According to Mehr news agency, according to the official website of the federation, the decision of the appeals committee is as follows:
According to the contents of the file of Persepolis Cultural and Sports Club of Tehran, in terms of non-compliance with the instructions governing the contracts of the clubs with players and technical staff and other people present in the matches of the 1403-1402 season regarding the player Georgi Golsiani, according to the decree No. 1158 dated 17 October 1402 of the Disciplinary Committee of the Football Federation It has been sentenced to deduct one point from the senior football team present in the current Premier League season and to pay a fine of one hundred billion Rials and amend the part of the contract that is contrary to the instructions.
Considering the contents of the file and the evidence, first of all, compliance with the directive as a mandatory provision is one of the duties surrounding the contract, and its non-compliance has a general aspect, without the need for a private plaintiff’s complaint, and only with the report of the custodians (the country’s league organization and the relevant working group) It is prosecuted by the judiciary.
Secondly, according to the last part of paragraph 8 of the guidelines, the clubs are not allowed to guarantee or accept the payment of the taxpayer’s tax, while in Note 4 of Article 7 of the contract between the club and the player, the payment of the player’s tax is the responsibility of the club, although the parties are in line with Acting on the section requiring amendment of the contract reflected in the decision of the disciplinary committee of the federation, during an extension, the duty to pay taxes has been assigned to the player, but this does not cause the deterioration of the effects of the violation and the parties were required to comply with the instructions, on the other hand, the club in the bill The defense has argued that the first and second parts of paragraph 8 of the directive are addressed to each other by using the word “in addition” and since the first part of paragraph 8 refers to domestic citizens, then the opposite meaning of the second part of paragraph 8 is that the said prohibition In terms of the fact that the clubs are not allowed to pay the Modi tax, it is not related to foreigners, while such an interpretation cannot be made from the provisions of paragraph 8 of the directive, because according to the law of direct taxes, the taxpayers, both Iranian and foreign, are obliged to obey the domestic laws and In addition, the subsequent addition of a regular regulation to the initial contract between the club and the player implies the acceptance of the need to pay taxes by Modi.
Thirdly, according to paragraph 10 of the instructions, it is prohibited to pay any funds outside the contract under the title of welfare services, according to which the announcement report states that: the club was responsible for the provision of housing and transportation of the player documented in paragraphs 3 and 11 of article 4 of the contract. According to the provisions of paragraph 10 of the directive, if the mentioned funds are included in the contract, there is no legal prohibition. Fourthly, failure to comply with paragraph 11 of the directive in order to deduct 2.5% of the membership fee is not necessary and necessary to be specified in the contracts and is not an obligation. It is legal for each of the parties and it can be considered a violation if the refusal to pay is proven with a reason. Therefore, according to the above-mentioned levels and the defenses, Persepolis Tehran club has appealed again regarding the issuance of the decree regarding paragraphs 10 and The 11th instruction is recognized as inconsistent with paragraph 8 of the instruction, but since there is no text in the disciplinary regulations regarding the deduction of points due to non-compliance with the aforementioned instruction, and basically according to the principles governing football, the results must be determined on the field and the points Earnings from official competitions are stable and stable, therefore, based on Article 106 of the disciplinary regulations and instructions of Sadr al-Ashara, while violating the petition against him in the point deduction section, the decision issued is confirmed and declared final.
