Kazakhstani weightlifter Denis Ulanov took fourth place at the 2016 Olympics, but in 2018 the result was revised and the IOC awarded the athlete third place.
On August 23, 2021, he applied to the NGO "Weightlifting Federation" for a payment in the amount provided for the bronze medalists of the Olympics.
In November, the Ministry of Justice issued a conclusion that there were no legal grounds for revising the amount of payments, since the norms of the law do not apply to legal relations that arose before its adoption.
The Committee for Sports and Culture of the Ministry of Culture and Sports of Kazakhstan sent a response to Ulanov about the absence of grounds for reviewing payments, and the athlete filed a lawsuit against the department. The following decision has been made.
"Article 45 of the Law "On Physical Culture and Sports" provides that when a higher sports result is awarded by the International Olympic Committee, the amount of cash incentives paid to champions and prize-winners of international sports competitions is reviewed.
This regulation has been in effect since December 13, 2019.
The reason for the refusal to review the amount of payments by the Ministry of Culture and Sports of the Republic of Kazakhstan is that the norm of the Law does not have retroactive effect, therefore, cannot be applied to disputable legal relations.
By virtue of the Law "On Legal Acts", the effect of a normative legal act extends to relations that arose before its entry into force, when the norm of the law improves the situation of citizens.
The current Law provides for the obligation to review the amount of payments.
By the decision of the specialized inter-district administrative court of the city of Nur-Sultan dated March 10, 2022, the claim was satisfied, the refusal to review the amount of payments was declared illegal. The court charged the Ministry of Culture and Sports of the Republic of Kazakhstan with the obligation to review the amount of payments.
The decision has not entered into force," the source informs.
bbabo.Net