Government employees are not eligible to become the president of the federation, and if there is a person who has an employment relationship with the government among the presidential candidates, he is not eligible to accept the position of the president of sports federations.

To prove this fact, first of all, it is necessary not to forget that the football federation is a public non-governmental organization and is subject to the civil service management law regarding all executive bodies. The proof of this claim is the following:

First of all, Article 1 of the constitution of the Football Federation states that this federation is a non-profit and non-governmental institution that has an independent legal personality, and the ruling No. 5988 issued by the 35th branch of the Administrative Court of Justice and the decision No. 1665 of the General Board of the Administrative Court of the Football Federation recognized as a non-governmental, non-profit and independent public institution.

Secondly, the secretary of the government board in the letter number 149960/56585 addressed to the then minister of sports and youth emphasized that the football federation is a professional sports federation outside the scope of amateur sports federations, in compliance with Article 2 of the law on objectives, duties and powers of the ministry of sports and youth. and its nature is non-governmental.

Thirdly, according to Article 5, the Civil Service Management Law defines all non-governmental public institutions as executive bodies subject to this law, and the document No. 121 of the Administrative and Public Affairs Specialized Board of the Administrative Court of Justice states that sports federations, including the football federation, including Executives are subject to Article 5 of the Civil Service Management Law.

Now the question is raised, why government employees are not qualified to hold the position of president of sports federations?

First, the position of the head of the federation is full-time, and in the football job classification scheme implemented in the football federation, the head of the federation is a full-time position, subject to the conclusion of a contract and the creation of an employment relationship.

The second point is that in the decision issued by the General Board of the Court of Administrative Justice on 2/6/1400, the transfer and assignment of government employees from government agencies and non-governmental public institutions to non-governmental organizations and institutions, even in the form of unpaid leave, is explicitly prohibited. .

In addition to these, as stated in the letter of the head of legal affairs and the parliament of the country's administrative and employment organization and mentioned in the aforementioned vote, maintaining an organizational position does not require holding an organizational position, but the fact that an organizational position is necessary to maintain security If the job of an employee is blocked and cannot be appointed to another person, it is enough that he does not have the authority to be the head of the federation. Therefore, while the use of the benefits of unpaid leave is not unlimited and is limited to three years, even the justification that the candidate in question does not receive a salary from the office where they are employed and is on leave, does not make any difference to them.

As a conclusion, it should be said that any person nominated for the presidency of the Football Federation, if he is a government employee or public non-governmental institutions and organizations, due to the full-time position of the Football Federation president and the need to have an employment relationship, they are definitely not qualified to sit on the chair of the federation president. Failure to resign from the government post is an example of abuse of rights and it should be hoped that the election appeals committee will come out of this test with full commitment to the rules and the disqualification of the said candidate.

Amir Saed lawyer