An employee may be dismissed for failure to provide or misrepresentation of information.
In accordance with subparagraph 16) of paragraph 1 of Article 80 of the Law "On Law Enforcement Service", an employee may be dismissed for failure to provide or misrepresentation of the information specified in paragraph 2 of Article 6 of this Law.
According to subparagraph 9) of paragraph 2 of Article 6 of the Law, a person who has or has had a criminal record or who has been released from criminal liability on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, as well as the dismissed for negative reasons from the state, military service, from other law enforcement agencies, special government agencies, as well as those who have terminated the powers of a judge for negative reasons (current version), who were previously convicted or released from criminal liability for committing a crime on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, as well as dismissed for negative reasons with civil service, from other law enforcement agencies, special government agencies, courts and judicial authorities (old edition).
A. was recruited to the internal affairs bodies in 2006. By an order dated August 10, 2021, the plaintiff was dismissed from law enforcement agencies for failure to provide information on bringing him to criminal responsibility.By virtue of paragraph 5 of the Regulation on the service of Ordinary and Commanding Officers of the Internal Affairs Bodies of the Republic of Kazakhstan dated December 27, 1996 No. 1644, which was in force at the time of the plaintiff's admission to the service, a citizen of the Republic of Kazakhstan cannot be employed in the internal affairs bodies if he has or previously had a criminal record and is exempt from criminal liability for non-rehabilitating grounds.
The plaintiff's arguments about the absence of legal requirements preventing those who had previously been convicted and released from criminal liability from entering the internal affairs bodies upon his admission to the service in 2006 were found to be untenable.
Thus, at the time of the plaintiff's admission to the service, the wording of the Law "On Internal Affairs Bodies" (originally Decree of the President of the Republic of Kazakhstan dated December 21, 1995 No. 2707) was in force, in which paragraph 10 of Article 15 also provided for the impossibility of hiring persons who had previously been convicted and released from criminal liability on non–rehabilitating grounds..
In such circumstances, the conclusions of the local courts on the groundlessness of the plaintiff's claims were recognized as correct (the decision of the Ust-Kamenogorsk City Court of October 4, 2021, and the decision of the Court of Appeal of January 5, 2022). By the decision of the judge of the Supreme Court, the transfer of the petition for the review of judicial acts in cassation was refused.
Employees dismissed under subparagraph 16) of paragraph 1 of Article 80 of the Law "On Law Enforcement Service", in their petitions, give arguments about missing the deadline for disciplinary action.In this regard, it should be borne in mind that from the content of subparagraph 15) of article 1 of the Law "On Law Enforcement Service" it follows that only an active law enforcement officer can commit a disciplinary offense, whereas article 6 of the Law provides for the conditions for admission to law enforcement service.
According to paragraph 29 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan: "On certain issues of the application of legislation by courts in the resolution of labor disputes," failure to provide or intentionally distort the above information upon entering the service cannot be regarded as a disciplinary offense, and therefore the use of the statute of limitations for disciplinary action upon termination of employment with such an employee is unacceptable.
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