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Flexible transition.
28/05/2018
President of Russian Premier League Sergey Pryadkin declared that management is going to implement system of fan passports in matches of the championship of Russia. But he noted that transition to FAN-ID will be flexible.
– We realize that sharp implementation of FAN-ID system in domestic competitions may become a reason for significant reduction of the attendance, said Pryadkin to the correspondent of newspaper "Sport-Express". Therefore, right after the World Cup, no one will introduce such a requirement. The transition will be smooth in any case. This is the decision of the state.
Pursuant to paragraph 28 article 2 of the Federal Law dated June 7, 2013 No.108-FZ “On the Preparation and Holding of the World Cup FIFA 2018, Confederations Cup FIFA 2017 in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, Personalized Spectator’s Card (hereinafter referred to as “PSC”) is a document issued to the spectators of sports competitions by the federal executive body ensuring functions on development and implementation of the state policy and regulatory and legal regulation in the field of information technologies required for the entry of any foreign citizens into the Russian Federation and stateless persons arriving to the Russian Federation as spectators of the sports competitions, departure of such citizens and stateless persons from the Russian Federation, as well as access of spectators of the sports competitions to the territory of the respective stadiums in the days of matches of FIFA 2018 World Cup and FIFA Confederations Cup 2017.
A certain procedure for issuing PSCs has been established and approved by the order of the Ministry of Communications and Mass Media of the Russian Federation dated October 25, 2016 No.506. This order details the procedure for obtaining PSCs. But we need to pay attention to a few points that might be interesting for the spectators:
- in order to verify the data of any spectator, football fans identification system (FFIS) transmits the personal data of the spectator to the information system of the federal executive body for security (hereinafter referred to as the security body), that checks and creates a decision to issue or not to issue PSC. The decision to issue or not to issue PSC is transferred from the information system of the security body in FFIS.
- Upon receipt of the decision of the security body, by results of the inspection, FFIS automatically informs the spectator by means of electronic notifications.
- In case of a negative decision taken by the security body, the spectator’s account is given status “Refused to issue a personalized spectator card” and FFIS automatically informs the spectator by means of electronic notifications.
That is, the security body (in our case, the law-enforcement bodies, the Federal Security Service) examine all the persons to identify any unlawful information regarding the applicants (spectators). In fact they decide, whether the spectators are admitted to the competitions or not.
Considering the issue of a potential appeal of the refusal to issue a PSC, one should proceed from the spectator’s purpose and powers of the person who provided the respective refusal. Pursuant to article 25 of the Federal Law No.108-FZ dated 07/06/2013 (edition dated 03/07/2016) “On the Preparation and Holding of the World Cup FIFA 2018, Confederations Cup FIFA 2017 in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, FIFA, affiliates of FIFA, Organizing Committee “Russia-2018” are exempted from any liability for causing losses to third parties, if such losses have arisen from any refusal to provide access to the spectators of the sports competitions on the territory of the corresponding stadium in the days of matches of the World Cup FIFA 2018 and Confederations Cup FIFA 2017, if they prove that such losses have been caused due to the failure to perform or underperformance of the power to issue and arrange a PSC by the Russian Federation. The Russian Federation, acting through the federal executive bodies authorized by the Government of the Russian Federation, shall reimburse the specified losses, unless it is proved that the specified losses have arisen as a result of failure to perform or underperformance of the power to issue and arrange a PSC by the Russian Federation.
In other words, the demand for compensation for losses caused by an unlawful refusal is subject to reimbursement by the Russian Federation in the person of the Ministry of Communications and Mass Media in the Russian Federation. But, prior to submit any respective requirements, one should enquire for a formal refusal from the Ministry of Communications on the justified refusal to issue a PSC. Despite of the fact, that the order of the Ministry of Communications does not specify that information on the reasons for refusal shall be provided in any case, no fan is deprived of the right to receive this information from the person authorized to grant the respective refusal. After that, if there are justified reasons, one may make an administrative claim to recognize the actions of the Ministry of Communications in refusing to issue a PSC unlawful and oblige the Ministry of Communications and Mass Media to issue a PSC.
If in the course of application for a justified refusal to issue a PSC it is be established that the executive bodies do not issue or deliberately delay the 30-day period for consideration of the appeal, one should send an appropriate claim to the prosecutor’s office to hold them liable and restore the violated right, or apply to the court with a petition for compulsion to issue a justified response about refusal to issue a PSC.
