Yuri Ivanov , lawyer:
- Signs of a crime in this case are easy to see. But you need to prove the intent to cause bodily harm. The position of sports fights is not clearly defined by the Criminal Code, they are objectively taken out of the brackets of the current legislation. And on this occasion there are still no judicial precedents, there is also no investigative practice. And this is not only in Russia. Nothing is known about the practice of initiating such cases.
Many federations have introduced an internal rule: clubs and players should not apply to civil courts, and bodies that have been created in federations, such as the FTC, are obliged to deal with their affairs. This practice is not in accordance with the Constitution, according to which every person has the right to have their case heard in court.
Here it is important to define something else. If one of the hockey players of the Chekhov club claims that the Vityaz players were initially set to fight, then this needs to be sorted out. Now, if it is proved that this was an instruction from the coach or the head of the team, then this can be regarded to some extent as incitement to commit an intentional crime. Of course, if all the Vityaz players testify that there was an intention to start beating opponents, then, in my opinion, law enforcement agencies simply have to look into this incident. It is one thing when, in the heat of a fight, people inflict unintentional injuries on each other, and quite another when someone from the “bosses” calls for unsportsmanlike wrestling on a cold head before the start of the game.
What would happen if one of the victims in a hockey fight wrote a statement about the beatings? Yes, there would be nothing. Naturally, the application will be accepted, an investigation will be carried out, red tape will begin, as a result of which the investigators will still stop the case, for example, due to lack of intent. So theoretically possible, practically not. Moreover, hockey players do not write such statements. The clubs are bound by internal agreements, which from the point of view of some resembles an omerta - a vow of silence. In this regard, I repeat, by joint agreement, they take themselves outside the framework of the Criminal Code. Clubs resolve all conflicts through the bodies of their federations, and not through the bodies of justice. Even if a precedent happens, it will be extinguished by the joint efforts of the KHL and its lobbyists.
I can outline the prospect: an examination will be appointed, they will watch videos, all this will drag on for months ... Of course, the clubs will agree among themselves. A person from above, for example, the head of the KHL, will say: we need to stop this rigmarole, give the victim compensation - and that's it. And then the victim himself will ask for the dismissal of the case. And that's it!
I understand the imperfection of legal regulation in this niche, but I think that in practice it may not be so bad.