Article 57. Grounds and conditions for disciplinary action The Law on Law Enforcement Service

Home / RLA / Article 57. Grounds and conditions for disciplinary action The Law on Law Enforcement Service

1. The basis for imposing a penalty is the commission of a disciplinary offense by an employee.

2. When imposing a disciplinary penalty and determining its type, the following criteria are taken into account::

1) the content and nature of the offense committed;

2) the gravity and circumstances of the offense committed;

3) data characterizing the employee's personality and his attitude to the service;

4) the motive and degree of the employee's guilt (intentional, negligent);

5) circumstances mitigating the disciplinary responsibility of the employee;

6) circumstances aggravating the disciplinary responsibility of the employee.

2-1. Circumstances mitigating disciplinary liability are recognized as:

1) the repentance of the employee who committed the offense;

2) voluntary reporting of an employee's misconduct to the supervisor;

3) the commission of a misdemeanor for the first time and the presence of consent to the fact of the commission of a misdemeanor;

4) committing a misdemeanor under difficult personal or family circumstances;

5) committing a misdemeanor as a result of coercion;

6) the absence of negative consequences and damage to the image of a law enforcement agency as a result of committing a disciplinary offense.

The head of a law enforcement agency or an authorized head who applies a penalty to an employee, or a disciplinary commission may recognize other circumstances as mitigating when conducting an internal investigation.

2-2. Circumstances aggravating disciplinary liability are recognized as:

1) repeated commission of the same offense, if a penalty has already been applied to the employee for the first offense and it has not been lifted in accordance with the established procedure.;

2) involving a subordinate in the commission of misconduct;

3) committing a misdemeanor during the introduction of a state of emergency or other restrictive measures;

4) committing a misdemeanor in a state of alcoholic and (or) narcotic, and (or) psychotropic, and (or) substance abuse intoxication;

5) the occurrence of negative consequences and damage to the image of a law enforcement agency as a result of committing a disciplinary offense;

6) committing a misdemeanor by influencing an official or his close relatives in connection with the performance of his duties.

3. If an employee commits a disciplinary offense, a written explanation is required from him. If, in a written explanation, the employee agrees with the fact that he has committed this disciplinary offense, the head of the law enforcement agency or the authorized head has the right to impose a penalty without conducting an internal investigation.

If an employee does not agree in his written explanation with the fact that he committed a disciplinary offense, then an internal investigation should be conducted by order of the head of the law enforcement agency or an authorized head.

4. The penalty in the form of a warning about incomplete official compliance, dismissal from office, dismissal and expulsion from the organization of law enforcement education is imposed based on the results of an internal investigation and the relevant recommendations of the disciplinary commission.

A penalty in the form of a warning about incomplete official compliance, dismissal from office may be imposed without conducting an official investigation and relevant recommendations of the disciplinary commission based on a decision of the board or an operational meeting with the first head of the law enforcement agency and the presence of a written explanation of the employee's agreement with the fact of his disciplinary misconduct, as well as materials confirming a full and objective determination of the circumstances its commission.

5. Penalties for disciplinary offenses committed jointly by several employees are imposed on each perpetrator individually.

6. For each case of violation of official discipline, only one disciplinary penalty may be imposed.

7. The imposition of a penalty does not release an employee who has committed a disciplinary offense from fulfilling the obligation for non-fulfillment or improper fulfillment of which the penalty was imposed.

8. An order to impose a disciplinary penalty shall be announced to the employee who has been subjected to disciplinary punishment, against signature, within three working days from the date of its issuance.

9. A refusal to review an order to impose a disciplinary penalty is formalized in an act that is compiled by the personnel service of a law enforcement agency and recorded in a special journal.

If it is not possible to personally familiarize the employee with the disciplinary action order, the personnel service of the law enforcement agency is obliged to send a copy of the disciplinary action order to the employee by letter of notification.

10. A disciplinary penalty is imposed no later than one month from the date of the discovery of a disciplinary offense and six months from the date of the commission of a disciplinary offense.

The day of the discovery of a disciplinary offense, from which the term begins, is considered to be the day when the person to whom the employee is subordinate became aware of the commission of a disciplinary offense, regardless of whether he is entitled to impose disciplinary penalties or not.

