Double transfer Bibrasa Natho And Romana Eremenko to CSKA from Rubin (with reservations: the Israeli still joined the team in transit through PAOK), as well as a likely move to Queens Park Rangers Lassanas Diarra And Mbarka Boussouf make us remember and classify all examples of chain transactions in our and European clubs. There have been plenty of such transfers in Europe in recent years, when a bunch of players are acquired at once.
Russia
In Russia there are several basic schemes for double (triple and so on) transitions. Firstly, football players often travel for certain coaches: headed Gadzhi Gadzhiev Makhachkala "Anzhi" - and Benoit Angbwa And Gia Grigalava right there; went Yuri Semin from “Gabala” to “Mordovia” - Niasse And Ebecilio next. Secondly, clubs that are often relegated from the Premier League give newcomers whole bunches of championships: this is how they ended up in Ufa Brown Forbes And Dmitry Verkhovtsov from “Wings”, and the goalkeeper went to them as a bonus Sergey Veremko, rented. Finally, we must not forget that at any moment another club in Russia may fall apart and be torn apart.
Alexander Ryazantsev, Christian Ansaldi, Salomon Rondon - from Rubin to Zenit
One of the long-standing amusements of our football is moving from Kazan to St. Petersburg. “Zenith” constantly “undresses” “Rubin”, but these transitions do not always bring happiness. Alexander Bukharov, for example, turned from a scorer into a rowdy, Ansaldi did not last long in conditions of fierce competition, and the purchase Alejandro Dominguez would have been unsuccessful if not for the Argentine’s golden takeaway in Ramenskoye.
Alexey Ionov, Vladimir Gabulov, Christopher Samba, Yuri Zhirkov, Igor Denisov - from Anzhi to Dynamo
The most ambitious transfer of players in the history of the RFPL happened last summer, when the collapsed Anzhi sold players wholesale to Dynamo - so that the Moscow club barely had time to present everyone. Not yet included in the list Alexander Kokorin, who received treatment at Anzhi and returned to his native white and blue penates. The wreckage of Anzhi in other places surfaced in pairs: Diarra and Boussoufa went to Lokomotiv, taking Arsenia Logashova, A Samuel Eto'o And Willian went to Chelsea.
England
In England, by the way, group transportation is held in high esteem by football players like nowhere else in Europe. . Liverpool made the most daring shopping trip this summer, taking a bite out of the Southampton pie - Adam Lallana, Rickie Lambert And Dejana Lovrena. However, the most experienced wholesaler in England is Manchester City: last summer they annexed the city from Sevilla. Jesus Navas And Alvaro Negredo, in the same year the eyes of the British fell on “Porto”, which over the summer lost Elyakima Mangala And Fernando. Chelsea also often looks into the transfer store with a large basket: first it contained the already mentioned Eto'o and Willian, bought on sale, and now - Diego Costa And Felipe Luis from the star Atlético.
They are not averse to buying players in bundles and clubs of a lower rank, and the main wholesale warehouse for them is also Spain. So, in Aston Villa there were defenders who knew each other well from Valencia Philip Senderos And Ali Sissoko, and Swansea, already famous for its Spanish diaspora, replenished last summer Jose Cañas And Alejandro Pozuelo from Betis. But Sunderland made purchases in England, purchasing from City Church of Pantilimon And Jack Rodwell. It’s not all for the “city dwellers” to buy up everyone.
Spain
But in Spain itself, which supplies players to England, mass purchases are not popular. The whole point is that in Spain, in principle, two and a half clubs are ready to buy a lot, and even one powerful transfer goes to licking financial wounds, and not to finding a replacement. The two clubs that are ready to buy are not interested in wholesale: they prefer piece goods of the 999th standard, leaving consumer goods to England - that is why Spanish teams played in the Champions League final, and not Chelsea and Man City. Therefore, there are not many examples of chain procurement in the Example over the past couple of years: Thomas Pina And Giovani dos Santos migrated from Mallorca to Villarreal, just a month ago Espanyol stole from Zaragoza Paco Montanesa And Alvaro Gonzalez, and Getafe did the almost incredible for modest Spanish teams by making a double international transfer, acquiring from Schalke Escudero And Cipriana Maricu.
Sevilla signed a double loan before the start of this season, and this is much more similar to the Spanish club - even though this club won the Europa League.
Gerard Deulofeu And Denis Suarez went to Andalusia from Barcelona, and the irony is that Suarez is called to replace the one who left for Barca from Seville Ivan Rakitic.
Germany
In Germany they like to buy players in flocks even less - even Bayern did not gnaw Borussia after its takeoff, but carefully plucks off pieces one by one, prolonging the pleasure. All the more surprising for the Bundesliga was last year’s triple move to Stuttgart from Hannover. Konstantina Raush, Karim Haggi And Mohammed Abdellaoue. He brings good luck to the Swabians, as does almost everything that a club manager does Fredi Bobic, did not bring: Rausch played 23 matches, and Stuttgart won only five times in them, striker Abdellaoue scored one goal in 17 meetings, and Haggie played only six games, appearing on the field three times after the 85th minute. Another paired transfer was also unsuccessful: Makoto Hasebe And Emmanuel Pogatec, moving from Wolfsburg, were supposed to add experience to Nuremberg, but in the end they collapsed with the team into the second Bundesliga.
Italy
Finally, in the Italian market everything is always complicated due to the intricate scheme in which more than one club can own the rights to a player. As a result, taking into account the poor financial condition of many clubs, Italians, in principle, rent much more often than buy. That is why last year's test purchase of Napoli in Real Madrid, during which they acquired Raul Albiol, Jose Callejon And Gonzalo Higuain, became a big exception - the Neapolitans could wave their wallets by selling to Paris Edinson Cavani. Sassuolo has a much more similar scheme to Italy: buy from Genoa Šime Vrsalkoji and get rent Davide Biondini And Antonio Floro Flores as a gift. Floro Flores, by the way, justified his move: it was his goal that brought Sassuolo its first victory in history in Serie A.
Pentsov D.A., head of the working group on protecting the rights of athletes of the Commission on Sports Law of the Russian Lawyers Association, candidate of legal sciences; Master of Laws, Faculty of Law, University of Geneva; Member of the New York State Bar (USA); lawyer, law firm "Froriep Renggli", Geneva, Switzerland<*>.
<*>Responsibility for the opinions expressed in this article lies entirely with the author. This article is written for informational purposes only, and if legal advice is needed, you should consult a lawyer.
