The return of Persepolis points was confirmed

According to Fars news agency, the decision of the appeal committee regarding Persepolis club 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 directives governing the clubs’ contracts 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 Federation’s Disciplinary Committee Football has been sentenced to deduct one point from the adult football team in the current season of the Premier League and 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 itself 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 because the first part of paragraph 8 refers to domestic citizens.

Therefore, the opposite meaning of the second part of paragraph 8 is that the aforementioned prohibition in terms of the clubs not being allowed to pay the Modi tax is not related to foreign nationals, 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 tax payers, including Iranians and foreigners are required to obey domestic laws, and besides, 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 circumstances and the defenses, the appeal of Persepolis Tehran Club regarding the issuance of the decree regarding paragraphs 10 and 11 instructions are included in the diagnosis and compared to paragraph 8 of the instructions, they are recognized as non-fixed.

However, since there is no text in the disciplinary regulations regarding the deduction of points due to non-compliance with the aforementioned instructions, and basically according to the principles governing football, the results must be determined on the playing field and the points obtained from official competitions are fixed and stable, so it is based on Article 106 of Disciplinary regulations and directives of Sadr al-Ashara, while violating the petition against him in the deduction of points section, are confirmed and declared final in relation to other sections.

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