A dispute around a player's transfer — refusal of consent, questions of national-team eligibility, conflict between clubs — rests in Georgia on several norms of the Law on Sport, and knowing them determines who is right. The law establishes the status of the sports club and the right to present a member for transfer, the rules of membership in national teams, the state lever of suspending a federation's leadership, and the general liability norm. On this page we explain how these four layers work in a transfer dispute.
The Sports Club and the Right to Present for Transfer
The first anchor of the dispute is the club's status. A sports club conducts its activity in accordance with the Law on Sport, the legislation in force and its own statutes, and is a legal entity; status is granted to an organization whose founding documents satisfy the requirements of Georgian legislation and of the respective national sports federation. The decisive norm for transfers is this: the preferential right of the club's leadership is to present its members for transfer with the consent of the national sports federation. The legal route of a transfer thus rests on two consents: the club's decision to present the member for transfer and the national federation's consent. A dispute in which either component is refused — the club declines to present, or the federation withholds consent — turns precisely around this norm: the parties must show that their position fits the rule or rests on a distinct ground.
National Teams and Eligibility
The second battleground is the eligibility rules of national teams. The national teams of Georgia are prepared and staffed by the national sports federations; a member of a national team may participate in any sports competition with the consent of the federation of the respective sport. Two strict prohibitions stand here: a citizen of Georgia has no right to compete as part of another country's national team, and a foreign citizen or a stateless person may not compete in the name of Georgia's national team. There is one exception: with the consent of the international federation, a foreign citizen residing abroad who holds compatriot status has the right to participate in sports competitions in the name of Georgia, as part of the national team. In transfer-related disputes these norms are often decisive: a player's move abroad and an attempt to play for another country's team conflict with the law directly, and the federation's position on this question must be legally substantiated.
Suspension of a Federation's Leadership — the State Lever
When a transfer dispute concerns the federation's consent, a question arises: what happens if the federation itself acts unlawfully. Among the competences the law assigns to the ministry is a remarkable lever: in cases where national sports federations fail to observe the basic principles of state policy in sport or grossly violate Georgian legislation, the Ministry of Education, Science, Culture and Sport, together with the registering organ, may suspend the powers of the federations' leaders until the convocation of an extraordinary assembly. This means that a transfer conflict in which a federation's leadership grossly violates the law may grow into the federation's internal dispute and end with the ministry's intervention — and since this lever can also be used by the parties to a dispute as an instrument of pressure, the grounds for its use must be precisely substantiated.
The General Liability Norm
The last layer is general: a violation of a requirement of the Law on Sport entails liability in accordance with Georgian legislation. This short norm determines the final direction of a transfer dispute: a breach of the statutory rules — the federation's consent to a transfer, the eligibility prohibitions — does not remain without consequence, and the form of liability follows the general legislation. When preparing a dispute, this means the party must show both the fact of the breach in relation to this law's norms and the damage and the ground for claiming it under the general legislation.
Frequently Asked Questions
Below we answer the questions that arise most often in transfer disputes.
Whose consent is needed for a transfer?
The consent of the national sports federation — the club's leadership presents its members for transfer with the federation's consent.
Can a Georgian player play for another country's national team?
No — a citizen of Georgia has no right to compete as part of another country's team; the only exception is compatriot status with the international federation's consent.
What happens if the federation violates the law?
In cases of gross violation, the ministry, together with the registering organ, suspends the powers of the federation's leaders until an extraordinary assembly.
Who staffs the national team?
The national sports federations prepare and staff them; a team member competes with the federation's consent.
What liability follows a violation of the law?
A violation of a requirement of the Law on Sport entails liability in accordance with Georgian legislation.
How We Help on Legal.ge
The Legal.ge team assists athletes, clubs, agents and federations at every stage of transfer disputes. We assess the grounds of consent to a transfer, distinguish the eligibility rules, prepare positions before the federation and the court, and evaluate the prospects of a damages claim under the general legislation. Contact us for a consultation — we will assess your dispute and build a strategy that uses the law's four layers correctly.