I. Introduction
Although players have an employment relationship with their clubs, the rules regarding their transfer from one club to another (transfer) differ significantly from the rules that apply to the termination of contract and change of employment by other employees outside the sports sector. The need for such special rules is usually justified by the need to achieve a fair balance between the interests of players, clubs and other participants in the sports sector, such as sports federations, fans, broadcasters and sponsors:
- maintaining competitive balance. If one club is able to get everyone best players, this may result in other clubs being unable to compete with this club and the result of the competition may become easily predictable. When competition results become easily predictable, experience has shown that this leads to a loss of interest among viewers, sponsors, broadcasters and advertisers. Thus, there is some interest among clubs and players in maintaining a certain competitive balance, at least in the long term<1>;
<1>See, for example: Lewis A. & Taylor J. Sport: Law and Practice (2nd ed., 2008). P. 576; Weatherhill S. “Fair Play please!”: Recent developments in the application of EC law to sport // Common Market Law Review. 2003. Vol. 40. N 1. P. 54; Van den Bogaert S., Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman (2005). P. 201.
- distribution of benefits from transfer fees and compensation for player training. Usually young players are selected and trained by small local clubs. Large clubs also train players, but there are much fewer such clubs than small clubs. Therefore, the more players trained by small clubs, the greater the number of trained players in the sport as a whole will be. Accordingly, transfer fees paid by large clubs to small clubs contribute to the continued existence of these small clubs and thereby contribute to the maintenance of competitive balance<2>;
<2>Lewis A. & Taylor J. Sport: Law and Practice (2nd ed., 2008). P. 577.
- stability of team composition and “windows” for transitions. If players were free to leave their team at any time to join another team that offered them, for example, better conditions, this could make it difficult to plan the team's performance as a whole. In addition, it could affect the integrity of the competition when a team, by recruiting certain individual players during the season could achieve previously unattainable success or gain decisive points<3>.
<3>Lewis A. & Taylor J. Sport: Law and Practice (2nd ed., 2008). pp. 578 - 579.
From this point of view, the presence of special rules governing transfers, to a certain extent, leads to a limitation in the ability of players to freely move from one club to another. While such restrictions are reasonable in principle, athletes' rights require additional protection during transitions. Such protection may be required primarily in cases where the rules governing the transfer do not comply with the current legislation of the Russian Federation. In addition, there may be situations where the norm is not formulated clearly enough, which can create problems in its practical application. Finally, the lack of regulations on a number of issues related to the transfer of players can also create problems when they move from one club to another. Ensuring that players' rights are protected during transfers is all the more necessary given that sports clubs have a stronger bargaining position than players when negotiating transfer terms.
On the other hand, there is no doubt that sports clubs and federations are also interested in respecting the rights of players during their transfer. Among other things, the absence of violations of players' rights can allow clubs to avoid waste caused by legal costs associated with resolving disputes that arise, as well as negative publicity. Accordingly, the proposed article highlights those rules regulating the transfer of players that may create problems for the observance of the rights of athletes due to their inconsistency with the current legislation of the Russian Federation, due to the difficulties of their practical application, as well as those areas in which the adoption of additional rules may be required. Before directly analyzing potential problems and making recommendations for their prevention, it would be advisable to present a general description of the legal regulation of player transfers under the legislation of the Russian Federation.
II. General characteristics of the legal regulation of transfers of players under the legislation of the Russian Federation
- The system of legal regulation of transfers of players under the legislation of the Russian Federation.
The system of legal regulation of transitions (transfers) of players from one club to another in the Russian Federation consists of three groups of regulations:
- Constitution and legislative acts of the Russian Federation;
- Rules on the transfer of international players sports federations;
- Rules on the transfer of players from all-Russian sports federations.
Along with the Constitution, the main legislative acts of the Russian Federation on the issue of regulating the labor of athletes in general are the Labor Code of the Russian Federation (LC RF)<4>, in particular Chapter 54.1 “Features of regulation of the labor of athletes and coaches”, and the Federal Law “On physical culture and sports in the Russian Federation" (Law on Physical Culture and Sports)<5>. Although neither the Labor Code of the Russian Federation nor the Law on Physical Culture and Sports contain special rules that would directly regulate player transfers, they allow for the possibility of all-Russian sports federations adopting regulations on this issue.
<4>Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (with subsequent amendments) // Collection of legislation of the Russian Federation. 2002. N 1. Art. 3.
<5>Federal Law “On Physical Culture and Sports in the Russian Federation” dated December 4, 2007 N 329-FZ // Collection of Legislation of the Russian Federation. 2007. N 50. Art. 6264.
Thus, Chapter 54.1 of the Labor Code of the Russian Federation establishes that the specifics of regulating the work of athletes and coaches are established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, as well as local regulations adopted by employers in accordance with the requirements of Article 8 of the Labor Code of the Russian Federation, taking into account the norms approved by all-Russian sports federations, and the opinion of the elected body of the primary trade union organization<6>. Similarly, the Law on Physical Culture and Sports provides for the right of all-Russian sports federations to develop, taking into account the rules approved by international sports federations, the rules of relevant sports, as well as to approve norms establishing rights and obligations, including sports sanctions, for subjects of physical activity that recognize such norms. culture and sports<7>.
<6>Labor Code of the Russian Federation, Article 348.1, part 3.
<7>
The International Sports Federations' Player Transfer Regulations contain detailed rules for the respective sport and must be followed by the National Federations. Thus, the FIFA Regulations on the Status and Transfer of Players (2009) establish universal and binding rules regarding the status of players, their eligibility to participate in organized football and their transfer between clubs belonging to different associations.<8>.
<8>FIFA: Regulations on the Status and Transfer of Players (2009), with text on English can be found at: URL: http:// www.fifa.com/ mm/ document/affederation/ administration/ 66/ 98/ 97/ statusandtransfer_ en_ 2505.pdf (last visited 10/25/2009).
In turn, all-Russian sports federations adopted their own rules regulating player transfers. So, in Russian football transfers of players are regulated by the Regulations of the Russian Football Union (RFU Regulations on the status and transfers of football players)<9>. In the Russian Hockey Federation, transfers are regulated by the Regulations on the status and transfers of hockey players<10>, while in the Russian Continental hockey league- Regulations open championship Russian hockey - championship of the Continental Hockey League, agreed with the Russian Hockey Federation<11>.
<9>Regulations of the Russian Football Union on the status and transfers of football players, approved by the Executive Committee of the Russian Football Union on December 18, 2006, the text in Russian can be found at: URL: http:// www.rfs.ru/?node= regltransfer ( last visit 10/25/2009).
