KHL may exclude Barys
12 Jul 2012 | Davide Tuniz
Kazakh club want to begin a trial against the KHL in a ordinary court. "This is unacceptable" said KHL.
KHL Players Union appeal to the Disciplinary Committee of the League asking to exclude from next competition
Barys Astana if the Kazakh club will begin a trial against the League in a ordinary court of justice.
Barys contesting the decision to pay compensation of 500,000 rubles to the former head coach Andrei Khomutov, with which the club prematurely terminated the contract. The club refused to pay, but the KHL Disciplinary Committee and Arbitration confirmed the obligation for compensation due to the early termination
of the contract by club's initiative and the size of this
compensation. After that Kazakh club filed a lawsuit against the KHL in the court Zamoskvoretskiy Moscow - a civil court - to recognize the illegal decision of the
KHL and remove the obligation to pay Khomutov. The first trial of Barys and the former head coach is scheduled for
July 17 in Moscow.
Chairman of Players Union
Andrei Kovalenko is clear and harsh: "If the first trial of the lawsuit takes place, the League can not allow the club to participate in the next competition, because Barys wants to question the rules established in the KHL and the league system of relations. If Barys will conduct a dispute with KHL in a court of general jurisdiction, then we have to do the same, and hence our overall understanding of how to conduct business in hockey, the rules of contracts, the clubs' compensation for players transfers, the retention and the transfer of sports rights and much more - worked out by all participants in the league - will cease to operate - said Kovalenko to "
Izvestia".
"The first trial is scheduled for July 17. And Astana team has enough time to withdraw the case. - adds Kovalenko in a brief declaration to "
Sport-Express" newspaper - "If it does not happen, then we will take our steps. We have all necessary documents ready, just in case. I don't know why they need it. The rules of the league clearly states that any player or club shall have the right to submit documents to the appropriate authority if dissatisfied and that the latest step is a sports arbitration court. We had a case where an ice hockey player wanted to go to civil court and League immediately disqualified him for two years."
KHL Vice-President
Vladimir Shalaev said that none of the clubs are allowed to violate the rules of the League, as well as the Barys' behavior is unacceptable: "We have one position. There are regulations, there are local regulations that no one is allowed to violate. None of the KHL clubs in the last 4 years didn't respect out rules. We'll define in the next days a line of conduct of the League on this issue"
Former Director of Legal Department of the KHL, and now Sports Minister of Omsk Oblast
Vladimir Saraev believes that Barys knowingly goes into conflict with the League.
"Barys" aggressively goes to a corporate conflict with the KHL. After all, they could try to sue Andrei Khomutov under the laws of the Republic of Kazakhstan, but they didn't and sued the league in the Russian Federation. The action speak for itself; they want to interfere with the League" said Saraev to "Izvestia".
But, despite the critics and the threat of exclusion, Barys President
Vadim Shakshakbaev is determined to go on: "At the moment the position of the club Barys is the following: on July 17 will begin the trial which decides who is right, Barys or KHL. That's all"