The interpretation by the Court of Arbitration for Sport (CAS) with the FIFA regulations on the status and transfer of players conditions of agreements between the club and a footballer for definition of the player`s status

Автор: Vasilev I., Dorskiy A., Sinitsina N., Shabalina E., Shmigelskaya N.

Журнал: Вестник Академии права и управления @vestnik-apu

Рубрика: Теория и практика юридической науки

Статья в выпуске: 4 (53), 2018 года.

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In the present article, the authors address the issue of a study by the Court of Arbitration for Sport (CAS) of the norms of the FIFA Regulations on the status and transfer players, as well as the terms of specific contracts in connection with the definition of a player's professional or amateur status. The importance of referring to both directions is due to the ambiguity of the ap- plication of both the criteria for acquiring the status of a footballer and the legal consequences of owning one of two statuses. Thus, it is interesting to ask whether there is a discrepancy in the provisions of the FIFA Regulations between the signing of a professional contract by a footballer with the club and registration for the club as a professional as the basis for the right for the training compensation. Further, the article authors turn to the transfer of a footballer on loan in connection with the right to receive the training compensation. Special issues are the existence of an oral agreement between the club and a footballer, as well as the existence of a professional player`s contract as an obstacle to transfer to the reserve team. The present study concludes with the authors` appeal to CAS practice about the compensation of expenses incurred by the player as the second criterion for determining the status of a footballer: the level of such compensation, proving the number of expenses actually incurred the effect of the “minimum wage”.

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Cas, player's status, professional footballer, amateur footballer, practice of court of arbitration for sport, training compensation

Короткий адрес: https://sciup.org/14120274

IDR: 14120274

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