<10>Russian Hockey Federation: Regulations on the status and transfers of hockey players, approved by the Executive Committee of the Russian Hockey Federation on June 18, 2009, the text in Russian can be found at: URL: http:// www.fhr.ru/ content/ pages/ 27_26.html (last visit 10/25/2009).
<11>Continental Hockey League: Regulations for the Russian Open Hockey Championship - the championship of the Continental Hockey League for the 2008-2009 season, the text in Russian can be found at: URL: http:// www.khl.ru/ documents/ CHL_ REGLAMENT_ 2008-2009_ 02-08-08.pdf (last visited 10/25/2009).
- The relationship between the legislation of the Russian Federation and the rules on the transfer (transfer) of players.
In the rule-making activities of all-Russian sports federations, two types of norms can be distinguished: (1) rules of the game and (2) norms of labor law. As for the “rules of the game,” the Law on Physical Culture and Sports provides for the right of all-Russian sports federations to develop, taking into account the rules approved by international sports federations, the rules of relevant sports, as well as to approve norms establishing rights and obligations, including sports sanctions, for subjects of physical culture and sports recognizing such norms<12>. Considering that sports federations by their legal nature are public associations<13>, it is advisable to limit state intervention in their activities in the process of developing and applying the “rules of the game” to cases of violation of the constitutional rights of citizens.
<12>Law on Physical Culture and Sports, Article 16(1)(5).
<13>Law on Physical Culture and Sports, Article 14(1).
As for the norms of labor law, the Labor Code of the Russian Federation allows law-making by all-Russian federations in this area, since it indicates the need to take into account the norms approved by all-Russian sports federations when employers adopt local regulations in accordance with the requirements of Article 8 of the Code<14>. Since the norms regulating the transfer of players represent a certain restriction of the rights of athletes to freely change their place of work, in accordance with the Labor Code of the Russian Federation, such norms can be established exclusively by the Code itself or in the cases and manner provided for by it<15>. Therefore, the norms of all-Russian sports federations regulating the transfer of players must comply with the provisions of the Labor Code of the Russian Federation. If there are contradictions between the provisions of the Labor Code of the Russian Federation and these norms, then the provisions of the Labor Code of the Russian Federation should prevail.
<14>Labor Code of the Russian Federation, article 348.1(3).
<15>Labor Code of the Russian Federation, article 252.
III. Protecting the rights of players during their registration
In accordance with the RFU Regulations on the status and transitions (transfer) of football players, a professional footballer, as well as an amateur footballer who wishes to participate in any competition organized or recognized by the RFU, must be registered on behalf of the RFU by the regional football federation located on the territory of the corresponding subject of the Russian Federation Federation<16>. Only registered football players have the right to play organized football. By registering, the football player agrees to comply with the statutory and regulatory documents of FIFA, UEFA, RFU and the relevant association<17>. Registration of professional football players to participate in football competitions can be carried out only in one of two registration periods during the year, while in one sports season within 12 months the registration of a professional football player is limited, as a rule, to one transfer. One of these deadlines is set after the end of the sports season, the second - in the middle of the sports season.<18>.
<16>
<17>RFU Regulations on the status and transfers of football players, Article 5(1).
<18>RFU Regulations on the status and transfers of football players, Article 5(2).
The RFU Regulations also provide that in all cases:
- during one sports season, a professional football player can be registered (declared) to participate in competitions for no more than two professional football clubs;
- During registration periods within one sporting season, a professional footballer may be registered with no more than three professional football clubs. At the same time, a professional football player has the right to play in official matches only for two professional football clubs<19>.
No professional footballer may be simultaneously registered to play in football teams two different professional football clubs. No amateur football player can be simultaneously registered to play in two amateur football teams (clubs)<20>. Participation in any official football match a football player not registered in accordance with the established procedure entails the application of sanctions to the specified football player and (or) football club<21>. On the other hand, in the Kontinental Hockey League there is no requirement for player registration, similar to the requirements of the RFU.
<20>RFU Regulations on the status and transfers of football players, Article 5(4).
<21>RFU Regulations on the status and transfers of football players, Article 5(12).
- Possible violations of player rights during registration and ways to prevent them.
A. It is inadmissible to establish a probationary period in football players’ employment contracts.
In light of the existing rules of the RFU Regulations on the registration of football players, the inclusion of a probationary period in their employment contracts can create problems during their subsequent employment. As noted by the FIFA Dispute Resolution Chamber in decision N 86833, the establishment of a probationary period in the employment contracts of football players is unacceptable<22>. Such periods are usually established solely in favor of the employer, i.e. the party in the employment relationship that typically has greater bargaining power. Moreover, according to the FIFA Chamber, by its nature, the probationary period fundamentally violates one of the foundations of the previous and current version of the FIFA Rules on the Status and Transfer of Players, namely the maintenance of contractual stability and the rules relating to the stability of contractual relations. For example, if clubs and/or players had the option of terminating their employment contract due to a probationary period, players might have difficulty finding other employment in the light of Articles 5 and 6 of the Status and Transfer of Players Regulations (2005 edition). In addition, such termination of the contract would violate the basic principle enshrined in Article 13 of the Rules<23>.
<22>See: paragraph 19 of decision N 86833 of the FIFA Dispute Resolution Chamber of August 17, 2006 // Weger F. The Jurisprudence of the FIFA Dispute Resolution Chamber (2008). pp. 583 - 587. According to Article 13 of the FIFA Rules (2005 edition), a contract between a professional player and a club can only be terminated at the end of the contract or by agreement of the parties.
<23>Paragraph 19 of decision No. 86833 of the FIFA Dispute Resolution Chamber of August 17, 2006.
From this point of view, the inclusion of a probationary period in an employment contract can create difficulties in the subsequent employment of football players, since according to the RFU Regulations, a professional football player during registration periods during one sports season has the right to play in official matches only for two professional football clubs<24>. Thus, if an employment contract with a football player has already been terminated by one club, termination of an employment contract with the same football player by another club during the same season will result in the player being unable to play for professional club before the end of the season. Accordingly, if the club has the right to terminate the employment contract during the probationary period, it has powerful leverage over the football player.
<24>RFU Regulations on the status and transfers of football players, Article 5(3).
To eliminate the possibility of this problem arising, it is advisable to supplement the RFU Regulations on the status and transitions (transfer) of football players with a special provision that directly prohibits the inclusion of a condition on establishing a probationary period in the employment contracts of football players.
B. Providing the possibility of registration in a new club as a temporary measure upon termination of an employment contract with the previous club, if there are sufficient grounds.
