Appeal to K.P. Kozhamzharov, Deputy of the Senate of the Parliament of the Republic of Kazakhstan, member of the Committee on International Relations, Defense and Security.

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appeal

Dear Kairat Perneshovich,

 The hopelessness, injustice, and illegal actions of the leadership of the Ministry of Internal Affairs, the Police Departments of Almaty and Shymkent compel me to contact you. In Kazakhstan, the police are criticized and accused of corruption and low professionalism, ranging from the opposition, the population and civil society, parliamentarians and the press. My complaint is a cry of the soul, it is a warning that one cannot continue to live like this, it indicates that there is a critical situation with respect for fundamental human rights, such as the right to work, but unfortunately, reports of the amazing indifference of the heads of law enforcement agencies are becoming not uncommon, but commonplace? This is terrible! So we get used to this way of life. Now to the point. I come from a simple rural family, I dreamed of serving in the police since childhood. After graduating from the Karaganda Law Institute of the Ministry of Internal Affairs of the Republic of Kazakhstan in 2006, at the call of my heart, I began serving in the police in various positions of the operational investigative service, from November to December 10, 2019, I held the position of deputy head of the investigation Department of the Police Department for the Al Farabi district. Shymkent GU DP Shymkent. In November 2019  I applied for a transfer to the position of deputy head of investigation of the Almaly District Police Department in Almaty.

 

On November 22, 2019, having taken into account my report, the DP of Almaty sent a letter for № 1-.......- And to the Shymkent city police department about sending them my personal file, characteristics and references for review. The leadership of the Shymkent City Police Department, without even examining the contents of the aforementioned letter, where there is not a word about the consent of the leadership of the Almaty city Police Department to my secondment to the Almaty city Police Department, issued order No. 1365 on December 10, 2019, relieving me of my post as Deputy Chief of Investigation of the Police Department for the Al-Farabi district of Shymkent and sent to the disposal of the DP G. Almaty, while showing legal nihilism, ignoring the provisions of the Law of the Republic of Kazakhstan "On Law Enforcement Service" and departmental acts of the Ministry of Internal Affairs of the Republic of Kazakhstan, where there is no concept of sending an employee for further service from one Police Department to another. Further, in violation of the requirements of the Law of the Republic of Kazakhstan "On Law Enforcement Service", Order of the Ministry of Internal Affairs of the Republic of Kazakhstan dated May 27, 2011 No. 246 on certain issues of service in the internal affairs bodies of the Republic of Kazakhstan, "I was not called to complete the order, I was not introduced to the contents of the letter of the DP G. Almaty, and this is despite the fact that I did not give written consent to be seconded to the DP of Almaty with an appointment to a specific proposed position. After receiving a copy of order No. 1365 dated December 10, 2019 from the leadership of the Shymkent DP, I was instructed to leave for Almaty for further service, but upon arrival at the DP in Almaty, according to the results of the agreement, I was refused appointment to the post of deputy head, according to the investigation, of the Almaly UP DP in Almaty with the motivation of absence of this vacant position. From December 2019 to March 2020, I visited the thresholds of the Almaty city police Department dozens of times to resolve the issue and determine the date of my appointment. On May 29, 2020, the leadership of the Almaty City Police Department sent a letter to the Department of Personnel Service of the Ministry of Internal Affairs of the Republic of Kazakhstan to coordinate my appointment to the post of head of the Department of Investigation against Property Crimes of the Investigative Department of the Almaty City Police Department.

 

