Article 38. Temporary suspension of an employee from his official duties The Law on Law Enforcement Service

Home / Laws / Article 38. Temporary suspension of an employee from his official duties The Law on Law Enforcement Service

1. An employee may be temporarily suspended from his official duties in the following cases::

1) in accordance with the procedure established by the criminal procedure legislation of the Republic of Kazakhstan, - the body conducting the criminal process, until the need for such a measure disappears without saving monetary maintenance;

2) in the case of an internal investigation, by the head of a law enforcement agency or an authorized head until the issue of responsibility is resolved, but for a period of no more than one month with the preservation of monetary support.

2. An order from the head of a law enforcement agency or an authorized head is issued on the temporary suspension of an employee from the performance of official duties. The employee must be notified of the temporary suspension order no later than three working days from the date of its issuance. Familiarization with the order is certified by the signature of the employee.

If it is impossible to personally familiarize an employee with the order on temporary suspension from official duties, the personnel service of the law enforcement agency is obliged to send him a copy of the order on temporary suspension from official duties by letter of notification at his place of residence.

3. In case of entry into force of a court verdict of conviction for the commission of a crime or exemption from criminal liability for the commission of a crime on the basis of paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan, an employee is dismissed in accordance with the procedure established by this Law.

4. In the event of termination of a criminal case on rehabilitative grounds, or the entry into force of an acquittal, the employee is reinstated in his position, special or military rank, or class rank.

Reinstatement in service (in a special rank or class rank) of a person is carried out no later than one month from the date of his appeal, if it followed within three months from the date of entry into force of the acquittal or the decision to terminate the criminal case on rehabilitative grounds.

5. Employees dismissed from law enforcement agencies in connection with a conviction for crimes, and then rehabilitated and reinstated, respectively, in a position and a special rank or class rank, are compensated for their forced absence from service in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 6, 2011 No. 380-IV.

This Law regulates public relations related to admission to the law enforcement service of the Republic of Kazakhstan, its passage and termination, and also defines the legal status (status), financial support and social protection of law enforcement officers of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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