When terminating an employment contract with a previous club, if there are sufficient grounds, and a subsequent dispute arises before the final resolution of the dispute, it is advisable to allow the registration of a football player in the new club as a temporary measure. This may allow the player to continue his career at a new club while the merits of the dispute continue, i.e. dispute regarding maintaining the stability of contractual relations<25>. Accordingly, it is advisable to supplement Chapter XVI “Dispute Resolution” of the RFU Regulations with a provision granting the Dispute Resolution Chamber of the RFU Committee on the Status of Players the right to apply temporary measures, including registering a football player in a new club, until the end of consideration of the dispute on the merits.
<25>FIFA: Commentary on the Regulations for the Status and Transfer of Players, p. 24, the text in English can be found at: URL: http:// www.fifa.com/ mm/ document/affederation/ administration/ 51/ 56/ 07/ transfer_ commentary_ 06_ en_ 1843.pdf (last visited 10/25/2009 ).
IV. Protecting the rights of players during their “rental”
- Contents of current legislation and regulations of all-Russian sports federations.
By its legal nature, a “loan” of players is the transfer of players from one club to another for a predetermined period of time<26>. General provisions on the temporary transfer of athletes to the Russian Federation are contained in the Labor Code of the Russian Federation<27>. Thus, in cases where the employer is not able to ensure the athlete’s participation in sports competitions, it is allowed, by agreement between employers, to temporarily transfer an athlete with his written consent to another employer for a period not exceeding one year<28>. For the period of temporary transfer, the employer at the place of temporary work concludes a fixed-term employment contract with the athlete in accordance with the requirements of Article 348.2 of the Labor Code of the Russian Federation<29>. For the period of temporary transfer of the athlete to another employer, the validity of the initially concluded employment contract is suspended, i.e. the parties suspend the exercise of rights and obligations established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, as well as the exercise of rights and obligations arising from the terms of the collective agreement, agreements, employment contract, with the exception of the rights and obligations established part two of article 348.7 of the Labor Code of the Russian Federation<30>.
<26>FIFA: Commentary on the Regulations for the Status and Transfer of Players. P. 31 (commentary to article 10).
<27>Labor Code of the Russian Federation, article 348.4.
<28>
<29>Labor Code of the Russian Federation, Article 348.4, part 2.
<30>
In case of early termination of an employment contract concluded for the period of temporary transfer of an athlete to another employer, on any of the grounds provided for by the Labor Code of the Russian Federation, the initially concluded employment contract is valid in full from the next working day after the calendar date with which the termination of the employment contract concluded on temporary transfer period<31>. If, after the expiration of the temporary transfer to another employer, the athlete continues to work for the employer at the place of temporary work and neither the athlete nor the employer with whom the employment contract was originally concluded requires termination of the employment contract concluded for the period of the temporary transfer and the renewal of the originally concluded employment contract contract, then the initially concluded employment contract is terminated and the validity of the employment contract concluded for the period of temporary transfer is extended for a period determined by agreement of the parties, and in the absence of such an agreement - for an indefinite period<32>.
<31>Labor Code of the Russian Federation, Article 348.4, part 6.
<32>Labor Code of the Russian Federation, article 348.4, part 7.
Besides general provisions The Labor Code of the Russian Federation on the temporary transfer of an athlete to another employer; in football, the rental of players is also specifically regulated by the RFU Regulations on the status and transfer of football players<33>. Thus, the RFU Regulations define the “rent” of a football player as the transfer of a professional football player who has a valid employment contract with a professional football club to another professional football club. football club for temporary participation in football competitions for another professional football club associated with the following conditions:
<33>RFU Regulations on the status and transfers of football players, Article 7(5).
- the presence at the time of transition of an employment contract with a deferred entry into force, concluded between a professional football player and a professional football club (from which the professional football player is transferring), indicating the will of the parties to resume employment relations after the end of the temporary performance of the professional football player for another professional football club club;
- retention of the right to receive compensation for the training and improvement of the skills of a professional football player by a professional football club with which the professional football player had a valid employment contract before moving on a “lease” basis<34>.
According to the Regulations, a professional football player, if he has his consent, can be transferred for temporary performance on a “loan” basis to another professional football club on the basis of an appropriate transfer contract. The standard form of a transfer contract for the transfer (transfer) of a football player on a “lease” basis is approved by the RFU and is mandatory for use by professional football clubs. The transfer contract for the transfer (transfer) of a football player on a “lease” basis, as well as appendices, changes and additions to it must be drawn up in writing, signed page by page by the professional football player, the heads of both professional football clubs and certified by the seals of these football clubs<35>.
<35>RFU Regulations on the status and transfers of football players, Article 7(5), part 1.
The transfer of a football player on loan from one professional football club to another professional football club is subject to the rules that apply to the normal transfer of football players, including provisions for the payment of compensation and the application of the solidarity mechanism<36>. Subject to the provisions of paragraph 3 of Article 5 of the Regulations, the minimum period of “rental” is the period of time between two registration periods<37>.
<36>RFU Regulations on the status and transitions (transfer) of football players, Article 7(5), part 2. See also: paragraph 12 of decision N 106419 of the FIFA Chamber for Dispute Resolution of October 26, 2006; paragraph 8 of decision N 961202B of September 28, 2006 // Weger F. The Jurisprudence of the FIFA Dispute Resolution Chamber (2008). pp. 637 - 640, 627 - 629.
<37>
A professional football club that has accepted a professional football player on a “lease” basis cannot take actions aimed at transferring this football player to a third professional football club. If a professional football club that accepted a professional football player on a “lease” basis does not comply with the terms of the corresponding transfer contract concluded on a “lease” basis and (or) the terms of the employment contract with a professional football player who transferred on a “lease” basis, then the specified a professional football club may be subject to appropriate sanctions<38>.
<38>RFU Regulations on the status and transfers of football players, Article 7(5), part 4.
The transfer of a professional footballer from one professional football club to another professional football club on loan is considered one transfer. At the same time, the return of a professional football player to his former professional club, from which he transferred on loan terms, is not a transfer.<39>.
<39>RFU Regulations on the status and transfers of football players, Article 7(5), part 5.
The standard form of a transfer contract on a “lease” basis (Appendix No. 8 to the RFU Regulations) provides for a number of additional provisions. Thus, when a transfer contract is concluded to transfer a football player on loan terms, his fixed-term contract with the first football club is terminated<40>with the subsequent resumption of labor relations by concluding a new fixed-term employment contract after the expiration of the “lease” period<41>. During the period of validity of the transfer contract on a “lease” basis, the football player undertakes not to enter into employment contracts with other football clubs without the consent of the football club that transfers him to another club, and also to comply with the terms of the concluded transfer contract and employment contracts<42>. In addition, in accordance with the standard form, all disputes and disagreements arising under or in connection with a transfer contract on a transfer on a “lease” basis are resolved through negotiations between the parties. If the parties do not come to an agreement, all disputes will be resolved by the RFU disciplinary body in accordance with the RFU Regulations and other regulatory documents. Each party undertakes to comply with the decisions of the RFU disciplinary body made when resolving a contract dispute<43>.
