Spartak has every right to terminate the contract with Promes due to his absence from the club, says lawyer Dobrovinsky

Lawyer Alexander Dobrovinsky told that Spartak had the right to terminate the contract with the footballer Quincy Promes due to a prolonged absence from the Moscow club, this is possible if the contract does not provide for special conditions.

Promes was arrested in Dubai on March 13 at the request of Dutch prosecutors. In February, an Amsterdam court found the Spartak footballer guilty of drug trafficking and sentenced him to six years in prison; Promes’ defense appealed this decision. Last summer, a 32-year-old Dutch man was sentenced to 18 months in prison for attacking his cousin.

— Promes was arrested on the territory of the United Arab Emirates and has been absent from the Spartak site since the end of February. What can a club do under labor law with a football player’s contract?

— If the contract states that for whatever reason he did not arrive at training camp, games, etc., then the contract must be terminated. But Promes has long had a difficult situation with the law enforcement agencies of the Netherlands, and perhaps he could, in the agreement with Spartak, include conditions that would exempt him, for example, from detention or interference of third parties. If he had good lawyers, they could insist on this, and Spartak, given that the team needed a player, could sign such a contract.

“But the footballer is now in the police, he risks extradition.

— I think Quincy had high hopes that Spartak would pull him. Otherwise, he should not have left Russia in any case. Additionally, Russia and the Netherlands do not have an agreement on extradition. “Spartak” did a lot of stupid things: they could not give him citizenship, which was quite easy to obtain. Quincy could apply for political asylum and, in current realities, calmly prove the need for the petition. For some reason, Spartak has already intervened in the territory of the UAE, when it was no longer possible to do anything.

— Have you managed to contact Promes?

– No. I publicly offered my help to Spartak and Quincy. I don’t know if the information reached Promes, who doesn’t speak Russian. I had completely different opportunities. The issuance of Promes in the Netherlands is only possible through the courts. I think his lawyers will insist that the meeting must be postponed for some reason, and that this process could drag on.

— Will he be in detention during this time?

“He can be detained, and if the amount of bail is sufficient, he can be released and placed under house arrest or under recognizance not to leave. In any case, there will be a trial to extradite the footballer; you can’t just handcuff a person and extradite them. The court must prove that the threat to him as a result of this charge in the country to which he is extradited must be less than in the country extraditing him. For example, if he is to be confined in the Netherlands under the article under which he was convicted, the UAE will not extradite him. This is not the case for Promes, so there is little chance that he will not be extradited.

— Is it true that the Spartak footballer will not be able to leave the United Arab Emirates if he is released on bail?

“It is completely impossible to escape.”

— What could be an attempt to illegally cross the Emirates border?

— If he tries to cross the border illegally, he will have additional problems and another case in the United Arab Emirates. It will be very bad for him.

If Quincy has anything to do, then choose my line of defense: try to prove in a court in the Emirates that the two criminal cases in the Netherlands were fabricated based on the fact that he plays in Russia, this is why he is punished as a public figure. It won’t be difficult to prove it, I talked about it with Dutch colleagues. There is a chance for this, especially in the UAE. They will see the situation differently than in Europe.

If Spartak or Quincy hear me through you, the footballer has a chance: the UAE will refuse the Dutch and extradite Promes to Russia, to the country from which he flew.

— Is the process of obtaining Russian citizenship currently stalled or is there a possibility of acquiring a document?

— If the rumors are true, Quincy could be denied citizenship due to an existing criminal case. No one thought to advise Quincy to seek political asylum in Russia. He would receive a so-called refugee passport, which says: valid for all countries except the Netherlands. In other words, he could travel anywhere in the world, but he would not be extradited to the Netherlands, since he is a fugitive from that state. But you need to think about it, contact lawyer Dobrovinsky so that he can advise you on something, but these are the smartest in Spartak.

— So can Promes become the owner of a passport with a two-headed eagle?

– Today, it’s impossible. If he settles in Russia and wishes to stay there, he will have to apply for political asylum, which he will almost certainly be granted. And in five years he will become a Russian citizen and all this will end,” Dobrovinsky told .

Since 2014, Promes has made 235 appearances for Spartak and scored 114 goals; he occupies sixth place in the list of top scorers in the history of the red and whites. As part of the team, the Dutchman became champion of Russia, winner of the country’s Cup and Super Cup.