Comments on the Rules of Procedure

and sanctions of the Argentine Soccer Super League

Written by

Pablo Bruera

lawyer

Updated 02/17/2020

Scope of the regulation

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It establishes the scope of these regulations:

A-Breaches of the Superliga regulations.

B- Procedure

C-Disciplinary bodies.

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Guiding principles of due process

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Presumption of innocence, right to defense, to present evidence, challenge an adverse ruling, not be tried twice for the same act, legal assistance, dispute what is alleged against him, respect due process and double instance.

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Only the federal route is supported.

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Any controversy of disciplinary order cannot be submitted to ordinary courts, only admitting the federal route.

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Competition integrity principle

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In disciplinary bodies, the principle of integrity of competition (pro competitions) prevails, especially in procedures and terms.

The disciplinary bodies must base their decisions on the basis of these regulations and in the absence of provisions, taking the FIFA regulations. The general principles of law apply only supplementally.

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Area of ​​application:

It applies to any disciplinary matter that has not been delivered via a coordination agreement with AFA:

- Those who are subject to these regulations:

⁃ Affiliated soccer clubs

⁃ Club representatives, officers and employees.

⁃ Players and coaches.

Disciplinary bodies:

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A- The discipline committee

B- The appeals court

The members of the disciplinary bodies are chosen by the executive committee and their mandate is for 4 years and they can be re-elected for two consecutive terms.

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Discipline committee

It is made up of the President, Vice President and between 3 and 9 members.

It is competent in any violation or infraction of the regulations of the Super League. Its Members are:

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President: Mario Laporta

Vice President: Ángel Nardiello

Members: Daniel Artana, Gustavo Abreu, Hernán Etiennot

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appeals court
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The members are:

President Eduardo Taiano

José María Pahlen Acuña

Juan Pablo Mas Vélez

Substitute: Luis Miguel Incera

Resolves the appeals filed against decisions of the disciplinary committee or single judge.

It is made up of the president, vice and between 3 and 5 members.

Its decisions are appealable to the TAS and have no suspensive effect.

The minimum quorum to meet is 3 members and decisions are made by a simple majority of those present. In the event of a tie, the president has a casting vote.

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Sole judge

The members of the discipline committee decide as sole judge, in case the sanction is limited to a warning, a fine of up to 500 general entries or in case of emergencies.

Members of the appeals court can decide as sole judge at the common request of the parties or by emergency.

The sole judge is decided by lottery.

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Disciplinary unit

It is in charge of supervising the fulfillment of the requirements established for the maintenance of the affiliation.

It collects information on possible infractions to the registered, initiates the procedures, communicates the sanctions, carries out the draws, etc.

Among its powers is to inspect the clubs, ask them for all kinds of documentation, etc.

Provisions common to the procedure
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The parties have the right to be heard, to have representatives, to be informed, to examine the file, to offer evidence, to obtain well-founded resolutions, etc.

It is the obligation of the clubs to have an electronic address for the notification of the procedures, and all kinds of writing can be done by this means.

Decisions take effect from the business day following notification and are executed immediately.

The appeal to the superior suspends the effects of the resolution.

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Process

Who can start the procedure:

A- The disciplinary commission

B- The board of directors or the president of the Super League

C- Superliga management

D- Any affiliated club

The disciplinary unit will open the file identifying the club or person allegedly responsible, a brief summary of the facts, type of offense, indication of the right, deadlines for discharge.

Clubs must pay a twenty general entry fee to initiate the claim except for debt violations with affiliated clubs.

Once the procedure is started, the investigated club is transferred with a maximum period of 15 days.

The burden of proof corresponds to the party that affirms the existence of a controversial fact , admitting any evidentiary means (reports, documents, witnesses, experts, etc.).

Once the release is received, the proceedings are brought to the competent body, and the opening can be tested.

The reports of the match officials enjoy the presumption of veracity unless proven otherwise.

The body will take into consideration the attitude of the parties regarding collaboration and will freely and jointly appreciate the evidence in accordance with the rule of sound criticism, taking the resolution based on their intimate convictions.

After the trial period, measures can be ordered to better provide.

After the evidentiary stage, the body will decide whether sanctions are within 10 business days and can be extended for an additional 10 days.

Aggravating circumstances


A- When the punishable act is against the Super League authorities

B- When the facts are intentionally falsified.

C- Cases of recidivism

The body may file the procedure, impose sanctions, dismiss or accept the claims made and impose costs.

All decisions must be motivated including: assessment of the evidence, the facts, the offense committed, the responsibility of the person, legal bases.

The notification is valid and has all its effects from the business day after it has been produced.

Decisions can be appealed within 5 business days after notification, and this period can be shortened for urgent cases.

The appeal addressed to the appeals court is filed with the disciplinary unit, formulated by email with the receipt of payment of 20 general entries.

At this stage no evidence is presented, except for new facts.

This appeal will be filed when the affiliated club believes that it causes an irreparable lien.

