Labour Disputes
Texto da decisão
REF. FPSD-22338
Decision of the
Dispute Resolution Chamber
passed on 19 February 2026
regarding an employment-related dispute concerning the player Ivan Zotko
BY:
Alejandro ATILIO TARABORELLI, Argentina & Italy
CLAIMANT:
Ivan Zotko, Ukraine
RESPONDENT:
FC Ozgon, Kyrgyz Republic
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REF. FPSD-22338
I. Facts of the case
1.
On 21 January 2025, the Ukrainian player Ivan Zotko (hereinafter: the Player or the Claimant)
and the Kyrgyz club FC Ozgon (hereinafter: the Club or the Respondent) entered into an
employment contract (hereinafter: the Contract)
2.
In respect of its term, the Contract established the following (quoted verbatim):
“This Agreement is concluded for a fixed term and shall remain valid until 31 November
2025, unless terminated earlier in accordance with its terms.”
3.
Clause 4.1.9 of the Contract provided as follows (quoted verbatim):
“In the event that the Player sustains a sports-related injury during the validity of this
Agreement, the Club shall be obliged to pay justified medical expenses, to the extent such
expenses are covered by medical insurance and mandatory social insurance against
occupational accidents.
Such expenses shall be payable exclusively during the term of this Agreement and
provided that they do not give rise to written objections by the Club’s physician, unless
otherwise agreed by the Parties under this Agreement.
The reimbursable expenses shall include, inter alia, medical treatment carried out within
the territory of the Kyrgyz Republic (or abroad, if so provided for by this Agreement),
travel expenses to and from the place of treatment, the purchase of necessary medicines,
medical devices and individual care items, as well as third-party specialized medical care”
4.
On 22 July 2025, the Player underwent an MRI exam of his lumbosacral spine.
5.
On 21 September 2025, Mr. Ponomarenko Dmytro Mykolaiovych issued a certificate stating
that he provided the Player with 30 online consultations on motor coaching/gymnastics,
costing a total amount of USD 3,000 (hereinafter: the Services Certificate).
6.
In particular, the Services Certificate reads as follows (quoted verbatim):
“We the undersigned: Individual Entrepreneur Ponomarenko Dmytro Mykolaiovych (the
Contractor) and Zotko Ivan (the Customer) have executed this Certificate as follows:
1. The Contractor provided to the Customer non-medical consulting services (online
support) in accordance under Agreement No. 1 from 14 August 2025 to 21 September
2025.
2. List of services provided: 30 (thirty) online consultations on motor coaching /
gymnastics.
• Standard price: 150 USD per session.
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REF. FPSD-22338
• Agreed price with discount: 100 USD per session.
• Cost according to the Certificate: 30 × 100 USD = 3000 (three thousand) USD.
• Payment is made in UAH equivalent at the NBU exchange rate on the date of payment.
3. The Customer confirms that the services were provided in full, on time and with proper
quality; he has no claims regarding their scope and quality.”
7.
On 25 November 2025, the Player requested reimbursement from Club of medical
expenses in the amount of USD 3,000.
8.
On an unspecified date, the Club replied that the medical treatment was related to an
acquired condition and not a sports injury sustained during training sessions or matches.
9.
On 5 December 2025, the Player sent a further letter to the Club, maintaining that the injury
was sustained during the term of the Contract and that he was therefore entitled to
reimbursement.
II. Proceedings before FIFA
10. On 16 December 2025, the Player filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Player
11. In his claim, the Player submitted that the Club had failed to reimburse medical treatment
expenses incurred in connection with a sports injury sustained during the term of the
Contract.
12. The Player further alleged that, although the Club initially arranged medical treatment,
such treatment did not lead to any improvement and, following the recommendation of
the Club’s doctor that he undergo surgery (which the Player declined), the Club failed to
offer any alternative rehabilitation options.
13. As a result, the Player sought independent professional treatment that, according to his
submissions, led to an improvement in his condition.
14. The Player requested reimbursement of the outstanding amount of USD 3,000 in medical
expenses.
b. Position of the Club
15. Despite being invited to do so, the Club did not reply to the claim.
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REF. FPSD-22338
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
16. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 16 December 2025 and submitted
for decision on 19 February 2026. Taking into account the wording of arts. 32 and 35 of the
January 2026 edition of the Procedural Rules Governing the Football Tribunal (hereinafter:
the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to
the matter at hand.
17. Furthermore, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), the Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a Ukrainian player and a Kyrgyz club.
18. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 29 of
the Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
19. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
c. Merits of the dispute
20. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he would refer only to the facts, arguments and documentary evidence,
which he considered pertinent for assessing the matter at hand.
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REF. FPSD-22338
i. Main legal discussion and considerations
21. The Single Judge then moved to the substance of the matter and took note of the fact that
the present dispute concerned the reimbursement of medical expenses in the total
amount of USD 3,000.
22. In this regard, the Single Judge observed that the Player maintained having incurred
medical and rehabilitation costs following a sports-related injury sustained during the
validity of the Contract, which the Club had failed to reimburse.
23. Conversely, the Single Judge noted that the Club failed to provide its position to the claim,
therefore, the decision should be taken solely on the basis of the evidence and arguments
submitted by the Player (cf. art. 21 par. 1 of the Procedural Rules).
24. In this context, after a careful analysis of the documentation on file and with reference to
art. 13 par. 5 of the Procedural Rules, the Single Judge concluded that the Player had failed
to substantiate that he had effectively incurred and paid the claimed medical expenses. In
particular, the Player did not submit receipts, bank transfer confirmations, invoices marked
as paid, or any other documentary evidence of payment.
25. The Single Judge further noted that, as regards the Services Certificate provided by the
Player, said document did not establish that any payment had effectively been made by
the Player, but merely that certain services were provided and that a total cost of USD 3,000
was calculated on the basis of the agreed price per session.
26. In view of the foregoing, the Single Judge determined that the Player had failed to discharge
his burden of proof with regard to the effective incurrence of the claimed expenses, and
consequently, decided to reject the Player’s claim in its entirety.
d. Costs
27. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
28. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
29. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-22338
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ivan Zotko, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-22338
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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