A claim for reinstatement in the internal affairs bodies
To the Taldykorgan City Court of the Zhetisu region
53A N. Nazarbayev Ave., Taldykorgan
The plaintiff: B. M. Abilkasimovich
IIN ....
Zhetisu region, Panfilovsky district, S...
phone number 87...
The plaintiff: T A Bakbergenuly
IIN ....
Zhetisu region, Panfilovsky district,
.....
phone: 8708.....
Representative: lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
050002, Almaty, Almaly district,
79/71 Abylai Khan Ave., office 304
info@zakonpravo.kz
www.zakonpravo.kz
Phone: 87085785758
Representative: lawyer Sabit Davletovich Nigmetov
IIN 820125350700
050002, Almaty, Almaly district,
79/71 Abylai Khan Ave., office 304
Phone: 87009785755
Defendants: Government agency
"Zhetisu Regional Police Department
Ministry of Internal Affairs of the Republic of Kazakhstan"
BIN 220840031965
040000, Zhetisu region, Taldykorgan,
I. Zhansugurova St., building 91/95
phone: 8 (7282) 60-80-22
State Institution "Ministry of Internal Affairs
Of the Republic of Kazakhstan"BIN 960340000514
1 Tauelsizdik Ave., Astana, 010000, Republic of Kazakhstan
phone: 8 (7172) 72 26 00
A claim for reinstatement.
On 02.12.2025, by Order of the head of the Police Department for the region Zhetisu Kusainova S.Z. for No. 883-w/k (hereinafter referred to as the Order), the head of the Criminal Police Department of the Panfilovsky district Police Department, Police Major B. M. Abilkasimovich and the operative officer of the Criminal Police Department of the Panfilovsky district Police Department, senior police Lieutenant T.A. Bakbergenuly, were dismissed from service in the internal affairs bodies of the Republic Kazakhstan.
Subsequently, B. M.A. and T. A.B. received letters from the Zhetisu Regional Police Department dated 02/13/2026 stating that they had been dismissed from the internal affairs bodies in accordance with the order of the Head of the Zhetisu Regional Police Department dated 12/02/2025 for No. 883-w/k, the order of the Ministry of Internal Affairs dated 02/02/2026 for No.79/zhk and the order of the Head of the Zhetisu Regional Police Department dated 12.02.2026 (hereinafter referred to as the Orders).
These orders are illegal for the following reasons.
In the proceedings of the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., there was a criminal case on the application of Dauletkeldi M.K., registered on 07/09/2025 in the Unified Register of Pre-Trial Investigations for No. 253300041000026.
On September 8, 2025, the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., based on paragraph 2 of part 1 of Article 35 of the CPC of the Republic of Kazakhstan, issued a resolution to terminate the pre-trial investigation in a criminal case registered in the Unified Register of Pre-Trial Investigations for No. 253300041000026, approved by the Deputy prosecutor of the Zhetisu region, Beskempirov I.S. on September 12, 2025.
Thus, the criminal case was terminated due to the absence of elements of a criminal offense in the act.
However, despite the termination of the criminal case, the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., on an unspecified date, illegally submitted a submission to eliminate the circumstances that contributed to the commission of a criminal offense and other violations of the law (hereinafter referred to as the submission) in accordance with art. 200 of the Criminal Procedure Code of the Republic of Kazakhstan, which was sent without date and outgoing number to the Department of Internal Security of the Ministry of Internal Affairs RK.
In the submission, the investigator of the National Security Committee for the Zhetisu region, S.S.M., writes as a proven fact that on 07/02/2025, B.M.A., being an employee of a law enforcement agency, using his official position, intentionally, for selfish reasons by deception and abuse of trust, demanded money from the victim D.M. in the amount of 1,000 000 tenge for not involving his brother the victim D.M. is criminally liable. On 07/09/2025, D.M. applied to the Department of the National Security Committee for the Zhetisu region on this fact with a statement on bringing Ba M.A. to criminal responsibility. A criminal case was initiated, registered in the Unified Register of Pre-Trial Investigations for No. 253300041000026.
On 07/09/2025, at 11:18 a.m., as a result of covert investigative actions, B.M.A., while in the office with Dauletkeld Madiyar, conversations about the above circumstances and the demand for the transfer of money were documented.
Further, at 5:13 p.m., as a result of the continuation of covert investigative actions, a meeting was documented between D.M. and Tim A.B. During the meeting, Tim A.B. said that he knew everything about what had happened, namely, the demand for money from M.A. in the amount of 1,000 000 tenge, as well as that he would negotiate I would like to meet M.A. and resolve the issue positively. At 5:22 p.m., T A.B. and D.M. went into Ba M.A.'s office and at the end of the conversation, B. M.A. told D.M. to give the monetary reward to That A.B.
