Article 58. Internal investigation The Law on Law Enforcement Service

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1. An internal investigation is conducted by decision of the head or authorized head of a law enforcement agency if it is necessary to identify the causes, nature and circumstances of a disciplinary offense committed by an employee, confirm the presence or absence of circumstances provided for by this Law, as well as in accordance with the legislation of the Republic of Kazakhstan, including on the basis of a written report from employees and communications from law enforcement and judicial authorities.

2. An employee who is directly or indirectly interested in the results of an internal investigation may not participate. In this case, he is obliged to contact the person who made the decision to conduct an internal investigation with a written report on his release from participation in the conduct of this investigation. In case of non-compliance with this requirement, the results of the internal investigation are considered invalid.

3. When conducting an internal investigation, measures should be taken to establish an objective and comprehensive:

1) the fact that an employee has committed a disciplinary offense;

2) the reasons and conditions that contributed to the commission of disciplinary misconduct by the employee;

3) the nature and extent of the harm caused by the employee as a result of the commission of a disciplinary offense;

4) the presence or absence of circumstances preventing an employee from passing through the service.

3-1. In the course of an internal investigation, the authorized official who is charged with conducting it has the right:

1) receive a written explanation from the employee in respect of whom an internal investigation is being conducted, as well as from other persons;

2) to collect materials and information concerning the circumstances of the commission of a disciplinary offense;

3) get acquainted with the relevant documents, if necessary, attach copies of them to the materials of the internal investigation;

4) to receive opinions, explanations and consultations from specialists on issues requiring special knowledge;

5) initiate a polygraph examination of employees in respect of whom an internal investigation is being conducted.

The polygraph examination is carried out with the consent of the employee.

4. An internal investigation must be completed no later than one month after the date of the decision to conduct it. The specified period does not include the time spent by the employee being investigated on vacation, on a business trip or on medical treatment, as well as the time of his absence from service for other valid reasons.

5. The results of an internal investigation are presented to the person who made the decision to conduct an internal investigation in the form of a written opinion, which is approved by him no later than three calendar days after the end of the investigation.

The person who conducted the internal investigation is obliged to familiarize the employee in respect of whom the internal investigation was conducted with the conclusion personally or by sending a copy of it by courier mail, postal communication, fax, e-mail and other information and communication technologies, or electronically with the provision of authorization, identification of the employee within three working days from the date of the end of the official investigation, if this does not contradict the requirements of non-disclosure of information constituting state secrets and other protected secrets.

6. A written explanation of the circumstances of the internal investigation is required from the employee in respect of whom the internal investigation is being conducted.

7. An employee in respect of whom an internal investigation is being conducted has the right:

1) provide a written explanation on the merits of the ongoing internal investigation;

2) to file petitions, provide evidence and other documents;

3) appeal decisions and actions (inaction) employees conducting an internal investigation, to the head or authorized head of the law enforcement agency that made the decision to conduct an internal investigation;

4) to get acquainted with the conclusion and other materials at the end of the official investigation, if this does not contradict the requirements of non-disclosure of information constituting state secrets and other legally protected secrets.

If an employee refuses to give a written explanation, a corresponding act is drawn up.

8. The conclusion based on the results of the internal investigation indicates:

1) the facts and circumstances established by the results of the internal investigation;

2) conclusions and suggestions on the type of disciplinary action.

9. If, during an internal investigation, signs of a criminal offense are found in the actions of an employee, the head or authorized head of the law enforcement agency who made the decision to conduct an internal investigation is obliged to immediately transfer the received materials to the relevant law enforcement agencies for decision-making.

10. Excluded by the Law of the Republic of Kazakhstan dated 07/11/2022 No. 136-VII (effective sixty calendar days after the date of its first official publication).

11. In relation to cadets and employees who are trained in law enforcement education organizations, an internal investigation is conducted by the relevant department of the law enforcement education organization.

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.

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Republic of Kazakhstan

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