A claim for recognition of the dismissal order as illegal and reinstatement at work
To Almaly District Court No. 2
cities of Almaty
267 Tule bi str., Almaty
plaintiff: MR Kozhageldiuly, born on 17.11.1985
IIN .......
Almaty, Auezovsky district, 4, sq. 26
phone (WhatsApp) 8747.........
Defendant: Government agency
"Almaty City Police Department of the Ministry
Internal Affairs of the Republic of Kazakhstan"
BIN 990540002107
Almaty, 57A Masanchi St.
tel. 8 (727) 254-41-95, 8 (727) 267-49-19
claim for recognition of the dismissal order as illegal
and recovery at work.
I, Mr. Kozhageldiuly, worked as the head of the Department of Investigation of road accidents of the Investigation Department of the Almaty City Police Department.
On August 15, 2025, by order of the head of the Almaty city Police Department No. 833, I was dismissed from the internal affairs bodies based on the conclusion of an internal investigation dated 08/14/2025.
According to the order, I was dismissed from the internal affairs bodies for being absent from work without a valid reason for three or more consecutive hours in one working day.
I consider this order to be illegal and unjustified, on the following grounds.
1. On March 6, 2025, due to my state of health, I applied to the medical institution of the KGP at the Municipal Polyclinic No. 36 UOZ in Almaty, where, based on my treatment and examination by a doctor, I received temporary disability certificates. On the same day, March 6, 2025, on the basis of the order of the Almaty City Police Department, I was relieved of my post and enlisted in the reserve.
Subsequently, I filed a claim for reinstatement, and by the decision of the District Court No. 2 of the Almaly district of Almaty dated June 18, 2025 in civil case No. 7520-25-00-2/6365, the dismissal order was declared illegal and I was reinstated.
As part of the consideration of the above-mentioned civil case, the defendant provided the court with a letter from the KGP to the PVC "City Polyclinic No. 36" of the City of Almaty, in which it was stated that the temporary disability certificates issued to me had been canceled.
The District Court No. 2 of Almaly district of Almaty, in its decision, evaluated this letter from the KGP to the PVC "City Polyclinic No. 36" of the UOZ of Almaty, recognizing that this letter cannot be the basis for rejecting my claim for reinstatement.
According to Part 2 of Article 76 of the Civil Procedure Code of the Republic of Kazakhstan, the circumstances established by a court decision or decision that entered into force in a previously considered civil case are binding on the court. Such circumstances are not proven again in other civil cases involving the same persons.
Moreover, according to Part 2 of Article 401 of the Civil Procedure Code of the Republic of Kazakhstan, a territorial subdivision of a state body exercises the right to appeal a court decision with the mandatory approval of a higher authority.
According to the response dated 08/19/2025 to the lawyer's request, the Ministry of Internal Affairs of the Republic of Kazakhstan issued a Decision to refuse to approve the defendant's appeal against the decision of the District Court No. 2 of Almaly district of Almaty dated June 18, 2025. I also indicated in the Decision that I was on a legal temporary disability certificate. Thus, the higher authority, i.e. the Ministry of Internal Affairs of the Republic of Kazakhstan, recognized the legality of the court's decision on temporary disability certificates.
2. The reason for initiating disciplinary proceedings against me was the report of the head of the Legal Department of the Almaty City Police Department dated 07/21/2025, according to which it became known that the temporary disability certificates were declared invalid. That is, the defendant allegedly became aware of my disciplinary offense only on 07/21/2025 from the court decision. Which does not correspond to the actual circumstances of the case.
The letter from the KGP to the PVC "City Polyclinic No. 36" of the UOZ of Almaty, which states the recognition of the temporary disability certificates issued to me, was received by the DP of Almaty on April 23, 2025, which was also established by the decision of the District Court No. 2 of the Almaly district of Almaty.
Thus, the defendant became aware of the disciplinary misconduct on 04/23/2025.
According to Part 1 of Article 66 of the Labor Code of the Republic of Kazakhstan, disciplinary punishment is imposed on an employee immediately upon the discovery of a disciplinary offense, but not later than one month from the date of its discovery, with the exception of cases provided for in paragraph 4 of Article 65 of this Code and other laws of the Republic of Kazakhstan.
Thus, the defendant unlawfully imposed a disciplinary penalty on me after more than 3 months from the day when he became aware of my alleged disciplinary misconduct, which is a violation of the norms of the Labor Code of the Republic of Kazakhstan.
3. I would also like to draw the court's attention to the fact that when initiating disciplinary proceedings, the defendant ignored the following circumstances. By an order of dismissal dated August 15, 2025, I was charged with being absent from work without a valid reason on March 6, 2025. On March 6, 2025, I opened a temporary disability certificate. I was not aware that the temporary disability certificate was opened in violation of the law. I have no medical education and I have not studied the regulations in the field of healthcare either. The temporary disability certificate was opened by a professional employee of a medical institution, and I had no reason to doubt her competence. So I had a good reason not to be at work.