Further, it was documented that at 7:53 p.m., T.A.B. met with Dauletkeld Madiyar near his house, where during the conversation, T. A.B. refused to receive the money that D.M. should transfer as a reward. This was the end of the secret investigative actions.
There is no further information about any investigative actions in the submission of the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M..
I believe that the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., had no grounds for making a submission in accordance with art. 200 of the Criminal Procedure Code of the Republic of Kazakhstan.
In substantiation of his conclusions about the evidence of the demand for funds in the submission, Sagatova S.M., investigator of the National Security Committee for the Zhetisu region, points to the results of secret investigative actions.
However, according to Article 112 of the Criminal Procedure Code of the Republic of Kazakhstan:
1. Factual data must be declared inadmissible as evidence if they were obtained in violation of the requirements of this Code, which, by depriving or restricting the legally guaranteed rights of participants in the process or violating other rules of criminal procedure during the pre-trial investigation or trial of the case, affected or could affect the reliability of the factual data obtained, including:
1) with the use of torture, violence, threats, deception, as well as other illegal actions and ill-treatment;
2) using the misconception of a person participating in a criminal trial regarding his rights and obligations, which arose as a result of an unexplained, incomplete or incorrect explanation of them to him;
3) in connection with the conduct of a procedural action by a person who does not have the right to conduct proceedings in this criminal case;
4) in connection with the participation in the procedural action of the person subject to recusal;
5) with a significant violation of the procedure for the procedural action;
6) from an unknown source or from a source that cannot be identified at a court hearing;
7) using methods in the course of proof that contradict modern scientific knowledge.
According to Article 124 of the Criminal Procedure Code of the Republic of Kazakhstan – Examination of evidence:
The evidence collected in the case is subject to a comprehensive and objective examination. The study includes analyzing the evidence obtained, comparing it with other evidence, collecting additional evidence to verify it, and verifying the sources of evidence.
125 of the Criminal Procedure Code of the Republic of Kazakhstan – Assessment of evidence:
1. Each piece of evidence is subject to assessment in terms of relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a criminal case.
2. In accordance with Article 25 of this Code, a judge, prosecutor, investigator, and inquirer evaluate evidence according to their inner conviction based on a comprehensive, complete and objective examination of the evidence in its entirety, guided by the law and conscience.
3. Evidence is recognized as relevant to the case if it represents factual data that confirm, refute or cast doubt on the conclusions about the existence of circumstances relevant to the case.
4. Evidence is recognized as admissible if it is obtained in accordance with the procedure established by this Code.
5. A proof is recognized as reliable if, as a result of verification, it turns out that it corresponds to reality.
6. The totality of evidence shall be deemed sufficient to resolve a criminal case if admissible and reliable evidence has been collected that establishes without any doubt and indisputably the truth about each and every one of the circumstances to be proved.
The only evidence of the circumstances of the commission of disciplinary misconduct Bym M.A. and Tym A.B., which are indicated in the submission by the investigator of the National Security Committee for the Zhetisu region Sagatov S.M., are the results of secret investigative actions recorded on audio–video recordings.
We have studied the criminal case.
However, in violation of the requirements of Articles 124-125 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., did not examine the specified audio-video recording with the involvement of experts. Namely, he did not appoint a Forensic videographic examination based on the audio recordings received, which would confirm or deny that the voices on the audio recordings belonged to Bu M.A., Tu A.T. and the victim Dauletkeldi Madiyar, the presence or absence of editing or alterations.
Further, a forensic portrait examination was not ordered, which would have established or refuted that the faces depicted on the audio-video recording were identical to the external appearance of Ba M.A. and Ta A.T.
A forensic psychological and philological examination was not appointed, which would have established or refuted the fact that M.A. and Tim A.B. Dauletkeld Madiyar were motivated to transfer money and other issues.
According to Part 1 of Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, the court, the prosecutor, the investigator, the inquirer are obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the proper resolution of the case.
According to Part 3 of Article 60 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator is obliged to take all measures for a comprehensive, complete and objective investigation of the circumstances of the case, to carry out criminal prosecution of a person against whom sufficient evidence has been collected indicating that he has committed a criminal offense, by qualifying the suspect's act, choosing a preventive measure in accordance with this Code, and compiling a report on the completion of a pre-trial investigation outlining the circumstances of the criminal offense and describing the evidence gathered.
Thus, S.M. Sagatov, the investigator of the National Security Committee for the field of Zhetisu, having gone beyond his powers, without examining the evidence, as required by the Criminal Procedure Code of the Republic of Kazakhstan, without having special scientific knowledge, actually replaced the expert's powers, without receiving the conclusion of the above-mentioned examinations, he concluded that audio-video recordings of secret investigative actions are reliable and permissible. evidence confirming the claims of Ba M.A. and Ta A.B. for funds from the victim Dauletkeldi Madiyar.