On June 08, 2020, in the Department of Personnel Policy of the Almaty City Police Department, Police Lieutenant Colonel D.M. Shelekbai verbally informed that the Almaty City Police Department had sent only a request to the Shymkent city police Department to send a personal file, but had not raised the issue of seconding me to the disposal of the Almaty City Police Department. Almaty, and recommended solving the issue of employment at the place of my former job, but at my insistence, on June 11, 2020, the Department of Personnel Work of the Ministry of Internal Affairs of the Republic of Kazakhstan agreed to my appointment to the above position, but another employee was appointed to this position instead of me and I was again left without a job and means of livelihood, and my personal returned to my previous place of work as needed. I still don't understand the actions of the DP staff. Almaty, to which I submitted the secondment documents, and it took them six months to tell me that they had not sent a request to the Shymkent city police department for my secondment, but had only made a request for a personal file. On June 12, 2019, I brought to the attention of the leadership of the Shymkent city Police Department the position of the leadership of the Almaty city Police Department, instead of taking measures to eliminate gross violations of the law and my rights, the deputy head of the Shymkent Police Department for personnel work, Police Colonel A.B. He rudely told me that order No. 1365 of the railway dated December 10, 2019 would not be canceled, moreover, and the previously held position was occupied, having received a rude refusal, I was forced to apply to the Shymkent city police department with a pre-trial complaint. Given the circumstances, having been left without a job, I was forced to apply to the Al Farabi District Court of Shymkent, with a claim for recognition of the illegal actions (inaction) of the DP. Shymkent's refusal to reinstate me from my previous position as Deputy Head of Investigation of the Al-Farabi district Police Department, recognition as illegal and cancellation of Order No. 1365 w/k dated December 10, 2019 of the Shymkent City Police Department, with the assignment of the duty of the Almaty City Police Department to eliminate violations of my rights and reinstate me in my position with a penalty from the Shymkent, the average monthly salary for the time of forced absenteeism. By the decision of the Al Farabi District Court of Shymkent dated August 24, 2020, the action (inaction) was declared illegal GU Police Department of Shymkent's refusal to reinstate me to the post of Deputy head of Investigation in the UP of Al-Farabi district, declared illegal and cancelled Order No. 1365 w/k dated December 10, 2019 by the General Staff of the Shymkent city Police Department on my dismissal from my post and secondment to the disposal of the Almaty City Police Department to continue further service in the Almaty city Police Department, The court also ordered the General Prosecutor's Office of Shymkent to eliminate the violations of my rights and reinstate me as Deputy Chief of Investigation of the Police Department of the Al-Farabi district of Shymkent. Shymkent with the recovery in my favor of the average salary for the time of forced absenteeism in the amount of 2,199,102 tenge.

 

The same court issued a private ruling on August 24, 2020 to the Ministry of Internal Affairs of the Republic of Kazakhstan, which entered into force, has not yet been canceled, since the defendant, knowing about the violations, did not appeal it, the judge pointed out a number of gross violations of the current legislation by the employer. The defendants' side did not deny the above-mentioned objective facts in court, and could not refute them. Despite the obvious and indisputable facts proved in the court of first instance, the judicial board for civil cases of the Court of Shymkent, by its resolution No. 2a-1993 dated November 4, 2020, overturned the decision of the Al-Farabi District Court dated August 24, 2020. Due to the irresponsible, and perhaps criminally negligent attitude of the heads of the internal affairs bodies, today I am not only not a police officer, but I cannot even be enrolled in the disposal (reserve) of a law enforcement agency. I am sure that the leadership of the Shymkent city Government, by hook or by crook, ignoring the laws, will take all measures to make me unemployed, arguing that by order of the General Government of the city of Shymkent, Shymkent No. 1365 dated December 10, 2019, I am listed as seconded to the disposal of the DP of Almaty. Another paradox! The appellate instance partially overturned the decision of the court of first instance, but at the same time upheld the paragraph "To declare illegal the actions (inaction) of the state educational institution "Shymkent Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan" on the refusal................... reinstatement to the post of Deputy Chief of Investigation at the Police Department of the Al-Farabi district of the Shymkent City Police Department," while stating in the operative part: "Taking into account the alleged gross violations of the court of first instance, the decision cannot be recognized as legitimate and justified. The Board considers that the decision is subject to change, with the refusal to satisfy the claims regarding the recognition of illegal and the cancellation of Order No. 1365 w/c dated December 10, 2019 DPShymkent on the release of the................ and B.E. resigning from his post and being seconded to the disposal of the DP of Almaty to continue his further service in the DP of Almaty, assigning the duties of the DP of Almaty.Shymkent to eliminate violations of human rights........... and B.E., reinstating him to the post of deputy head of the investigation of the DP G.Shymkent, recovery from DP G.Shymkent in favor of M........... and B.E. the average salary for the time of forced absenteeism in the amount of 2,199,102 tenge." The three-judge panel, having recognized the first point as legitimate, concluded and decided to recognize the other three points as illegal, while the first point is the main one, since the basis for the dispute was the blatant injustice and lawlessness of the employees of the Shymkent Police Department, as indicated in the decisions of the courts, both of the first and second instance.     Not only Kazakh, but international practice takes into account the expression of the will of the parties when adopting any act, in my case the court of first instance took into account, and the second instance interpreted the obvious fact in its own way.

 

 

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