<40>Standard form of a transfer contract on a “lease” basis, Article 1.
<41>Standard form of a transfer contract on a “lease” basis, Article 3.
<42>Standard form of a transfer contract on a “lease” basis, Article 4.
<43>Standard form of a transfer contract on a “lease” basis, Article 8.
In hockey, temporary transfer of hockey players is allowed in accordance with the Regulations on the status and transfers of hockey players of the Russian Hockey Federation. Thus, in accordance with these Regulations, a hockey player born after December 31, 1988 (the year of birth is subsequently adjusted accordingly depending on the current calendar year) has the right to temporarily play for another hockey club in the presence of a written agreement between the hockey club with which the contract of the professional hockey player is concluded at the main place of work, the club to which the hockey player temporarily transfers, and the hockey player<44>. An agreement on the temporary transfer of a hockey player is drawn up in writing in triplicate, signed page by page by the hockey player, the heads of hockey clubs and certified by the seals of these hockey clubs.<45>. The temporary transfer agreement must contain the transfer period (not exceeding one year), the amount of compensation for the transfer or an indication that the transfer is carried out without compensation, and the hockey player’s obligation, upon expiration of the temporary transfer period, to resume employment relations with the hockey club with which he has a professional contract. hockey player at his main place of work<46>.
<44>Regulations on the status and transfers of hockey players, clause 6.4.1.
<45>Regulations on the status and transfers of hockey players, clause 6.4.2.
<46>Regulations on the status and transfers of hockey players, clause 6.4.3.
A temporary transfer of a hockey player is formalized at the place of his main job as leave without pay, with the conclusion of a professional hockey player contract with the hockey club to which the hockey player is transferring for a period of up to one year on an external part-time basis. The term of a professional hockey player’s contract concluded on an external part-time basis must, in any case, expire before the expiration date of the professional hockey player’s contract concluded at the main place of work<47>. A hockey club that has entered into a contract with a hockey player as a professional hockey player on a part-time basis cannot take actions aimed at transferring this hockey player to a third hockey club.<48>. On the other hand, in the Kontinental Hockey League, temporary transfers (rental) are prohibited according to the collective agreement, agreements<49>.
<47>Regulations on the status and transfers of hockey players, clause 6.4.4.
<48>Regulations on the status and transfers of hockey players, clause 6.4.6.
<49>KHL Regulations (2008 - 2009), article 60(7).
- Possible violations of players' rights during "lease" and ways to prevent them.
A. Restrictions on maximum term rent.
Problems when “renting” football players may arise due to inconsistency between the rules of the RFU Regulations and the norms of the Labor Code of the Russian Federation regarding the maximum period for “renting” players. So, on the one hand, by establishing the period of time between two registration periods as minimum rental period<50>, The RFU Regulations at the same time do not limit maximum duration of the "lease". On the other hand, according to the Labor Code of the Russian Federation, the maximum period of “rental” of athletes, including football players, cannot exceed one year<51>. Thus, if a transfer contract for the transfer of a football player on loan terms is concluded for a period exceeding one year after the expiration of the first year of the contract, its parties may find themselves in a state of legal uncertainty. To eliminate the possibility of disputes arising regarding legal uncertainty when concluding a transfer contract for the transfer of a football player on a “loan” basis for a period of more than one year, it is proposed to amend the Labor Code of the Russian Federation in order to increase the maximum duration of the temporary transfer of players from one year to three years.
<50>RFU Regulations on the status and transfers of football players, Article 7(5), part 3.
<51>Labor Code of the Russian Federation, Article 348.4, part 1.
B. Status of the original employment contract under "lease".
Another possible source of problems when players transfer on loan terms may be the inconsistency of the rules of the RFU Regulations and the Labor Code of the Russian Federation with regard to the impact of concluding a transfer contract on lease terms on the original employment contract. Thus, according to the Labor Code of the Russian Federation, during the period of the football player’s “rent”, the validity of the initially concluded employment contract should not be terminated, but only suspended<52>. A similar explanation is contained in the Commentary to the FIFA Rules on the Status and Transfer of Players<53>. On the other hand, according to the standard form of a transfer contract on a “lease” basis, during the “lease” period the fixed-term employment contract with the first club is not suspended, but completely terminated.
<52>Labor Code of the Russian Federation, Article 348.4, part 3.
<53>FIFA: Commentary on the Regulations for the Status and Transfer of Players, p. 33, the text in English can be found at: URL: http:// www.fifa.com/ mm/ document/affederation/ administration/ 51/ 56/ 07/ transfer_ commentary_ 06_ en_ 1843.pdf (last visited 10/25/2009 ).
This discrepancy can also create a situation of legal uncertainty, which may lead to a violation of the rights of players and the subsequent emergence of disagreements and disputes on this issue. In order to eliminate this uncertainty, it is proposed to make changes to the standard form of a transfer contract to bring it into line with the requirements of the Labor Code of the Russian Federation so that when a contract is concluded on a “lease” basis, the validity of the original employment contract is not terminated, but only suspended.
V. Protection of the rights of players in cases where agents and third parties are involved in the transfer process
- Contents of current legislation and regulations of all-Russian sports federations.
In the Russian Football Union, the activities of agents are generally regulated by the RFU Regulations on agency activities<54>. According to its preamble, these Regulations were developed in accordance with the FIFA, UEFA and RFU Statutes, the FIFA Regulations on the Activities of Player Agents (FIFA Regulations)<55>, other regulatory documents of FIFA, UEFA, RFU, as well as taking into account the current legislation of the Russian Federation<56>. The RFU Regulations on agency activities regulate the procedure for issuing licenses for the activities of football players' agents ("License"), the activities of football players' agents ("Agent"), the relations of agents with football players, football clubs and among themselves, control over the activities of agents, as well as issues of application of sanctions for violation of this Regulation<57>.
<54>The RFU Regulations on agency activities, approved by Resolution of the RFU Executive Committee No. 131 of December 16, 2008, the text can be found at: URL: http:// www.rfs.ru/ files/ docs/ aaa.doc.
<55>URL: http:// www.fifa.com/mm/ document/affederation/ administration/ 51/ 55/ 18/ players_ agents_ regulations_ 2008.pdf.