– We realize that sharp implementation of FAN-ID system in domestic competitions may become a reason for significant reduction of the attendance, said Pryadkin to the correspondent of newspaper "Sport-Express". Therefore, right after the World Cup, no one will introduce such a requirement. The transition will be smooth in any case. This is the decision of the state.
Pursuant to paragraph 28 article 2 of the Federal Law dated June 7, 2013 No.108-FZ “On the Preparation and Holding of the World Cup FIFA 2018, Confederations Cup FIFA 2017 in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, Personalized Spectator’s Card (hereinafter referred to as “PSC”) is a document issued to the spectators of sports competitions by the federal executive body ensuring functions on development and implementation of the state policy and regulatory and legal regulation in the field of information technologies required for the entry of any foreign citizens into the Russian Federation and stateless persons arriving to the Russian Federation as spectators of the sports competitions, departure of such citizens and stateless persons from the Russian Federation, as well as access of spectators of the sports competitions to the territory of the respective stadiums in the days of matches of FIFA 2018 World Cup and FIFA Confederations Cup 2017.
A certain procedure for issuing PSCs has been established and approved by the order of the Ministry of Communications and Mass Media of the Russian Federation dated October 25, 2016 No.506. This order details the procedure for obtaining PSCs. But we need to pay attention to a few points that might be interesting for the spectators:
- in order to verify the data of any spectator, football fans identification system (FFIS) transmits the personal data of the spectator to the information system of the federal executive body for security (hereinafter referred to as the security body), that checks and creates a decision to issue or not to issue PSC. The decision to issue or not to issue PSC is transferred from the information system of the security body in FFIS.
- Upon receipt of the decision of the security body, by results of the inspection, FFIS automatically informs the spectator by means of electronic notifications.
- In case of a negative decision taken by the security body, the spectator’s account is given status “Refused to issue a personalized spectator card” and FFIS automatically informs the spectator by means of electronic notifications.
That is, the security body (in our case, the law-enforcement bodies, the Federal Security Service) examine all the persons to identify any unlawful information regarding the applicants (spectators). In fact they decide, whether the spectators are admitted to the competitions or not.
Considering the issue of a potential appeal of the refusal to issue a PSC, one should proceed from the spectator’s purpose and powers of the person who provided the respective refusal. Pursuant to article 25 of the Federal Law No.108-FZ dated 07/06/2013 (edition dated 03/07/2016) “On the Preparation and Holding of the World Cup FIFA 2018, Confederations Cup FIFA 2017 in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, FIFA, affiliates of FIFA, Organizing Committee “Russia-2018” are exempted from any liability for causing losses to third parties, if such losses have arisen from any refusal to provide access to the spectators of the sports competitions on the territory of the corresponding stadium in the days of matches of the World Cup FIFA 2018 and Confederations Cup FIFA 2017, if they prove that such losses have been caused due to the failure to perform or underperformance of the power to issue and arrange a PSC by the Russian Federation. The Russian Federation, acting through the federal executive bodies authorized by the Government of the Russian Federation, shall reimburse the specified losses, unless it is proved that the specified losses have arisen as a result of failure to perform or underperformance of the power to issue and arrange a PSC by the Russian Federation.
In other words, the demand for compensation for losses caused by an unlawful refusal is subject to reimbursement by the Russian Federation in the person of the Ministry of Communications and Mass Media in the Russian Federation. But, prior to submit any respective requirements, one should enquire for a formal refusal from the Ministry of Communications on the justified refusal to issue a PSC. Despite of the fact, that the order of the Ministry of Communications does not specify that information on the reasons for refusal shall be provided in any case, no fan is deprived of the right to receive this information from the person authorized to grant the respective refusal. After that, if there are justified reasons, one may make an administrative claim to recognize the actions of the Ministry of Communications in refusing to issue a PSC unlawful and oblige the Ministry of Communications and Mass Media to issue a PSC.
If in the course of application for a justified refusal to issue a PSC it is be established that the executive bodies do not issue or deliberately delay the 30-day period for consideration of the appeal, one should send an appropriate claim to the prosecutor’s office to hold them liable and restore the violated right, or apply to the court with a petition for compulsion to issue a justified response about refusal to issue a PSC.