of the Law Firm "YUST", told RAPSI agency that Zenit football club, according to the Russian legislation, would be entitled to terminate the contract with Domenico Criscito, fullback of the Italian national team, if he is disqualified in Italy for having participated in “negotiated” matches.

The lawyer mentioned that if the player himself does not agree with such decision and appeals against it, “it would be difficult to foretell” the outcome.

Disqualification loomed Domenico Criscito, fullback of the Italian national team of Zenit of St.Petersburg, in connection with the scandal of negotiated matches in A Series – the top Italian football division. On Monday May 28th the Italian media informed that 19 people were detained by the Italian police, including Stefano Mauri, captain of Lazio, suspected of “involvement in criminal activities aimed at deceit and fraud”, as a result of an investigation. Criscito was simultaneously interrogated at the base of “Squadra Azzurra” in Coverciano (Florence).

How to calculate the damage?

M.Prokopets believes that now everyting depends on “the terms of the contract entered into by Criscito and Zenit, and on the way FIFA Dispute Resolution Chamber - which is authorized to consider the disputes between Russian football clubs and their players who are foreign nationals - construes certain circumstances of the conflict”.

He is of the opinion that, if Criscito is disqualified, Zenit will actually be entitled to “bid him an early farewell”.

This is fixed by Article 348.11 of the Labour Code (LC) of the Russian Federation, according to which “sports disqualification for six months and more” may be a reason “to terminate the employment contract with the athlete”.

However, notes the lawyer, if such decision becomes an object of a dispute, “many details will have to be taken into account”.

The interlocutor of the agency said: “Since Criscito plays in a Russian club, that is – actually works in a Russian company, he is therefore subject to the provisions of the Russian legislation”.

But the same Article 348.11 of the LCRF stipulates that the contract with the player “may”, not “must”, be terminated in the event of his disqualification. Consequently, says the expert, the player may disagree with the “automatic” dismissal and theoretically be entitled to argument that he was disqualified in another country, when playing for another club, and caused no direct damage to Zenit itself. M.Prokopets explained that only reputational damage may be alleged, but added: “Here too there are no clear criteria”.

The lawyer reminded that FIFA Dispute Resolution Chamber was competent to consider the disputes between national clubs and their players – foreign nationals. Theoretically, the Chamber in such cases must follow the legislation of the country, to which the club where he plays belongs, in this case – the Russian legislation. The expert noted: “But it is very rarely practiced”.

M.Prokopets said: ”Most often, and for a variety of reasons – insufficient clarity of contract wordings, differences in the construction of the Russian legal provisions – the Chamber, for the sake of simplicity, applies the laws of the country where it is located: Switzerland. In such cases, even separate words and phrases used by the opposing parties as well as actual circumstances may play the decisive role”.

Back to “negotiated” matches

The investigation was initiated upon receipt by the police of information on the supposedly unfair result of the match between Lazio and Genoa – for which Criscito played prior to his transfer to Zenit – on May 14, 2011. The Italian media informs that, according to the version of the investigators, several players met in a restaurant and discussed the result of the next match. Criscito was supposedly present at the meeting, as was Giuseppe Sculi, forward of Genoa, also known for being a grandson of Giuseppe Morabito. The latter supposedly heads one of the Sicilian Mafia organizations.

Under the Italian sports law, Criscito may be disqualified for at least 6 months even if it is proven that he did not participate in the collusion, but knew of the unfair match result and did not inform the police.

For more details see here.