Mizan News Agency – According to the site report football Federation، غلامرضا رفیعی“The Football Federation is a ‘non-profit non-governmental organization,'” said the federation’s chief legal adviser; Neither a “private company” nor a “public non-governmental organization” nor an “executive body” (the subject of Article 5 of the Civil Service Management Law), given that yesterday evening, one of the news sites quoted an interview with a former legal official The Football Federation has raised issues regarding the Federation’s response to FIFA and the AFC regarding Articles 1 and 87 of the Statute (establishing the legal nature of the Football Federation), and I am wrong to accuse the two authorities of “sending false reports” to those two authorities. Public has raised; The Football Federation considers it necessary to respect the personal opinion of individuals and to address concerns in this regard, to provide the following explanations to the honorable public, especially members of the Iranian legal and sports community. He apologizes in advance for the length of this article and declares that due to the professional and legal aspects of the issue, it is necessary to prolong the situation and explain the situation.
He continued: In Articles 3 and 5 of the Civil Service Management Law approved in 2007, the legislator has provided a new definition of criteria and criteria for “non-governmental public institutions and institutions”, which is different from the legislative definition in Article 5 of the Public Accounts Law approved in 1987. (Refer to the website of the official newspaper of the country to see both laws.) For this reason, since 2007, the federation has not been of a “non-governmental public” nature, but is a “non-governmental non-governmental organization.”
The High Legal Advisor of the Federation added: Articles 3 and 5 of the Civil Service Management Law approved in 2007, the recent and abrogated Law of Article 5 of the General Accounting Law approved in 1987 and documented by Article 3 of the Civil Service Management Law, the Football Federation is one of the “executive bodies” mentioned in Article 5 of the Civil Service Management Law is not. (To see the law, refer to the website of the official newspaper of the country)
Rafiei said: “Therefore, since 2007, the Football Federation has not been an” amateur sports federation (championship) “and has its own independent statute with the identity of a non-governmental organization.” For this reason, the Football Federation has not been subject to the 36 articles of association of amateur sports federations approved by the Council of Ministers in 1378, 1381 and 1400 since 2007. (Note: According to Article 1 of the Statute of Amateur Sports Federations, those federations are “public non-governmental organizations.”)
He added: The Football Federation of Iran was registered in 2017 in the Registry Office of Companies and Non-Commercial Institutions of Iran as a “non-governmental institution” with registration number 41728 and national ID 14006789423. According to Article 1 of the Articles of Association registered with the Tehran Registry of Companies and Non-Commercial Institutions, the legal nature of the Football Federation is a “non-governmental organization”, not a “public non-governmental organization” nor a “private company”. (Refer to the site of the official newspaper of the country)
The Supreme Legal Adviser stated: The Iranian legislator in Article 2 of the Law on Objectives, Duties and Powers of the Ministry of Sports and Youth, which was published in the official newspaper of the country on 6/16/2016 after the approval of the Guardian Council, has defined “sports” for the first time. “Amateur (championship)” and “professional”. The honorable secretary of the cabinet in 1400, after raising the issue in the honorable cabinet of ministers, according to the new law of approval of the legislature, did not consider the football federation as an amateur sports federation and for this reason, officially announced to the honorable Ministry of Sports and Youth. The approval of the amendments to the Statute of the Football Federation is not within the competence of the Council of Ministers and, as before, is within the competence of the General Assembly of the Football Federation itself. While changes and amendments to the statutes of amateur sports federations are the sole responsibility of the Council of Ministers, not their General Assembly.
Rafiei said: The General Assembly of the Court of Administrative Justice, as the highest judicial authority in the country in administrative matters, on October 11, 1400, according to Law No. 140009970905811666 and Law No. 140009970905811666, with substantial arguments outside the legal framework of Law 1 Non-governmental public institutions approved in 1373 (with amendments approved in 1376) and considered outside the list of amateur sports federations. According to the General Assembly of the Court of Administrative Justice, the Football Federation is a “non-governmental organization” with an independent statute and different from the statutes of amateur sports federations approved in July 1400 approved by the Cabinet and excluded from the executive bodies mentioned in Article 5 of the Civil Service Management Law. It is 2007. (To see the two votes of the General Assembly of the Court of Administrative Justice, refer to the website of the official newspaper of the country) According to Article 89 of the Law on the Organization and Procedure of the Court of Administrative Justice, , Enact legislation and make the Football Federation one of the non-governmental public institutions. Or the legislature itself repeals Articles 3 and 5 of the Civil Service Management Law with the enactment of a new law and considers the football federation as an “executive body”.
He added: The bill presented by the esteemed government entitled “Bill for determining the legal status of amateur sports federations” dated 12/2/1400, which is in the esteemed parliament of the Islamic Council, is about amateur sports federations. The Football Federation is not an amateur sports federation.
Rafiei said: the Football Federation has officially announced the current situation in writing to the Minister of Sports and Youth and the President of the Court of Audit. The Minister of Sports and Youth, as the representative of the government, has officially announced the rank to the President of the Islamic Consultative Assembly. The representative of the federation, in a meeting with the honorable deputy of the laws of the parliament, announced the legal position of the football federation and explained it only based on the legal documents of the country. Contrary to the news report that one of the news sites has given about my interview with ISNA last year; My comment last year was based on the legal system of the country at that time. Yes, I acknowledge that my past opinion, in the light of changes in the new legislation and judicial procedure, especially the entry into force of the Law on Objectives, Duties and Powers of the Ministry of Sports and Youth, the General Assembly of the Court of Administrative Justice and the official opinion of the Government by The esteemed secretary of the cabinet – which was achieved in 1400 – has changed.
In the end, the Federation’s High Legal Adviser stated: In view of the above, and in response to the official and written follow-up of FIFA, the Football Federation, in accordance with Article 87 of the Articles of Association approved by the General Assembly in December 2016, within the legal deadline, responds to legislative developments. The new judiciary of the country – which has led to the consolidation of the legal nature of the Football Federation – has been sent to FIFA and the AFC (along with the official translation of the above legal and judicial documents) to FIFA and the AFC in a completely transparent, explicit and official manner. Has stated that the legal nature of the Football Federation of the Islamic Republic of Iran is a “non-profit non-governmental organization.”
Note that the Football Federation is not a “private company”, “public non-governmental organization” or “executive body” subject to Article 5 of the Civil Service Management Law.
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