<56>RFU Regulations on agency activities, preamble, paragraph 1.
<57>RFU Regulations on agency activities, preamble, paragraph 2.
In addition, the RFU Regulations on the status and transfers of football players contain a number of provisions regarding the activities of agents during transfers. Thus, in accordance with the RFU Regulations on the status and transitions (transfer) of football players, agents of football players who have the appropriate RFU certificate (license), as well as other persons acting in the manner established by current legislation, can represent the interests of football players in relations with football clubs and other organizations Russian Federation<58>. If, when concluding a transfer contract and (or) an employment contract, the services of a certified agent of football players were used, then a corresponding entry is made about this in the transfer contract and (or) employment contract indicating the surname, first name, patronymic of the agent, as well as information about the agent’s identification (license)<59>. On the other hand, in the Kontinental Hockey League, the participation of agents in the transfer of players is not specifically regulated.
<58>
<59>RFU Regulations on the status and transfers of football players, Article 32(1).
- Possible violations of players' rights in cases of involvement of agents and third parties and ways to prevent them.
A. Simultaneous representation of the interests of clubs and players.
As the experience of foreign countries shows, in the process of activity football agents associated with the transfer of players, the following violations most often occur:
- illegal payments to agents and agents (as well as third parties) to facilitate the transfer of players (English: "bungs")<60>;
- offering players for sale to other clubs, without the knowledge and consent of the club in which the player is registered (eng. "tapping up")<61>;
- simultaneous representation by an agent of both the club and the player during the negotiation process (eng. "dual representation")<62>.
Of these violations in the Russian Federation, the most likely is that the agent simultaneously represents both the club and the player during the negotiation process. In accordance with the RFU Regulations on agency activities, an agent is obliged to represent the interests of only one of the parties when discussing the terms of transfer of football players<63>. However, this provision does not prevent a situation where an agent represents a player until he finds a club interested in hiring the player. After this, the agent suspends the representation of the player’s interests and begins to represent the club. In addition, it is possible for another agent from the same agency to take the place of the original agent and continue the interests of the player<64>. To eliminate a possible conflict of interest, it is advisable to supplement the RFU Regulations on agency activities with a provision according to which, until the transfer process is completed, the agent and his agency representing the player or club do not have the right to represent the same club or player.
<63>RFU Regulations on agency activities, Article 18(1)(d).
<64>Parrish R. Regulating Players" Agents: A Global Perspective. P. 6.
B. The agent does not have a license.
Using the services of an unlicensed agent, unless such a license is required, may result in sanctions being imposed on both players<65>, and to football clubs<66>, including the invalidity of the relevant transactions concluded by the football club. In order to prevent the onset negative consequences in the form of imposition of sanctions and invalidity of concluded transactions, before concluding an agency agreement, it is advisable to check whether the agent has the appropriate license. A list of football agents who have received licenses can be found on the website of the Russian Football Union. To provide up-to-date information about licensed agents, it is advisable to regularly update this list indicating which licenses are valid, suspended, and in which cases agents were deprived of licenses<67>. Until this is done, when concluding a contractual relationship with an agent, it is advisable to require him to provide the original or a certified copy of the license.
<65>RFU Regulations on agency activities, article 23.
<66>RFU Regulations on agency activities, article 25.
<67>See: Agents of RFU football players. URL: http:// www.rfs.ru/ ?node= agent-info.
B. Agency agreement.
In accordance with the RFU Regulations on agency activities, the parties to an agency agreement have the right to enter into additional agreements that are an integral part of the agency agreement, subject to compliance with the requirements of these Regulations<68>. As has already been noted in the literature, the need to conclude several agreements instead of amending the original agreement is not in the interests of either the players or the clubs<69>. Therefore, it is advisable to amend the RFU Regulations on agency activities so that the parties to the agency agreement have the right to make changes to its original version, instead of entering into additional agreements.
<68>RFU Regulations on agency activities, article 15(13).
<69>Gorlova D. Russia // Players" Agents Wordwide: Legal Aspects (Siekmann R., Parrish R., Martins R.B., Soek J., eds., 2007). P. 453.
VI. Conclusion
Having player transfer rules that protect their rights helps achieve a fair balance between the interests of players, clubs, governing bodies, fans, broadcasters and sponsors. This, in turn, can help improve the competitiveness and commercial success of participating teams. From this point of view, introducing the proposed changes to the current rules on the transfer of players of all-Russian sports federations can help achieve these goals.
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These rules were approved by the Chairman of the NGO "BFHT" V.N. Ivanov.
(according to the minutes of the meeting of the Presidium of the NGO "BFHT" No. 10, dated July 31, 2012).
RULES FOR DOMESTIC AND INTERNATIONAL TRANSITIONS OF PLAYERS FROM ONE CLUB TO ANOTHER
1.General provisions
This provision regulates the procedure for the transfer of athletes from one sports club (team), (hereinafter referred to as the club) to another, establishes the rights and obligations of the parties, and the procedure for resolving disputes arising during the transfer of athletes.
Athlete(player) is a person who has the right to participate in the club, in the games of the Championship of the Republic of Belarus (Championship), the Cup of the Republic of Belarus and other competitions held by the Field Hockey Federation in the Republic of Belarus.
All transfers of athletes are carried out on the basis of permission from the Federation, whose actions are aimed at protecting the interests of athletes, clubs and other interested parties.
The rules for the transfer of an athlete from one club to another are mandatory for all athletes.
An athlete demobilized after military service is considered to belong to the club from which he was called up for military service.
An athlete who competed as part of the national team in official international competitions is recognized as a member of the national team of the Republic of Belarus. field hockey, conducted by FIH, EHF ( Olympic Games, World and European Championships, qualifying tournaments, other official competitions). The statute of limitations is 2 years from the date of the athlete’s last participation in international matches. Documentary evidence of the athlete’s performance for the national team is the protocol of the international match.
Each field hockey player must be a member of the BFHT, and he also has the right to play in any club under the jurisdiction of the Belarusian Field Hockey Federation (hereinafter referred to as the Federation).
The Federation controls and resolves issues of player transfers to clubs in the Republic of Belarus and foreign clubs. Players and clubs are required to comply with the rules of domestic and international transfers.
For player transfers from one club to another, a transfer period is established.
Transfer period– the period of time during which republican and international transfers of players from one club to another club are allowed. The transition period is carried out within the following periods:
from March 1 to 30 and from October 1 to 31.
During this period of time there must be written consent former club and written permission from the Federation to transfer the player from the club to another club. Documents regarding the transfer of an athlete from one club to another club must be submitted to the Federation no later than one month before the start of the transfer period.