Sepahan team vote
According to the contents of the file of Foulad Mobarake Sepahan cultural and sports club, in terms of non-compliance with the provisions of the directive governing the contracts of clubs with players and technical staff and other people participating in the competitions of the 1402-1403 season, according to the decree No. 1101 dated 6/21/1402, the disciplinary committee of the Football Federation ruled Deducting 4 points in the current season of the competition and paying a fine of four hundred billion Rials, as well as amending the contracts of six players in accordance with the provisions of the directive, as follows: 1- According to paragraph 8 of the directive, the inclusion of foreign currency amounts in the contracts of domestic citizens is absolutely prohibited. However, according to the note under Clause A of Article 3 of the contract, the club has committed itself to Mr. Payam Nazad and Reza Shekari that if the change in the exchange rate based on the dollar increases by more than 25% since the conclusion of the contract, it will increase the wages of the named persons. – According to the last part of paragraph 8 of the guidelines, clubs are not allowed to guarantee or take over the taxes of players or technical staff or other factors that, according to the report reflected in the club’s file, as described in paragraph 2 of article 4 of the players’ contract: Payam Nazam, Reza Shekhari, Reza Asadi, Hadi Mohammadi, Kaveh Rezaei, Ehsan Pahlavan had the following amount: If the player fails to submit a tax declaration and insurance account clearance, the club will deduct the amount from the contract. However, according to the provisions of paragraph 8 and the provisions of the aforementioned contracts, what the legislator intended is the payment of taxes by the club, while in the declared cases, the club, in terms of complying with tax regulations, guarantees the implementation of tax payments by individuals, with the description of deduction from has applied the contract, which does not in any way imply acceptance of the payment of Modi’s tax. 3- In accordance with paragraph 27 of the instructions, the club has the right to extend the contracts with a 25% increase in wages, while in the contracts of Mr.: Payam Nasad, Reza Asadi, Hadi Mohammadi, Reza Shekari, Kaveh Rezaei, the increase in wages is more than 25%. . 4- According to paragraph 29 of the instructions for payment of any amount under the title of brokerage fee by the clubs to
Brokers are prohibited in any way, but it is noted that according to Clause 4, Article 3 of the contract, Mr. Kaveh Rezaei, Hadi Mohammadi, Reza Shekari, Ehsan Pahlavan, the club has committed to pay the broker’s fee. 5- According to paragraph 28 of the guidelines, in the contracts there should be the right for the player to leave the club by paying 50% of the original contract in the same season in case the team is relegated, it can be seen in paragraph 18 of article 8 of Mr. Ehsan Pahlavan’s contract. , Hadi Mohammadi, Payam Nawaz and in Clause 19 of Article 8 of the contract of Mr. Kaveh Rezaei, Reza Shekari, Reza Asadi, this clause of the instructions has been complied with.
Therefore, considering the aforementioned aspects regarding the appeal of Foulad Mobarake Sepahan Sports Cultural Club against the judgment of Sadr Al Ashara, considering the contents of the case and the appellant’s defenses, regardless of the fact that the failure to comply with the provisions of the instructions as the mandatory provisions governing the concluded contracts, has a general aspect and There is no need to file a complaint from other clubs, and only the report of the guardians of the matter (premier league organization and appointed task force) is enough to prosecute the perpetrator. Since the text of the disciplinary regulations of the Football Federation does not imply the application of the punishment of point deduction in the case of violations caused by non-compliance with the mentioned instructions, and basically, according to the principles governing football, the results where there is no text of the regulations for point deduction should be on the field. The game will take place and the points obtained from the official matches are stable and stable, and also with the attention that following the instructions is one of the tasks and duties of both parties of the contract, and Ali Al-Qaeda deserved that the players were also subject to prosecution and investigation for not following the instructions The prescribed punishments were faced, as well as the application of amendments to the contracts in texts that are contrary to the instructions, it is the responsibility of the parties to the contract, and the principle of integrity is the stability of the results and the preservation of the obtained results, and it is necessary to respect them, therefore, based on Article 106 of the disciplinary regulations and the provisions of the instructions Issued according to the confirmation of the club’s violations regarding the first, third and fourth clauses of this appeal, the appeal is not recognized and regarding the second and fifth clauses, the recognition is affirmed, while violating the appealed ruling in the section of deducting four points from the appellant, the other part of the decision The appeal of the request involving the conviction of the appellant to a fine and modification of the contracts is confirmed and firmly declared, this decision is final.
