The court rejected the cassation of Gazizov in a dispute over the conditions of his dismissal from Spartak
MOSCOW, 28 Feb – The Arbitration Court of the Moscow District dismissed the cassation appeal of Shamil Gazizov, the ex-general director of Spartak Football Club JSC, against a lower court ruling that declared the procedure and conditions for Gazizov’s dismissal from the club illegal, in particular, the condition for paying more than 399 million rubles in severance pay , according to the file of arbitration cases.
The trial was initiated by Capital Assets, which owns a 22% stake in Spartak. In her lawsuit against the club and Gazizov, she demanded that the decisions taken in December 2020 be recognized as illegal – the decision of the Spartak board of directors to delegate to its chairman Leonid Fedun the right to determine the conditions for terminating the employment contract with Gazizov and Fedun’s decision to agree on the termination of the contract on the terms of an additional agreement to it.
One of the conditions establishes the obligation of the club to pay the ex-general director more than 399 million rubles in four monthly installments until March 10, 2021, the second provides for Gazizov’s remuneration for a possible transfer of football player Oston Urunov from Spartak.
The Moscow Arbitration Court completely rejected the claim of Capital Assets in August. In particular, he pointed out that in Spartak, since 2012, the club’s board of directors has always delegated to the chairman or his deputy the authority to sign contracts on behalf of the club. The court also did not consider the severance pay excessive, since Gazizov would have received more under the contract for 5 years – almost 510 million rubles. However, the Ninth Arbitration Court of Appeal reversed the decision in October and satisfied the claim of the Spartak shareholder. He came to the conclusion that neither the law on joint-stock companies nor the club’s charter “generally provides for cases of transferring the powers of the board of directors to its chairman.”
In parallel, Gazizov, who received only the first tranche (about 100 million rubles), in Bashkiria demanded to recover from Spartak the debt under the contract. Oktyabrsky District Court of Ufa in June satisfied his claim, obliging the club to pay more than 299 million rubles of principal, more than 5 million rubles of interest and 10,000 rubles of moral damages. However, the Supreme Court of Bashkiria in December overturned the decision on the club’s appeal and dismissed the claim. At the same time, the appellate instance referred, among other things, to the decision of the Ninth Arbitration Court of Appeal.
Gazizov served as CEO of Spartak from July to December 2020. Before moving to the capital club, the functionary held a similar position in Ufa. Currently, he has returned to the Bashkir club again.