Problems of proof in football clubs’ disciplinary liability for match-fixing: Practice of the court of arbitration for sport (CAS) (2009–2014)

Cai Jun, Ilia A. Vasilyev, Margarita P. Izmalkova, Pang Dongmei, Raisa I. Khalatova

Результат исследований: Научные публикации в периодических изданияхстатья

Выдержка

Match-fixing is one of the most serious threats to professional football. As noted in one of the decisions of the Court of Arbitration for Sport (CAS), CAS 2014/A/3628, “… the protection of the integrity of the competitions is absolutely essential for UEFA, as match fixing is considered to be the biggest threat to sport because it touches at the very essence of the principles of loyalty, integrity and sportsmanship”. In this article CAS decisions for the period 2009–2014 on cases related to the liability of clubs for match-fixing by officials or players are systematically introduced into scientific circulation. For this purpose, the authors consider the arguments of the parties and CAS in disputes and make the following conclusions. First, the arbitration is not inclined to impose a conditional sanction or reduce the size of the sanction on the basis of proportionality. Secondly, CAS considers an administrative measure to be different in nature from sanctions and therefore not subject to the principle of proportionality. Thirdly, the application of the principle of strict liability allows to hold the clubs that participated in match-fixing activities liable without proving the existence of the club’s consent to illegal actions. Fourthly, in order to protect the integrity of sport CAS accepts the use of a wide range of evidence to confirm the fact of match-fixing, including the evidence, the application of which is deemed unacceptable in national legal systems.

Язык оригиналаанглийский
Страницы (с-по)343-362
Число страниц20
ЖурналJournal of Siberian Federal University - Humanities and Social Sciences
Том12
Номер выпуска3
DOI
СостояниеОпубликовано - мая 2019

Отпечаток

arbitration
clubs
liability
Sports
sanction
integrity
proportionality
threat
legal system
loyalty
evidence

Предметные области Scopus

  • Антропология

Цитировать

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abstract = "Match-fixing is one of the most serious threats to professional football. As noted in one of the decisions of the Court of Arbitration for Sport (CAS), CAS 2014/A/3628, “… the protection of the integrity of the competitions is absolutely essential for UEFA, as match fixing is considered to be the biggest threat to sport because it touches at the very essence of the principles of loyalty, integrity and sportsmanship”. In this article CAS decisions for the period 2009–2014 on cases related to the liability of clubs for match-fixing by officials or players are systematically introduced into scientific circulation. For this purpose, the authors consider the arguments of the parties and CAS in disputes and make the following conclusions. First, the arbitration is not inclined to impose a conditional sanction or reduce the size of the sanction on the basis of proportionality. Secondly, CAS considers an administrative measure to be different in nature from sanctions and therefore not subject to the principle of proportionality. Thirdly, the application of the principle of strict liability allows to hold the clubs that participated in match-fixing activities liable without proving the existence of the club’s consent to illegal actions. Fourthly, in order to protect the integrity of sport CAS accepts the use of a wide range of evidence to confirm the fact of match-fixing, including the evidence, the application of which is deemed unacceptable in national legal systems.",
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Problems of proof in football clubs’ disciplinary liability for match-fixing : Practice of the court of arbitration for sport (CAS) (2009–2014). / Jun, Cai; Vasilyev, Ilia A.; Izmalkova, Margarita P.; Dongmei, Pang; Khalatova, Raisa I.

В: Journal of Siberian Federal University - Humanities and Social Sciences, Том 12, № 3, 05.2019, стр. 343-362.

Результат исследований: Научные публикации в периодических изданияхстатья

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