In some cases, the Federation reserves the right to make decisions on player transfers outside the transfer period (early termination of the contract, return of a player from abroad outside the transfer period, etc.).
The right to move from one club to another is granted to players who have a Federation license. ( License– an internal document of the OO "BFHT", issued by the GSK, confirming the player’s right to participate in the club (team))
A player has the right to transfer to another club only if the contract has expired at the time of transfer.
If the employment agreement (contract) has not yet expired, the transfer is possible only with the consent of all interested parties (Federation, player, club/team for which the player plays, and the club interested in transferring the player to its roster).
Upon expiration of the employment agreement (contract), the player is free to choose to move to any club.
If a player enters into a contract with a new club, and the contract with the former club has not expired (clause 10), then his former club has the right to receive compensation payments (financial compensation for the athlete’s training).
The amount of compensation payments is:
for athletes of the main team of the national team of the Republic of Belarus - 900 basic units;
for athletes who are not members of the national team of the Republic of Belarus: competing for the club in the championship and Cup of the Republic of Belarus - 400 base units.
The club that has entered into a contract with this player transfers 10% of this amount to the settlement account of the Belarusian Field Hockey Federation.
In cases where clubs agree among themselves on a smaller or larger amount of compensation payments than the amount approved by the Federation, payment is collected from an amount equal to 400 base units.
If two clubs cannot agree on a financial settlement or are unable to resolve the conflict situation themselves, the decision on the transfer is made by the Federation. In this case, the amount of compensation payments will be 1300 base units. Deductions to the current account of the Federation will amount to 10% of the amount determined by the Presidium ( within 1300 basic units).
14. Permission to transfer comes into force after the former club and the Federation receive compensation payments from the account of the club that entered into a contract with the player.
15. If this player applies to the Federation with a request for permission to play before the end of two sports seasons, for another club, then his former club has the right to compensation payments.
16. Until the transfer is legally authorized, the athlete does not have the right to any contact with the host club: training, being on the team without the permission of the club from which he is transferring.
17. The transfer of players is formalized by an appropriate standard agreement, developed and approved by the Federation, signed by two clubs, which is drawn up in triplicate and registered with the Federation. The text of the agreement must indicate the amount of compensation payments and the terms of mutual settlements between the clubs.
]Transfer system- system transitions of athletes (coaches) from one sports organization to another - has existed for more than a hundred years.
For example, in the USA, from the first days of the creation of a professional baseball league in 1876, the question arose of the transfer of players from the team of one club to the team of another. A club was prohibited from hiring a baseball player who, for any reason, had been fired or expelled from another club. This is how the “black list” appeared, which is still in effect in professional leagues today. However, there has not yet been a regulated procedure for the transfer of players from the team of one club to the team of another. Managers tried to attract the best baseball players by offering them higher wages, even though the clubs' income was negligible. Since 1880, the system of concluding contracts with players took hold, as a result of which baseball players stopped arbitrarily moving from city to city due to higher earnings, which allowed for a certain control over athletes.
In the field of football, the emergence of rules on player transfers began at the end of the 19th century. in England. Since its formation, the English Football Association has consistently tried to regulate the transfer of football players from club to club. Thus, to participate in competitions, a player had to be registered with a specific club. At the same time, he retained the right to change clubs at the end of the season, but it was prohibited to move to another club during the season without the permission of his employer. Soon after its formation in 1888, the English football league tightened the transfer system. From now on, the footballer had to obtain permission to move to another club even at the end of the season.
The transfer system provided that all football clubs could transfer their right to register a player in exchange for payment of compensation by the club that wanted to enter into a contract with the player. At the dawn of its formation in the field of football, the so-called combined retention-transfer system was established, according to which, even after the expiration of the employment contract, the footballer actually “belonged” to the club for some time and could not move to another club without paying compensation.
The attitude of the public and specialists towards the so-called “sale” of players is ambiguous. From a moral point of view and respect for basic civil rights, this seems to be unacceptable. Essentially, an employee who decides to change jobs must obtain permission from his employer, and such permission depends on the specific amount of money. However, for those who understand why this happens in professional sports, we can only talk about the legality of such a transaction. After all, the transfer amount is used primarily to compensate the club’s costs for the player, his preparation, training and improvement of skills, as well as losses incurred by sports club as a result of the loss of an athlete, compensation for the cost of purchasing a new one.
At the same time, from the moment of its creation to the present day, the transfer system has been subjected to a “strength test,” including more than one lawsuit. It was called a relic of the Middle Ages, and the clubs were accused of the slave trade. And although not a single high-profile trial led to its complete abolition, thanks to such processes since the end of the 19th century. The transfer system has undergone many changes aimed at its liberalization.
The transfer system that emerged in England was put to the test at least three times: Redford FC v. Campbell (1890), Kingeby v. Aston Villa FC (1912), Eastham v. Newcastle United FC ( 1963). It was only in the case of Eastem v Newcastle United FC in 1963 that the court decided that the combined retention-transfer system was an unreasonable prohibition on engaging in professional activities, i.e. derogates from the right to work (restraint of trade doctrine) of a football player and significantly exaggerates the reasonable restrictions that are necessary to protect the interests of clubs.
The doctrine of restraint of trade is one of the main institutions of the Anglo-Saxon legal system, by virtue of which no one can be limited in the right to engage in professional activity if such a restriction is not justified.
The recognition that the transfer system contradicts this doctrine led to its “softening”: after the expiration of the employment contract, the club was obliged to either offer the player a new contract or release the player without paying compensation. Thus, Great Britain became the first country where the national transfer system was liberalized.
20 years later, the Italian transfer system underwent similar changes: in 1981, a law was passed that allowed all football players to freely leave the club after the expiration of their employment contract.
Meanwhile, despite the positive changes in national transfer systems, regulation of transitions to international level remained unchanged until 1995, when the European Court made a sensational decision in the so-called Bosman case. Before this decision, players whose employment contract with the club had expired did not have the right to move to another club for one and a half years until the employer received the transfer amount for him or refused it.
In his book “Sports Law” M. Beloff pointed out that the transfer system of the member countries of the European Community should not limit the three most important freedoms:
1) freedom of movement;
2) competition rights in the labor market;
3) labor rights (restraint of trade doctrine).
However, all these freedoms were limited by the football transfer system that was in force until the decision of the European Court of Justice in Luxembourg in the case C-415/93 Union Royale de Societes de Football v. Jean-Marc Bosman (1995).
