The Supreme Court refused Gazizov to review the dispute over the conditions of his dismissal from Spartak
MOSCOW, June 20 – The Supreme Court of Russia did not review the judicial acts of the lower courts, which declared illegal the procedure and conditions for the dismissal of the ex-general director of JSC “Spartak Football Club” Shamil Gazizov from the club, including the condition for paying him more than 399 million rubles in severance pay.
As follows from the published ruling of the court, the judge of the Supreme Court of the Russian Federation Elena Zolotova rejected the cassation appeal of Gazizov, who asked to transfer the case for review to the Judicial Collegium for Economic Disputes. 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 is working again in the Bashkir club.
The trial was initiated by the Capital Assets company, which owns a 22% stake in Spartak. In her lawsuit against the club and Gazizov, she demanded that the decisions made in December 2020 be declared illegal – the decision of the Spartak board of directors to delegate to its chairman Leonid Fedun the right to determine the terms 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 established 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 rejected the claim of Capital Assets in August 2021. 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 in five years under the contract Gazizov would have received more – 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.” The district court agreed with the appeal in February and rejected Gazizov’s first cassation.