The presentation document must contain at least the following points:

A- Factual and legal foundations.

B- Documentation supporting the resource.

C- Payment receipt of 20 general entries in favor of the SAF.

Appeal procedure


It must be submitted to the disciplinary unit that must verify the formal requirements; This will give intervention to the Court of Appeal or single judge who must resolve in the following 10 working days , extendable for 10 more days.

The appeal has a suspensive effect.

Against the resolution in this court, there is only one recourse before the TAS, although without suspensive effect , within 21 working days from the publication of the ruling.

Warnings, warnings or fines whose gross value is less than the value of five hundred general entries are not actionable.

The resolution of an appeal may confirm, revoke or modify the appealed decision.

The decision will be notified via email and will be published.

The decision is made in the minutes book.

Type of penalties for clubs


The clubs that incur in non-compliance are causal of the following sanctions:

Fine warning or warning, removal of points, playing games behind closed doors, loss of locality, temporary or permanent disqualification of the stadium, prohibition of registration of new player contracts up to three enrollment periods, temporary suspension as an affiliate, disaffiliation, demotion .

One or more penalties may be imposed for the commission of the same offense.

Specific penalties for non-payment to players

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The regulation recognizes as fixed remuneration the basic salary, SAC, transfer of image rights, property compensation, housing assistance, this list is not exhaustive .

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The contracts of the transferred players are excluded, unless the transferring club pays the remuneration of the player.

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Variable amounts or those derived from a transfer of a player in his own economic rights will not be fixed remuneration .

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Fines

Here the regulation refers us to article 101 of the SAF affiliation regulations that indicates:

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“Article 101. Non-existence of Debts with Players.

On the fifteenth day in a row of the month following that to which the fixed remuneration agreed with the footballers correspond , the clubs must prove that the footballers who are part of their squads have fully received the same. By

For example, on September 15, 2019, they must prove that the basic wages accrued in July 2019 are paid, as well as any other “fixed remuneration” provided for in contracts between clubs and players, whose maturity operates in the month of July.

of 2019.

For the purposes of this article, they are included in the concept of "wages", agreed in favor of professional footballers, emerging from contracts -registered or not in the AFA- or any other document derived from the club / footballer employment relationship, all amounts agreed with the footballers, whatever their denomination, such as, for example, basic salary, hiring bonus, recognition of trajectory, transfer of image rights , property compensation, housing assistance or any other sum that the club has been forced to pay the contracted footballer and import for him an economic advantage , the accrual of which is not subject to the fulfillment of any condition.

Considerations:

1. The contracts of the players that have been loaned to other clubs are excluded from the control provided for in these Regulations unless the assigning club had assumed the payment of the player's remuneration, in whole or in part;

They are excluded from the concept of "fixed remuneration", for the purposes of the provisions of this article:

I. Variable amounts such as, for example - without this statement being limiting - bonuses or prizes for obtaining results, games played, by classification to cups, champion, etc.

II. The amounts derived from a transfer of the club player to another club, such as a participation in the economic rights derived from his own transfer.

A sum is considered “unpaid” if the corresponding amounts are not found duly credited in the bank account owned by the player prior to the fifteenth running day of the month following that to which the

fixed remuneration agreed with the soccer players.

The clubs will not be able to pay the fixed remuneration of the players with checks or other documents, therefore the use of this modality will be considered as non-compliance, equating it to non-payment.

Exceptionally, Affiliate Clubs may request the Financial Economic Control Unit under the Superliga Affiliate Club Management and Development Management for authorization to pay certain players with checks. It will be the faculty of the

Superliga grant such authorization, in an exceptional way, limited in time and limited to certain players (not to the entire squad), provided that the arguments that are used are convincing.

Granted this authorization by the Super League, the following must be respected in any case :

  • No check may have an expiration date after the expiration of the affidavit.

  • Checks should be issued to the player's order.

  • A photocopy of the check / s that were delivered to the Player / s must be presented.

  • A photocopy of the check delivery receipt signed by the player / s must be presented, where all the data of the corresponding check / s must be included.

  • With the immediate affidavit, the bank statement must be presented , reflecting the debit of each check delivered to the bank account corresponding to the bank drawn.

  • The total or partial breach of the provisions of this article, as well as the falsification of the documentation presented for this purpose, will give rise to the sanctions provided for in the procedural and sanctions regulations. ”

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For the purposes of monitoring compliance with said obligation, the Club must deliver to the Management and Development Management of Affiliate Clubs or to the UCEF until the fifteenth running day of each month, (i) the Monthly Sworn Statement (according to the format that Management timely submits ) regarding the non-existence of debt with players, or failing that, (ii) the Monthly Affidavit (according to the format that Management timely submits ) regarding the existence of debt with players; in either case, it must be signed by its Legal Representatives.
In turn, any of the Affidavits must be accompanied by a form ( format to be provided by the Management of Management and Development of Affiliate Clubs) in which all the payments made to their professional players corresponding to the reported period and all the vouchers are detailed. payment related to them.