The conflict began in August 1990 when Belgian footballer J.-M. Bosman, having played under a contract in his native football club Liege, received an invitation from the French team Dunkirk. At that time, any player, as mentioned earlier, even after the expiration of the contract with the club, according to the existing regulations, belonged this club. The Belgian club Liege valued Bosman at $100 thousand and did not agree to release him until they received this amount in full. Since Dunkirk was in no hurry to pay, Bosman found himself in an uncertain position. In this regard, he decided to go to court and challenge the legality of the transfer system there. At the same time, he raised the issue of limiting the number of foreigners in teams.
The Liege court was unable to finally deal with this case and, with its decision, referred it to the European Court of Justice in Luxembourg.
When considering the case, the court answered the following questions. Articles 48, 85 and 86 of the Treaty of Rome on the Regulation of Labour, Business and Other Economic Activities of March 25, 1957 (hereinafter also referred to as the EU Treaty) can be interpreted as:
- prohibiting demands for compensation for the transfer of a player whose contract has expired;
- prohibiting national and international sports organizations from including in their regulations rules that restrict the access of foreign players to the competitions they organize.
On December 15, 1995, the European Court of Justice made a sensational decision. Regarding the rules for the transfer of players, the court found that they directly restrict the freedom of movement of workers, therefore, they contradict Art. 48 EU Treaty.
Having found that the transfer rules were contrary to EU law, the court considered whether the rules were justified in the public interest. The federations' arguments (compensations help maintain balance between clubs, and also encourage clubs to spend compensation payments on training young football players) were not accepted by the court, since these goals can be achieved by other means, without restricting the freedom of movement of players.
The transfer system, under which a player had to be “bought” from his former club even after the expiration of the contract, was declared illegal. In the context of respecting the rights of professional football players as citizens of the European Union, the court overturned the rule according to which the player belonged to the former club for another year and a half after the end of the contract. In this case, the ship applied the principle of retroactive effect and indicated that the effect of Art. 48 of the EU Treaty does not apply to obligations to pay compensation that arose before the adoption of this court decision, unless the dispute over the payment of compensation was considered by a national court before the date of this court decision.
Regarding transfer amounts paid when a player moves during an employment contract, UEFA legal consultant Dr David McArdle noted: “This is currently considered legal, but only because the legality of such transactions has not been examined by the European Court of Justice.” . However, it is debatable whether the same arguments as in the Bosman judgment could be used in an attempt to extend the prohibition on payment of compensation when players transfer while under contract.
On the second issue, the court decided that Art. 48 of the Treaty, the EU prohibits the application of rules of national and international sports organizations that limit the number of foreign players participating in competitions, and has vetoed limits on the purchase of foreign players by clubs (though only if they come from EU countries).
So, the significance of the court's decision in the Bosman case is as follows.
- If a player's professional football contract with his club expires and if the player is a citizen of one of the European Union countries, then that club cannot prevent the player from signing a new contract with another club belonging to a national association in the EU by requiring the new club to pay compensation for football player training.
- Restrictions on the citizenship of professional players who are citizens of European Union countries (within the limits of competition between football clubs and sports associations) are unacceptable.
After this decision, the European Commission and FIFA debated and tried to find a compromise for several years, after which in 2000 the European Commission announced that it would take adequate measures. The threat of legal prosecution forced FIFA to compromise with the European Commission, as a result of which the following year a new FIFA Regulation on the Status and Transfers of Footballers was adopted, which came into force in 2001. Its application extended not only to the transfers of players within EU countries, but also to all international crossings. Since then, these new Regulations have become the main document regulating the international transfer system in football.
The court decision in question had a serious impact on the development of European football as a whole. It provided additional benefits to financially stronger clubs who were able to strengthen their teams famous players. Today, some famous clubs have international teams consisting almost entirely of foreign players. Thus, it was on Bosman’s initiative that a real revolution took place in football (at least European football). Based on the verdict of the European Court, Bosman demanded compensation from the Belgian Football Union.
Since then in sports world regarding transfers is fixed general rule, according to which an athlete has the right to transfer from one sports organization to another, including a foreign one, only after the end of the sports contract and the fulfillment of the obligations specified in such a contract. If the athlete's transfer to another sports organization occurs before the expiration of the sports contract, such a transfer of the athlete is possible only by mutual agreement of the sports organization from which the athlete is transferring, the sports organization to which the athlete is transferring, and the athlete himself, taking into account the provisions established by the relevant national and international sports organizations. An athlete does not have the right to simultaneously enter into contracts with two or more clubs, with the exception of the institution of temporary transfer (“lease”), which will be discussed below.
UEFA rules state that the transfer of a player from one club to another before the expiration of the contract is not pursued, and this does not prevent the conclusion of a new contract if the interests of three parties are met: the former club, the player and the new club. A club wishing to sign a new contract with a player must first inform the club with which the player is registered. So far it's prerequisite is not fulfilled, any contact to the player is illegal. If within eight days a response to a request from a club interested in transferring a player is not received, this should be considered as a refusal to allow the transfer of that player during the period of the Contract. That is, if the club in which the football player is registered is not interested in the transfer of its player, then such a transfer cannot take place.
Interested football clubs can transfer their right to register and use the player's labor in exchange for payment of compensation by the club wishing to enter into a contract with the player. The deal for his transfer is formalized by the conclusion of a transfer contract (transfer agreement) between the clubs, which establishes the full amount of compensation to the current club from the future (transfer amount), the exact period and procedure for payment and permission for the athlete to perform before the specified date.
The results of the fateful football world Bosman's cases were accepted by the RFU Regulations on the status and transitions (transfer) of football players in 2006. In Part 7 of Art. 6 of the Regulations, it was stipulated that a transfer contract between professional football clubs is not concluded when a professional football player who has reached the age of 23 years transfers, in cases where the employment contract between this professional football player and the previous professional football club has expired. The 2011 RFU Regulations on the status and transitions (transfer) of football players went further along the path of liberalizing the transfer system and provided that upon expiration of the employment contract, the football club retains the right to receive compensation for the training of a football player under the age of 23 only if he in a timely manner, namely 60 calendar days, made an offer to the football player to conclude a new employment contract on similar or improved financial and other conditions. In the event that a professional football club has not made such an offer, i.e. is not interested in the professional services of a football player, then after the expiration of the employment contract he can move to another football club without paying compensation.
Buying and selling players is serious business. For example, from 1996 to 2005, the Argentine football club Boca Juniors sold 48 players abroad, earning $153,670 thousand. But even having sold an athlete profitably, the club, as a rule, soon has to spend the amount (and often significantly in excess of the proceeds from the sale) to acquire replacements. Rich clubs spend more on acquiring players than they receive from selling them.
