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Match fixing and manipulation of match results

AFFA published on: 29.12.2016 print
Match fixing and manipulation of match results
To engage in sport is the basis of a slogan "a healthy mind in a healthy body". Organizing and holding sport competitions are important factors in raising the public reputation and popularity of sport. However, manipulation in sport competitions decreases the public's interest in sport, as well causes reduction of public confidence and trust to sport and athletes.
Match fixing and manipulation of match results
On September 18, 2014 there was consented a Convention on Manipulation of Sport Competitions within the framework of the Council of Europe to fight against such negative situations at the international level. The Convention aims to fight against manipulation in sport competitions in order to protect transparency and sport ethics in sport.  The Republic of Azerbaijan signed the Convention on 18 September 2014. Along with Azerbaijan, Russia, France, Austria, Netherlands, Denmark, Georgia, Germany, Italy, Belgium and other countries signed this Convention. One of the obligations intended in Convention for the member states is to make amendments and changes in legislation about bringing to legal justice the acts that cause manipulation in sports competitions. Therefore, some amendments and changes were made to the Criminal Code of Azerbaijan Republic and the Law of Azerbaijan Republic on Physical Training and Sport.
The Law on Physical Training and Sport defines the manipulation in sport as “the unlawful influence on the course or result of a sport competition with a view to gain an advantage for oneself or for others”. According to the Law the inadmissibility of the manipulation in sport is one of the main elements of the state policy in sport and to fight against these negative circumstances is one of the main duties of the state.
Article 192-2 of the Criminal Code determines the criminal liability for the general and specific persons for the manipulation in sport. In order to prevent this type of crimes the Code states some stimulating norms. The translated version of the text of Article 192-2 of Criminal Code stated as below:
 
Article 192 -2 Manipulation of sport competitions
192-2.1. To offer, to promise or to give money, securities, other property, advantages or benefits of property nature personally or through intermediary to a sportsman, a referee, a coach, a sponsor or any other person for oneself or for others with the intent of the manipulation of sport competitions-
is punished by the penalty at a rate from three thousand up to five thousand manat or imprisonment for the term from three years up to six years.
192-2.2. A demand or an acceptance directly or an acceptance of the offer/promise for securities, other property, advantages or benefits of property nature personally or through intermediary by a sportsman, a referee, a coach, a sponsor or any other person for oneself or for others with the intent of the manipulation of sport competitions-
is punished by the penalty at a rate from three thousand up to five thousand manat or with imprisonment for the term from three years up to six years with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to three years or without it.
192-2.3. If the acts stated in Article 192-2.1. and/or 192-2.2. is committed:
192-2.3.1. repeatedly;
192-2.3.2 on preliminary arrangement by group of persons or by organized group-
is punished with imprisonment for the term from six years up to eight years.
192-2.4. To demand from a sportsman, a referee, a coach, a sponsor or any other person to do or to avoid to do the actions with the application of violence or with threat of its application, or with the threat of sharing inappropriate information related with them or their relatives or with the threat of the destruction of their or their relatives’ property with the intent of the manipulation of sport competitions-
is punished with imprisonment up to three years.
192-2.5. If the acts stated in Article 192-2.4. is committed with the violence that is dangerous for life or health of the person-
is punished with imprisonment from three years up to six years.
Note:
1.”The manipulation of sport competitions” in Article 192-2.1., 192-2.2. and 192-2.4. of this Codex means the action of one to influence the course or the result of sport competitions with view of to gain an unlawful advantage of himself or others.
2. The one that committed the act that stated in Article 192-2.1. of this Codex if voluntary informed appropriate state body or committed the act and the threat shall be released from a criminal liability.
3. The official that committed the act stated in Article 192-2.2. of this Codex according to the execution of his official duties shall carries out criminal liability under Article 311 of this Codex.
 
Fighting against the manipulation in sport competitions is also duty of sport federations according to article 11.2.8 of the Law on Physical Training and Sport. As a main body governing football in the country AFFA realizes some measures against the manipulations in football competitions. First of all, according to the 29.08.2016 dated decision of the Executive Committee of AFFA, a specific form of declaration on “Match fixing and manipulation of match results” was adopted. With another decision of the Committee all individuals involved in the professional football are required to sign the declaration.
AFFA Disciplinary Code for 2017/18 football season stipulates specific norms against match fixing. Article 91 directly refers to match fixing and specifies sanctions for football clubs and other related persons that are involved to it. Article 93 states sanctions for players, referees, coaches and other officials who reject to inform competent bodies about the match fixing acts on time. Article 92 plays preventive role, since it states that, players, referees, coaches and officials shall be sanctioned for betting on the matches that they are participate.
Moreover, Article 2.5 of the Regulation on Disciplinary Committee stipulates that, Disciplinary Committee has extraordinary power to impose sanctions other than stated in Disciplinary Code, regarding a person who is involved in match-fixing. 
At the same time, AFFA cooperates with various international football organizations to combat manipulation in football competitions. The analyzes provided by international football organizations regarding such negative circumstances are submitted to local specialists for investigation. The public is informed about the decisions made by taking into account the views of local specialists.
 
 
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