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Football-legal
01
Jan
2021
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Andrii KHARITONCHUK
FIFA
Cases
Ukraine International
Football Legal # 14

Sporting succession of Football clubs in Ukraine: the FC Arsenal-Kyiv case


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FIFA Disciplinary Committee, decision no. 140063 PST, 25 September 2019
Date of the decision: 2019-09-25
The history of an original debtor is a part of its identity. Hence, even if Article 15 par. 4 of the FIFA FDC does not explicitly mentioned it as a criterion for assessing whether an entity is to be considered as the sporting successor of another entity, by assuming the history of the Original Debtor, a new club should be considered as a sporting successor if it assumes the history of the previous club as its own

In May 2013, the FIFA Dispute Resolution Chamber decided that the club FC Arsenal Kyiv (Original Debtor) had to pay an amount of money to Dominion Hotspur FC (Creditor).

Since the Original Debtor did not comply with the FIFA DRC’s requirements, the FIFA Disciplinary Committee (FIFA DC) started proceedings against the Original Debtor for failing to comply with Article 64 of the FIFA Disciplinary Code, 2017 edition (FDC).

The Football Federation of Ukraine (FFU) informed the FIFA DC that the Original Debtor was no longer affiliated with the federation (since early 2014). The Creditor informed FIFA that the Original Debtor was still operational and participating in the ‘Kyiv District’ regional league under the name of...

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Topics
  • FIFA
Keywords
  • FIFA
  • Bankruptcy
  • Court of Arbitration for Sport (CAS)
  • FIFA Disciplinary Committee
  • FIFA Dispute Resolution Chamber (FIFA DRC)
  • FIFA Regulations
  • Insolvency
  • Overdue payables
  • Sport entities
  • Sporting succession
Authored by
Andrii KHARITONCHUK
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