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News / Match fixing and manipulation of match results

Match fixing and manipulation of match results

AFFA published on: 29.12.2016 print
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.
 
Starting from the 2017/18 football season, the AFFA Disciplinary Code sets special rules “Against fixed matches".
 
Article 45. Corruption and bribery
45.1. The officials who offer, promise or present bribes to AFFA, its direct and indirect members and PFL employees or game officials, are prohibited from playing football for 5 years and the club is fined 32,000 (thirty two thousand) manats.
45.2. Materials collected on corruption and bribery should be sent to law enforcement agencies.
 
Article 80. Fixed games
80.1. Persons offering, promising or giving material or other benefits, privileges or concessions to the athlete, sports referee, coach, sponsor, members of AFFA law enforcement bodies, representatives of AFFA or AFFA members, club representatives or other persons to whom the Disciplinary Code is applied,  for themselves or third parties, directly or indirectly, in person or through an intermediary
To be punished by deprivation of the right to engage in any activity related to football for a period of up to two years or by deprivation of the right to engage in any activity related to football for life.
80.2.   In case an athlete, sports referee, coach, sponsor, AFFA law enforcement body members, AFFA members or AFFA members" representatives, club representatives or other persons subject to the Disciplinary Code requested or received material or another gift, privilege or concession, or accepted an offer or promise for any act (action or omission) for themselves or the third parties, directly or indirectly, in person or through an intermediary
To be punished by deprivation of the right to engage in any activity related to football for a period of up to two years or by deprivation of the right to engage in any activity related to football for life.
80.3. Depending on the severity of the action, the points of the club (team) participating in the fixed games are deleted, transferred to the lower division or eliminated from the competition. The severity of the action is assessed by the relevant law enforcement agency of AFFA, taking into account the objective and subjective aspects of the case.
80.4. A fine of up to 16,000 (sixteen thousand) manats is imposed on persons punished under this article.
80.5. In case an athlete, referee, coaches, sponsors, members of AFFA law enforcement bodies, AFFA or PFL representatives, club representatives or other persons subject to the Disciplinary Code participate in matches (do not participate in the matches) and competitions fail to notify the relevant authorities of the preliminary determination of the outcome and the attempt to do so
To be punished by deprivation of the right to engage in any activity related to football for a period of up to two years or by deprivation of the right to engage in any activity related to football for life depending on the severity of action.
80.6. Persons who threaten, oppress, inflict material or moral damage, insult or threaten, humiliate or degrade a person or a close relative who informs about the offenses related to the fixed matches To be punished by deprivation of the right to engage in any activity related to football for a period of up to two years or by deprivation of the right to engage in any activity related to football for life and fined up to 16,000 (sixteen thousand) manats.
 
Note:
  1. Fixed matches are actions (actions or omissions) that violate the law and the rules and principles of sports, aimed at intentionally altering the course or outcome of sports competitions in order to gain an illegal advantage for the benefit of oneself or others of those subject to the Disciplinary Code.
  2. Voluntary notification of the perpetrators of the acts provided for in this Article to the state bodies, AFFA and its bodies, or these acts being a result of threats against them, shall be considered by the relevant law enforcement body of AFFA as a mitigating circumstance and can be taken into account. The relevant law enforcement agency of AFFA may free the person from the responsibility in these cases, taking into account the objective and subjective aspects of the act.
  3. The acts (actions or omissions) provided for in this article may be committed for profit in organized betting games, committed by an organized group or criminal association (criminal organization), committed with a significant amount of profit, or committed by the AFFA law enforcement agency or committed in any other circumstances determined at the discretion of the AFFA shall be taken into account in the application of the sentence by the relevant law enforcement authority of AFFA, to aggravating circumstances.
  4. If the person providing information about the alleged fixed matches does not want to be disclosed, the relevant law enforcement agencies of AFFA, their representatives or other relevant persons who have this information based on their position must ensure its confidentiality. This information is disclosed with the written consent of the person who provided information about the offenses related to the fixed matches. Persons guilty of violating the confidentiality of a person who provides information about offenses related to fixed matches shall be liable under the law and the rules of AFFA.
 
Article 81. Participation in sports betting games 
Footballers, referees, coaches and officials are fined 8,000 (eight thousand) manats and deprived of the right to engage in any football-related activity for a period of two years if they participate in sports betting games and competitions in which they participate. 
 
 
The right to broadcast competitions held and organized under the AFFA flag belongs to AFFA and must be implemented under the supervision of AFFA.
According to Article 40.2 of the Law of the Republic of Azerbaijan "On Physical Culture and Sports", the right to use the names and symbols of physical education-health and sports events belongs only to its organizers. The organizers of these events have the right to place advertisements at the venues, to cover the events on television and radio, as well as to record and photograph broadcasts, and to identify the manufacturers of sportswear, equipment and supplies used at the events.
According to Article 65 of the AFFA Regulations, AFFA has the exclusive right to broadcast, transmit or broadcast live, later or in parts, any audio-visual and audio broadcast of all games under its jurisdiction.
Broadcasting of information during the games is under the control of AFFA, and broadcasting of games (in audio-visual, audio and other forms) without the prior written consent of AFFA is illegal and will result in appropriate liability by the competent authorities.
At the same time, it is the responsibility of local clubs to take the necessary measures for dissemination of information on the territory of the stadium where the game is played by unauthorised persons , any audio-visual and audio broadcast of the games live, subsequently or in parts during the broadcast, transmission and dissemination of the perpetrators by removing them from the stadium and preventing their illegal broadcasting.
It is important to approach this issue sensitively, guided by the relevant legal documents and the provisions of the legislation.
 
At the same time, the rules on licensing of Azerbaijani Football clubs to participate in Azerbaijani football league and UEFA club competitions.
The “A” Level Criteria have been assigned to those responsible for combating Fixed Matches in clubs. The person in charge of match-fixing should liaise closely with the UEFA representative in charge of match-fixing on the activities of all teams in the club, as well as work closely to cooperate in the exchange information on the struggle against match-fixing.
 
 

 
 
 
 
 
 
 
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