The total or partial non-compliance in the presentation of the documentation established in the preceding sections in time and form or the falsity of the same, will give rise to the sanctions provided for that purpose in the Regulations of Procedures and Sanctions.

The scale is applied as follows:

1 The first offense applies an economic fine between 10 and 20% of the unpaid amount.

2- The second offense, within the period of recidivism, a fine of between 20 and 30% of the unpaid amount is applied.

3-The third offense, within the recidivism period, a fine of between 30 and 40% of the unpaid amount is applied.

4- From the fourth offense, within the recidivism period, the deduction of 1 point is mandatory.

Recidivism is understood to have occurred if a new offense is committed within the 24-month period following the first offense. The fine can in no case be less than the gross value of 1000 general entries. The amounts are automatically debited by Superliga from the payments that it must make

for any amount to the club.

Prohibition of incorporating players

The clubs must be up to date with all the remuneration agreed with the footballers at the end of the season, that is, on August 15, they must provide for the immediate prohibition of incorporating players during the immediately subsequent incorporation period .

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Sworn declaration

In the event that the club does not present the affidavit within the established period, 1 point must be deducted.

If there is falsehood in the affidavit or inconsistency, 1 point will be deducted.

Aggravating circumstances are altering, falsifying, preventing or hindering the information.

Offenses and penalties related to debts with affiliated clubs

Here the regulation sends us to article 102 of the affiliation regulations that indicates:

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“Article 102. Non-existence of Debts with Affiliated Clubs. Affiliate Clubs may not have expired and unregulated debts with other Affiliate Clubs.

A Debt will not be considered past due and not regularized, if at the date of the express and formal complaint of the creditor Affiliate Club (i) it has been canceled, (ii) the payment date has been extended by a written agreement with the creditor, which has certain date, (iii) has been

of an effective agreement with the creditor, with a certain date, (iv) if it is the subject of a litigation or an ongoing arbitration procedure or has been subjected to a dispute resolution procedure of the Argentine Soccer Association, the Super League, FIFA and / or Conmebol and / or TAS

and / or another competent dispute resolution court, and / or is questioned and as long as the debtor has reasonable reasons to question or object to the payment. In the event that a Club has availed itself of the preventive bankruptcy regime, until the

judicial approval of the preventive agreement, bankruptcy debts will not be considered, for the purposes of this article, as past due and not regularized.

Failure to comply in whole or in part with the provisions of this article will give rise to the sanctions provided for in the Procedure and Sanctions Regulation. ”

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The club that formulates a complaint against another club, must previously prove the notice by reliable means to the debtor club.

If the complaint is admissible, the disciplinary unit will open the procedure, giving it 5 working days for the accused to present his defense.

Once the denounced club has been notified, a definitive term of 30 days begins to run to regularize the debt.

In the event that the unregulated debt is verified, a fine of not less than 5% and not more than 20% of the amount will be applied.
of unpaid.

Once the grace period has expired, the prohibition of incorporating players for a minimum pass market will also be applied .

If the breach persists, the deduction of between 1 and 3 points will be applied.


Performance guarantee


The clubs are jointly and severally liable for fines, embargoes, and legal costs of their

dependents.

Judicial decision


If the club registers a player by the decision of a judge (when the club is sanctioned with the prohibition of incorporating players) either at the request of the club or the player, and the player is aligned for an official match, the deduction will be deducted. 1 point.

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Penalties with deductions of points


The sanction applies to the current tournament when the resolution is final.

When the resources are exhausted they will immediately be applied.

As we have been saying, the appeal to the TAS does not generate suspensive effects.

When the firm resolution falls between the purpose of one tournament and the beginning of the other, the sanction applies to the following tournament.

Prescription of offenses


The prescription is given at 5 years, except for the offenses of bribery and corruption that are imprescriptible.

Prescription computations

This begins on the day the perpetrator committed the fault and if they are repeated on the day the last one was committed .

If the sentence has a certain duration on the day it ended.

The prescription is interrupted by the notification of an investigation.

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Communications

They are made by email to the club and if it is a player, also, the club is informed that

You must notify your employee.

If there is a representative, it is communicated to him, with a copy to the affiliated club.

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Calculation of terms

The deadlines are always in working days and for the clubs they start to run the other day of the communication in question.

For other people, the terms start on the third day after receipt by the club.

If the notification was made directly to the accused, the term begins the day after the communication.

The deadlines end at 24:00. from the city of Buenos Aires, on his last day.

The term may be extended by the disciplinary body at the request of the party, provided that the request is before its expiration.

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Coasts

The overdue party must pay all the expenses of the opposite.

The disciplinary body may, if it finds merit, exempt the due party from the costs.

Material errors.

The disciplinary body may correct, at any time, ex officio or at the request of a party, material, factual or arithmetic errors existing in its acts or decisions.

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