On 09/19/2025, the submission was received by the Department of Internal Security of the Ministry of Internal Affairs of the Republic of Kazakhstan. Subsequently, the submission was forwarded to the Department of Internal Security of the Zhetisu Regional Police Department for action.
On the basis of an illegally submitted submission by the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., the Zhetisu Police Department conducted an internal investigation on the basis of an order to conduct an internal investigation dated 10/13/2025, which resulted in a conclusion on the dismissal of Ba M.A. and Ta A.B. from service in the internal affairs bodies of the Republic of Kazakhstan on 10/16/2025.
Subsequently, orders were issued to dismiss the plaintiffs from service in the internal affairs bodies of the Republic of Kazakhstan dated 02.12.2025, 10.02.2026 and 12.02.2026.
According to Part 3 of Article 180 of the CPC of the Republic of Kazakhstan, the procedure for receiving and registering applications, reports or reports on criminal offenses, as well as the procedure for maintaining a Unified Register of pre-trial Investigations are determined by the Prosecutor General of the Republic of Kazakhstan.
According to paragraph 20 of the "Rules for Receiving and registering applications, reports or reports on criminal offenses, as well as maintaining a Unified Register of Pre-trial Investigations" approved by Order of the Prosecutor General of the Republic of Kazakhstan dated September 19, 2014 No. 89 (hereinafter referred to as the Rules of the ERDR):
The management of the ERDR consists in filling in the relevant details of electronic information accounting documents - forms (hereinafter referred to as the form) for each action and decision on criminal proceedings, signed by the EDS, in accordance with the Law of the Republic of Kazakhstan dated January 7, 2003 "On electronic document and electronic Digital Signature", submitted to the authorized body. an agency through a unified transport Environment of government agencies.
According to paragraph 51 of the Rules of the ERDR: The registration form for seized and destroyed narcotic drugs, psychotropic or poisonous substances, precursors (hereinafter referred to as NPP), other material evidence in the case, confiscated property and registration of submissions in accordance with Annex 16 to these Rules is filled out during the seizure, transfer and destruction of material evidence, confiscation of property in a criminal case, and also, the submissions made in accordance with Article 200 of the CPC of the Republic of Kazakhstan and the results of their consideration.
According to paragraphs 53-1 of the Rules of the ERDR: The accuracy of filling in the details of the submissions made in accordance with Article 200 of the CPC of the Republic of Kazakhstan and the results of their consideration, as well as information on confiscated property, is provided by the person conducting the pre-trial investigation.
In addition to the above-mentioned Rules and Norms of the CPC of the Republic of Kazakhstan, employees of the national security bodies of the Republic of Kazakhstan are subject to the "Rules for making submissions by the national security bodies of the Republic of Kazakhstan on eliminating the causes and conditions conducive to the implementation of threats to the security of the Republic of Kazakhstan, the commission of criminal offenses, the investigation of which is attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of the national security bodies", approved by the Order of the Chairman of the National Security Committee Security Council of the Republic of Kazakhstan dated February 14, 2024 No. 20/ke (hereinafter referred to as – Rules for making submissions).
According to paragraph 6 of the Submission Rules:
The idea of eliminating the causes and conditions contributing to the realization of threats to the security of the Republic of Kazakhstan, the commission of criminal offenses, the investigation of which is attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of the national security authorities, is drawn up in two copies. One copy of the submission on the official letterhead is given to the addressee (state body, military formation, unit, organization) it is signed or sent by mail, and the other is located in the national security body of the Republic of Kazakhstan, which submitted the submission.
According to Appendix 2 to the Rules for Making Submissions, submissions must include:
- in the upper part of the submission, the name and address of the national security agency making the submission;
- name of the legal entity, details of its head, address and phone number;
- date, number, city;
- the word "Demand";
- the right to appeal a submission;
- place for signature and seal, date and time of receipt.
The submission of the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., does not comply with the form set out in Appendix 2 to the Rules for Making Submissions. There is a gross violation by investigator Sagatov S.M. of the requirements of the current legislation of the Republic of Kazakhstan.
According to the response of the Department of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Zhetisu region dated 11.12.2025, there is no information on making submissions on a criminal case registered in the Unified Register of Pre-Trial Investigations No. 253300041000026.
According to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan, having established in the course of criminal proceedings the circumstances that contributed to the commission of a criminal offense, the person conducting the pre-trial investigation has the right to submit to the relevant state bodies, organizations or persons performing managerial functions in them, the idea of taking measures to eliminate these circumstances or other violations of the law.
I believe that the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., without authority and grounds, made an illegal submission to the Ministry of Internal Affairs of the Republic of Kazakhstan.
