The case involves a legal dispute between professional football player Konstantin Dudchenko and Public Fund Football Club Irtysh, along with the Kazakhstan Football Federation (KFF), centered around unpaid salaries and the termination of Dudchenko's employment contract. The dispute began when Dudchenko filed a claim with the KFF Dispute Resolution Chamber (DRC), which ruled in his favor in April 2016, ordering the club to pay outstanding salaries and medical costs. However, the club challenged the validity of an additional agreement in a local court, leading the Supreme Court of Kazakhstan to declare the agreement invalid. Subsequently, the DRC revoked its earlier decision in May 2017, citing the Supreme Court's ruling. Dudchenko appealed this revocation to the KFF Appeals Committee, which dismissed his appeal, prompting him to take the case to the Court of Arbitration for Sport (CAS).
At CAS, Dudchenko argued that the DRC lacked the authority to revoke its decision without explicit provisions in the KFF regulations allowing such action. The CAS examined its review powers under Article R57 of its Code, confirming it could review facts and law de novo but within the limits of the issues addressed in the challenged decision. The CAS also considered whether the DRC had the authority to revoke its decision ex officio (without a party's request), concluding that such power must be explicitly granted by the federation's regulations. The tribunal emphasized that the club's obligation to register employment contracts with the KFF should not disadvantage the player, even if the regulations do not explicitly state this.
The case highlights the tension between sports governance regulations and national legal systems, particularly regarding the enforcement and appeal of decisions by football authorities. The CAS Sole Arbitrator found that the DRC's revocation of its initial decision was invalid because the DRC lacked the authority to do so without a formal request from an involved party, as such power was reserved for the Appeals Committee under KFF regulations. The Arbitrator also noted that the player had followed proper procedural steps, including requesting reasoned decisions and exhausting internal appeals before bringing the case to CAS. The decision underscored the importance of due process, including the right to reasoned decisions, and clarified that civil courts retain authority over employment disputes despite the regulatory framework of sports federations.
Ultimately, the CAS partially upheld Dudchenko's appeal, nullifying the DRC's revocation decision and affirming that the initial DRC ruling from April 2016 remained in force. The case underscores the complexities of resolving disputes where sports regulations intersect with national labor and civil laws, while reinforcing the procedural limits of dispute resolution bodies in revising their decisions. The CAS award, rendered on October 12, 2020, highlighted the tribunal's role in ensuring fair adjudication while respecting the procedural frameworks of national federations.