AGA Partners successfully represented the honoured coach of Ukraine in dispute with Ministry of Youth and Sports. The court upheld AGA Partners claims in full and cancelled the Ministry's wrongful decisions, thereby upholding the decision to support Iryna Zubko's candidacy.
As a result of a long dispute, the final goal was achieved: the Ministry of Youth and Sports of Ukraine (the “Ministry”) gave Iryna Zubko a sports title for training a high-class athlete. Iryna is the first coach of Danyil Boldyrev, a Ukrainian climber, Honored Master of Sports, champion and world record holder, winner of numerous international competitions.
Back in October 2017, the commission of the Ministry supported the candidacy of a coach for awarding her the title of Honored Coach of Ukraine. However, after the intervention of the Mountaineering and Climbing Federation of Ukraine (the “Federation”), the commission of the Ministry cancelled its previous decision and refused to assign Irina a sports title.
AGA Partners requested the court demanding to admit the decisions of the Ministry unlawful and cancel it.
The court reached the conclusion that the first decision of the Ministry’s commission, adopted in October 2017, was not a subject to review due to the absence of a procedure legally prescribed for this and, accordingly, is final. The court also confirmed that the absence of a Federation opinion is not a legitimate reason for refusing to award the sports title Honored Coach of Ukraine.
As a result, the court fully satisfied the claims of AGA Partners and cancelled the disputed decisions of the Ministry, thus keeping in force the first decision of the commission. Today, the court decision has already been executed by the Ministry - on the basis of the commission’s first decision, Iryna Zubko was awarded the sports title Honored Coach of Ukraine.
This court decision is clearly not stereotyped and ordinary. This case demonstrates that not only the decision of the state body, but also its structural units can be final, and therefore can be changed or cancelled in the manner prescribed by law. We hope that this decision will be used as a precedent to consolidate the principle of legal certainty.