Subsequently, on the basis of an illegal submission by the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., an illegal Order was issued by the head of the Zhetisu Police Department, Kusainov S.Z., dated 10/13/2025, to conduct an internal investigation and an illegal Conclusion of the internal investigation dated 10/16/2025 against Ba Ma Abilkasimovich and Ta Aa Bakbergenuly.
Moreover, according to Article 57 of the Law of the Republic of Kazakhstan "On Law Enforcement Service":
11. In cases where an official investigation or pre-trial investigation is conducted against an employee or an administrative offense case is initiated, considered by the court, disciplinary punishment is imposed no later than one month, respectively, from the date of the end of the investigation, the adoption of a procedural decision to terminate the criminal case or proceedings on an administrative offense, not counting the time of absence from work due to illness of the perpetrator. or finding him on vacation or on a business trip.
The order to dismiss Ba M.A. and Ta A.B. was issued on 02.12.2025. The decision to terminate the criminal case was approved by the prosecutor on 12.09.2025. Thus, the order of the head of the Police Department was issued illegally, after the expiration of the one-month period stipulated by the Law of the Republic of Kazakhstan "On Law Enforcement" Service.
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 paragraph 1 of Article 9 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 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 courts:: 1) plaintiffs – for claims for the recovery of wages and other claims related to employment."
According to paragraph 12 of Article 30 of the CPC RK, claims against several defendants may be filed at the place of residence or location of one of the defendants at the plaintiff's choice.
According to paragraph 1 of Article 169 of the Civil Procedure Code of the Republic of Kazakhstan, the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of claims by submitting a written application before the court is removed for adjudication in the absence of the need for additional procedural actions.
Based on the above, I ask:
- to recognize as illegal the Order of the head of the Regional Police Department Zhetisu Kusainov S.Z. No. 318 dated 10/13/2025 on conducting an internal investigation on the recommendation of the Department of the National Security Committee in criminal case No. 253300041000026;
- to recognize as illegal the Conclusion of the official investigation of 16.10.2025 in relation to Ba Ma Abilkasimovich and Ta Aa Bakbergenuly;
- to recognize as illegal the Order of the head of the Police Department for the region Zhetisu Kusainov S.Z. No. 883-zh/k dated 02.12.2025 on dismissal from service in the internal affairs bodies of the Republic of Kazakhstan, the head of the Criminal Police Department of the Panfilovsky district Police Department, Police Major Ba Ma Abilkasimovich;
- to recognize as illegal the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 79 w/k dated 02/10/2026 on the dismissal from service in the internal affairs bodies of the Republic of Kazakhstan of the head of the Criminal Police Department of the Panfilovsky district Police Department, Police Major Ba Ma Abilkasimovich;
- to recognize as illegal the Order of the head of the Police Department for the Zhetisu region No.113 w/k dated 12.02.2026 on the dismissal from service in the internal affairs bodies of the Republic of Kazakhstan of the head of the Criminal Police Department of the Panfilovsky district Police Department, Police Major Ba Ma Abilkasimovich;
- to recognize as illegal the Order of the head of the Police Department for the region Zhetisu Kusainov S.Z. No. 883-zh/k dated 02.12.2025 on the dismissal from service in the internal affairs bodies of the Republic of Kazakhstan of the operative of the Criminal Police Department of the Panfilovsky district Police Department of senior police Lieutenant Ta Aa Bakbergenuly;
- to recognize as illegal the Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 79 w/k dated 02/10/2026 on the dismissal from service in the internal affairs bodies of the Republic of Kazakhstan of the operative of the Criminal Police Department of the Panfilovsky district Police Department of senior police Lieutenant Ta Aa Bakbergenuly;
- to recognize as illegal the Order of the head of the Police Department for the Zhetisu region No.113 w/k dated 12.02.2026 on the dismissal from service in the internal affairs bodies of the Republic of Kazakhstan of the operative of the Criminal Police Department of the Panfilovsky district Police Department of senior police Lieutenant Ta Aa Bakbergenuly;
- reinstate Ba Ma Abilkasimovich in his former position in the internal affairs bodies of the Republic of Kazakhstan from December 2, 2025;
- to reinstate Ta Aa Bakbergenuly in his former position in the internal affairs bodies of the Republic of Kazakhstan from December 2, 2025;
- collect wages from the State Institution "Zhetisu Regional Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan" in favor of Ba Ma Abilkasimovich for the time of forced absenteeism from December 2, 2025 to the day of reinstatement at work;
- collect wages from the State Institution "Zhetisu Regional Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan" in favor of Ta Aa Bakbergenula for the time of forced absenteeism from December 2, 2025 to the day of reinstatement at work.
Appendix: Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 79 dated 02/10/2026, extract from the order of the head of the DP region Zhetisu No.113 dated 02/12/2026.
Plaintiff B M.A.
Plaintiff T. A.B.
Representative
Lawyer Sarzhanov G.T.
05/01/2026
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