On challenging actions for not being included in the list for the payment of monetary incentives
No.6001-23-00-6ap/1383 dated 13.10.2023
Plaintiff: A.S.
Respondent: State Institution "Ministry of Culture and Sports of the Republic of Kazakhstan"
Interested parties: RSE "Sports Training Center for People with Disabilities" of the Committee on Sports and Physical Culture of the Ministry of Tourism and Sports of the Republic of Kazakhstan, SCSE "Sports Club for People with disabilities"
The subject of the dispute: on challenging the actions of not being included in the list for the payment of monetary incentives as a coach in team competitions, on being forced to be included in the list for the payment of monetary incentives as a coach in team competitions
Review of the defendant's cassation complaint PLOT:
A.S. is a coach of the highest category in judo (certificate No. 25191 dated June 11, 2019).
Since January 14, 2022, A.S. has been working as a judo coach and teacher at SC "A".
Until February 1, 2022, A.S. Po worked part-time at the Center as a senior coach.
In the period from May 1 to May 15, 2022, the following events took place in Caxias do Sul (Brazil)
XXIV Deaflympic Games, where A.S. was seconded by IC "A" to provide practical assistance to the athletes of the club participating in competitions.
The plaintiff's students A.N., J.E., K.S. and M.A. took 2nd, 3rd and 5th places in individual competitions. In addition, they participated in team competitions, according to the results of which the men's and women's teams of Kazakhstan took 3rd place, and the athletes were awarded bronze medals.
By Resolution of the Government of the Republic of Kazakhstan No. 1640 dated December 26, 2022 (hereinafter referred to as Resolution No. 1640), the Ministry of Culture and Sports of the Republic of Kazakhstan allocated funds in the amount of KZT 3,544,340,265 from the reserve of the Government of the Republic of Kazakhstan provided for in the republican budget for 2022 for urgent expenses for one-time payments to athletes who achieved high results. at the XXIV Summer Deaflympics in 2022 in Caxias do Sul (Brazil), and their coaches according to the appendix (hereinafter referred to as monetary incentives).
According to the said resolution, A.S. was included in the list for payment of monetary incentives as the first coach of J.E., K.S. and M.A. and as the personal coach of A.N., J.E., K.S. and M.A., who achieved high results in individual judo competitions.
However, A.S. was not included in the list for monetary rewards as a coach in team sports (judo among men and women).
In this regard, A.S. has repeatedly appealed to the Ministry, the Presidential Administration of the Republic of Kazakhstan, and the Anti-Corruption Agency of the Republic of Kazakhstan regarding his non-inclusion in the lists for payment of monetary remuneration.
All of his appeals were forwarded to the Committee, which reported that there was no reason to pay monetary compensation for the documents submitted by him (letters dated October 20 and 26, 2022).
On November 8, 2022, A.S. filed this lawsuit with the court, arguing that he had contributed to the training of athletes with hearing impairment, had not been involved in paperwork, as he was busy with training all the time, and asked to satisfy the claim on the grounds set out in it.
Judicial acts:
1st instance: the claim is satisfied.
- the inaction of the Russian State Institution "Ministry of Culture and Sports of the Republic of Kazakhstan" on not including A.S. in the list for the payment of monetary incentives as a coach of athletes who achieved high results at the XXIV Summer Deaflympic Games in 2022 in Caxias do Sul (Brazil) regarding judo team competitions among men and women was recognized as illegal.;
- the Russian State Institution "Ministry of Culture and Sports of the Republic of Kazakhstan" is charged with the duty to adopt a favorable administrative act on the inclusion of A.S. in the list for the payment of monetary incentives as a coach of athletes who achieved high results at the XXIV Summer Deaflympic Games in 2022 in Caxias do Sul (Brazil), in terms of judo team competitions among men and women.
Appeal: the court's decision remains unchanged.
Cassation: judicial acts are upheld.
Conclusions: the rules for the payment of monetary incentives to champions and prize-winners of international sports competitions, coaches and members of the national teams of the Republic of Kazakhstan in sports (national teams in sports) and their return (hereinafter referred to as the Payment Rules) were approved by Resolution of the Government of the Republic of Kazakhstan dated March 27, 2020 No. 153.
According to subparagraph 3) of paragraph 2 of the Rules of Payments, a coach in team sports (game sports, group exercises, relay races, mixed team, team) This is a coach who carries out the educational and training process of athletes in a certain field of training (special, technical, tactical, general physical) and (or) additionally carries out the preparatory process with the head coach of the national team of the Republic of Kazakhstan in a sport (national team in a sport) to achieve athletic results.
By virtue of paragraph 12 of the Rules of Payments in team Sports (game sports, group exercises, relay races, mixed team, team), the head coach and two coaches specified in subparagraph 3) of paragraph 2 of these Rules receive monetary rewards for each place taken, except in cases when the team consists of two athletes..
Payment of monetary incentives to the head coach and coaches in team sports (game sports, group exercises, relay races, mixed team, team) is carried out in 100% of the amount of monetary incentives (paragraphs 15 and 16 of the Payment Rules).
According to paragraph 17 of the Payment Rules, in order to receive monetary incentive payments, documents are submitted by accredited republican and (or) regional sports federations no later than 10 working days after the end of the competition.
In accordance with paragraph 19 of the Payment Rules, payments of monetary incentives are carried out by the authorized body in the field of physical culture and sports on the basis of achieving high sporting results.
Within the meaning of subparagraph 12) of Article 1 of the Law of the Republic of Kazakhstan dated July 3, 2014 "On Physical Culture and Sports" (hereinafter referred to as the Law), the authorized body in the field of physical culture and sports is the central executive body responsible for leadership and intersectoral coordination in the field of physical culture and sports.
Article 22 of the Constitutional Law of the Republic of Kazakhstan dated December 18, 1995 "On the Government of the Republic of Kazakhstan" stipulates that the central executive body is the Ministry of the Republic (in this case, the Ministry of Culture and Sports of the Republic of Kazakhstan).
The court of first instance, guided by the above-mentioned norms of the Law and Rules, reasonably satisfied A.S.'s claim, recognizing as illegal the defendant's inaction not to include the plaintiff in the list for the payment of monetary incentives as a coach of a team of athletes who achieved high results at the summer Deaflympic Games, imposed the obligation on the defendant to adopt a favorable administrative act on the inclusion of A.S. in the relevant list, as it was established that the plaintiff, due to the inaction of the authorized body, was unreasonably not included in the list for payment of monetary incentives to him as a coach in judo team sports among men and women, although it was reliably established that athletes under the direct supervision of the plaintiff, who is a coach of the highest category in judo, took They won the 3rd prize and received bronze medals in judo competitions, that is, they showed high results in the last Deaflympics.
the 2022 Olympic Games.
In this regard, the court of first instance legitimately pointed out that the failure of the accredited federation to submit relevant documents in respect of A.S. and the failure of the defendant to fulfill his duties to include the plaintiff in the list for the payment of monetary incentives as a coach in team judo competitions cannot serve as grounds for refusing to exercise the plaintiff's rights. Therefore, the court reasonably granted A.S.'s claim in full.
The appellate judicial board reasonably agreed with the above-mentioned conclusions of the court of first instance, which upheld the court's decision.
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