Abstract
he right of football clubs to establish local bans (the so-called “blacklists”) depends on a number of reasons. A local ban on visiting football matches can act as a measure to combat the unlawful behaviour of viewers, thus complementing the administrative responsibility of the spectators. In Russian law it is not possible to impose a ban on the sale of tickets to football matches by football clubs. The current wording of the rules of spectators’ behaviour during official sporting events does not, by default, allow supporter identity checks when entering the stadium. That also complicates the identification of spectators for being on the “blacklist”. The practice of civil suits brought by football clubs against supporters, as one of the few legal tools to influence supporters, is currently not widespread. As a result, there are no uniform approaches to resolve these disputes: the courts motivate refusals by various arguments, the validity of which can be reasonably criticised.
References
R. van Kleef, The legal status of disciplinary regulations in sport, “The International Sports Law Journal” 2014, Vol. 14, Issue 1–2.
Krasnodar FC supporters were banned for a year to attend home games after a fight with the supporters Anzhi FC <https://www.sports.ru/football/1050866272.html>.
The Decision of the Regional Court Primorsky of St. Petersburg Saint Petersburg on 4.08.2010 in case No. 2–3012/10.
The Regulations of Russian Premier League, season 2018–2019, <https://premierliga.ru/netcat_files/86/58/Reglament_RPL_2018_2019.pdf>.
The Rules of Season Ticket and Ticket Sales to the Matches of FC ZENIT, <http://tickets.fc-zenit.ru/info/tickets/football/rules>.
The Decision of the 5th Judicial District of the Novosibirsk Judicial District in case No. 5–410–2015;
The decision of the Judicial District of the Kirovsky Judicial District on 15.10.2014 in case No. 5–385/2014;
The decision of the Kolpinsky District Court of St. Petersburg on 04.25.2017 in case No. 5–129/2017; The decision of the Petrograd district court of St. Petersburg on 06.21.2017 in case No. 5–363/17.
The decision of the Central District Court of the City of Tula on 21.05.2017 in case No. 5–193/2017.
In addition, this will be consistent with Art. 426 (3) of the Civil Code of the Russian Federation, according to which the refusal to execute a public contract will be legal with a justified evasion of a person to execute it.
Bradley v Jockey Club 2004 EWHC Civ 2164 QB, para 43.
Enderby Town Football Club Ltd v The Football Association Ltd 1971, 1 Ch. 591.
CAS 98/208 N, J, Y, W v. FINA; CAS 2005/C/976&986 FIFA & WADA.
The Disciplinary Regulations of the Russian Football Union.
As the inherent consequences of the application of various sports (disciplinary) sanctions, ranging from a fine and ending with a match without spectators.
Disciplinary regulations of the Russian Football Union.
The decision of the Moscow Regional Court in the case No. 33–10571/2014.
The Decision of the Lyubertsy City Court of the Moscow Region on 17.02.2014.
The composition of a civil offense, along with the presence of negative consequences in the property sphere of the creditor, includes: the wrongfulness of the behaviour of the causer of harm, the causal relationship between the unlawful behaviour of the causer of harm and negative property consequences, the guilt of the causer of harm.
The Statute of the Russian Federation No. 2300–1 of February 7, 1992 “On Consumer Rights Protection”.
The Act of the Russian Government on 16.12.2013 No. 1156 “Rules of conduct for supporters at official sports competitions”.
Act of the Russian Government on 16.12.2013 No. 1156 “Rules of conduct for supporter at official sports competitions”.
The Decision of the Lyubertsy District Court on 17.02.2014, the fan was brought to administrative responsibility under Art. 20.31 of the Administrative Offences Code, and in the case of the Leninsky district court of Vladimir on 06.06.2014 in case No. 2–1362/2014 the fan was not brought to administrative responsibility. However, in both cases, the court did not satisfy the requirements of the football clubs for the lack of a causal connection.
The Decision of the Lyubertsy District Court on 17.02.2014.
Act of the Russian Government on 18.04.2014 No. 353 “On Approval of the Rules for Ensuring Safety during Official Sports Competitions”.
The Decision of the Soviet District Court of Tula on 01.22.2015 in case No. 2–2656/2014.
The Decision of the Tula Regional Court on 04.16.2015 in case No. 33–993.
The Decision of the Tula Regional Court on 04.16.2015 in case No. 33–993.
The Decision of the Leningrad Regional Court on 18.05.2016 in case No. 33–2582/2016.
The Decision of the Leningrad Regional Court on 18.05.2016 in case No. 33–2582/2016.
For example, para. 2.1 of the Rules of Season Ticket and Ticket Sales to the Matches of FC ZENIT: one spectator can purchase up to 5 tickets to home games of the club without identification.
The Decision of the Leninsky District Court of Vladimir on 06.06.2014 in case No. 2–1362/2014.