In addition, on March 6, 2025, I was dismissed from my post by order of the head of the Almaty City Police Department No. 244 dated 03/06/2025, i.e., in fact, I am accused of being absent from work on the day when I was suspended from work by order of my employer. As if no one knew about this fact. This is some kind of nonsense.
In accordance with the provisions of article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to judicial protection of their rights and freedoms.
In accordance with article 9, paragraph 1, of the Civil Code of the Republic of Kazakhstan: the protection of civil rights is carried out by the court by recognizing the rights; restoring the situation that existed before the violation of the right; suppressing actions that violate the right or threaten to violate it.
According to article 4 of the Civil Procedure Code of the Republic of Kazakhstan, the objectives of civil proceedings are to protect and restore violated or disputed rights, freedoms and legitimate interests of citizens, the State and legal entities, respect for the rule of law in civil turnover and public law relations, promote peaceful settlement of disputes, prevent offenses and form a respectful attitude towards the law and the court in society.
According to paragraph 21 of Article 57 of the Law of the Republic of Kazakhstan "On Law Enforcement Service, "An employee has the right to appeal a disciplinary penalty imposed on him to a higher authority, a court in accordance with the procedure established by the laws of the Republic of Kazakhstan."
According to part 1 of Article 161 of the Labor Code of the Republic of Kazakhstan, an employee who is reinstated in his previous job is paid wages for the entire time of forced absenteeism or the difference in wages for the time of performing lower-paid work in case of illegal transfer to another job, but not more than six months.
According to the certificate, the salary is 504,900 tenge.
According to article 243 of the Civil Procedure Code of the Republic of Kazakhstan, decisions are subject to immediate execution.:
2) the award of wages to the employee, but not more than three months in advance;
3) about reinstatement at work.
According to part 1 of Article 22 of the Law of the Republic of Kazakhstan, an employee of the internal affairs body and members of his family in need of housing, identified in accordance with Chapter 13-1 of the Law of the Republic of Kazakhstan "On Housing Relations", are provided with housing for the period of service at the expense of the state. Instead of providing official housing, an employee of the internal affairs bodies is paid housing payments in the form of special monetary support from budgetary funds.
The amount of housing payments in Almaty per family member of an employee of the internal affairs bodies is 98154 tenge per month. The family of M.R.K. consists of 6 people. That is, housing payments amount to 588,924 tenge per month.
According to paragraph 4 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 "On certain issues of the application of legislation by courts in resolving labor disputes", "The court is not related to the conclusions of the conciliation commission and the individual labor dispute is resolved on its merits within the limits of the plaintiff's claims." Regarding my dispute, I also ask the court to apply the requirement of this paragraph to the conclusion of an internal investigation, in accordance with the provisions of Article 5 of the Civil Code of the Republic of Kazakhstan on the application of legislation by analogy.
According to Article 616 of the Code of the Republic of Kazakhstan "On Taxes and other mandatory payments to the Budget (Tax Code) The following persons are exempt from paying the state fee in the courts:: 1) plaintiffs – for claims for the recovery of wages and other claims related to employment."
Based on the above, please:
- to recognize as illegal the order of the Head of the Almaty City Police Department No. 833 dated 08/15/2025 in relation to MR Kozhageldy;
- reinstate M Rauan Kozhageldiuly at work from August 15, 2025;
- collect wages from the State Institution "Almaty City Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan" in favor of M Rauan Kozhageldiuly for the time of forced absenteeism from August 15, 2025 to the day of the decision on reinstatement;
- to collect housing payments from the State Institution "Almaty City Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan" in favor of M Rauan Kozhageldiuly in accordance with the "Rules for providing official housing for employees of internal affairs bodies, calculating the amount, appointment, recalculation, implementation, termination, suspension and resumption of housing payments, as well as categories of positions of employees of internal affairs bodies, eligible for housing payments", approved by Resolution of the Government of the Republic of Kazakhstan dated August 5, 2021 No. 5to collect housing payments from the State Institution "Almaty City Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstn" in favor of M Rauan Kozhageldiuly in accordance with the "Rules for providing official housing for employees of internal affairs bodies, calculating the amount, appointment, recalculation, implementation, termination, suspension and resumption of housing payments, as well as categories of positions of employees of internal affairs bodies, eligible for housing payments", approved by Resolution of the Government of the Republic of Kazakhstan dated August 5, 2021 No. 524, during the period of forced absenteeism from August 15, 2during the period of forced absenteeism from August 15, 2025 to the day of the decision on reinstatement.
Appendix: extract from the dismissal order, notice of dismissal, report of the head of the Legal Department of the Almaty city Police Department, Conclusion of an internal investigation, extract from the decision of the Disciplinary Commission, decision of the District Court No. 2 of Almaly district of Almaty, cover letter from the Ministry of Internal Affairs of the Republic of Kazakhstan, Decision of the Ministry of Internal Affairs of the Republic of Kazakhstan on refusal of approval, letter from the City Polyclinic No. 36, explanatory note M.R.K., salary certificate.
Plaintiff M. R.K.
09/14/2025
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Attention!
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