Disciplinary punishment for misconduct discrediting a law enforcement agency and gross violation of official discipline provided for by this Law, as well as for violation of the Code of Ethics of Law enforcement officers, civil protection agencies and the State courier service of the Republic of Kazakhstan, approved by the President of the Republic of Kazakhstan, is imposed no later than three months from the date of detection of disciplinary misconduct and may not be imposed later than one year from the date of the commission of the disciplinary offense.

Disciplinary punishment for the commission of a misdemeanor that has resulted in the unlawful bringing of a person to criminal responsibility shall be imposed no later than three months from the date of entry into force of the acquittal or termination of the criminal case on the grounds provided for in paragraphs 1), 2), 5), 6), 7) and 8) the first part of Article 35 of the Code of Criminal Procedure the Code of the Republic of Kazakhstan.

In the event that the court overturns the acquittal or the decision to terminate the case on rehabilitative grounds, the disciplinary penalty previously imposed on a law enforcement officer for actions related to the case is subject to review. If it is established that the employee's actions complied with the norms of the legislation of the Republic of Kazakhstan, the disciplinary penalty is lifted.

At the same time, the employee is entitled to compensation for bonuses, allowances and other benefits not received as a result of such a penalty. The issue of awarding another title or class rank is resolved taking into account the due date of its assignment, without taking into account disciplinary action.

11. In cases of an internal investigation or pre-trial investigation against an employee or the initiation of an administrative offense case 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 He's on vacation, on a business trip.

12. In cases of termination of the pre–trial investigation, but if there are signs of disciplinary misconduct or an administrative offense in the actions of the employee, the penalty is imposed no later than one month, signs of a corruption offense - no later than three months from the date of the decision to terminate the pre-trial investigation.

12-1. In case of imposition by educational organizations of a law enforcement agency of a disciplinary penalty provided for in subparagraph 3) paragraph 3 and subparagraph 4) According to paragraph 4 of Article 56 of this Law, an order to impose a penalty within three working days is sent to the law enforcement agency, which includes an employee who has committed a disciplinary offense.

13. Excluded by the Law of the Republic of Kazakhstan dated 18.11.2015 No. 411-V (effective from 01.01.2016).

14. Disciplinary action may not be imposed on an employee during the period of:

1) temporary disability;

2) being on vacation, with the exception of the vacation provided for in paragraph 9 of Article 75 of this Law;

3) being on a business trip, except in cases when the business trip is related to bringing him to disciplinary responsibility.

15. The period of temporary disability, being on vacation, business trip, appeal against decisions, acts and recommendations of authorized bodies and officials, acts (conclusions, results) of an internal investigation, which are the basis for imposing disciplinary punishment, suspend the period of imposition of punishment if the committed disciplinary offense became known during this period or before it Offensives. The term of the official investigation and the imposition of penalties may be suspended in the absence of the results of a pre-trial investigation or special investigations (examinations).

The period of imposition of a penalty is suspended for the period of sending the materials of the official investigation to the President of the Republic of Kazakhstan in relation to the highest commanding staff to consider the imposition of disciplinary punishment in the form of a demotion in a special rank or class rank by one step.

16. The employee has the right to familiarize himself with all materials related to bringing him to disciplinary responsibility.

17. The term of a disciplinary penalty imposed on an employee may not exceed six months from the date of its application. If the employee is not subjected to a new disciplinary action during this period, he is considered to have no disciplinary action.

18. If it is necessary to apply penalties to an employee that go beyond the rights of the immediate supervisor, he/she shall apply for this to a higher official authorized to apply penalties.

19. A superior supervisor has the right to cancel a disciplinary penalty imposed by a subordinate supervisor if the previously announced penalty does not correspond to the severity of the committed disciplinary offense.

20. A supervisor who has exceeded the rights granted to him to apply or impose disciplinary penalties is subject to disciplinary responsibility for this, and orders to impose penalties are revoked by an official authorized to apply penalties.

21. An employee has the right to appeal a disciplinary penalty imposed on him to a higher authority or court in accordance with the procedure established by the laws 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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