Article 80. Grounds for dismissals The Law on Law Enforcement Service

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1. Employees are dismissed on the following grounds:

1) upon length of service (term of service) and reaching the age limit for service, entitling to a pension;

2) upon reaching the age limit for service;

3) for health reasons - based on the conclusion of the military medical commission on unfitness or limited fitness for service.;

4) due to staff reduction or reorganization of the law enforcement agency in case of impossibility of employment in another position.;

5) at your own request;

6) in connection with the transfer to work in other government agencies and organizations in accordance with the established procedure;

7) in connection with the termination or expiration of the contract;

8) in case of refusal of further service due to changes in working conditions;

9) due to an official discrepancy revealed by the results of the attestation;

10) in case of discovered unfitness for service during the probation period;

11) in connection with the termination of citizenship of the Republic of Kazakhstan;

12) for gross violation of official discipline;

12-1) the head of a territorial law enforcement agency – for failure to take measures to prevent:

a) hiding criminal offenses from accounting;

b) the commission by a subordinate employee of a crime related to a gross violation of the constitutional rights of citizens provided for in section II of the Constitution of the Republic of Kazakhstan, established by judicial acts that have entered into force, or decisions of criminal prosecution authorities to terminate a criminal case based on paragraphs 3), 4), 9), 10), 11) and 12) parts the first article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan;

c) systematic disciplinary offenses related to violations of the constitutional rights of citizens provided for in the above-mentioned section of the Constitution of the Republic of Kazakhstan;

13) for committing a misdemeanor discrediting a law enforcement agency;

14) in connection with the commission of a corruption offense;

IZPI's note! Paragraph 1 is provided to be supplemented by subparagraph 14-1) in accordance with the Law of the Republic of Kazakhstan dated 03.01.2023 No. 188-VII (effective from 01.01.2027).

15) in connection with the entry into force of a court conviction for committing a crime or an intentional criminal offense, the termination of a criminal case 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;

15-1) for failure to inform the immediate supervisor in writing about the fact of applying for renunciation of citizenship of the Republic of Kazakhstan or about the fact of applying for acquisition of foreign citizenship on the day of application;

15-2) for non-compliance with anti-corruption restrictions;

16) for failure to provide or misrepresentation of the information specified in paragraph 2 of Article 6 of this Law;

17) in connection with the refusal to occupy the proposed position and the expiration of the period of stay at the disposal of the law enforcement agency;

18) in connection with the liquidation of a law enforcement agency;

19) due to the absence of an employee on duty for three or more consecutive hours in one working day without a valid reason.

2. Misconduct discrediting a law enforcement agency is actions, including those unrelated to the performance of official duties, but undermining the dignity and authority of the law enforcement service, namely: the appearance of employees in public places in a state of alcoholic and (or) narcotic, and (or) substance abuse intoxication (obvious to others belonging to a law enforcement agency); non-medical consumption of narcotic drugs, psychotropic substances, their analogues, and precursors; driving a vehicle in a state of alcoholic and (or) narcotic, and (or) substance abuse intoxication; employee's refusal to undergo a medical examination for alcohol and (or) narcotic, and (or) psychotropic, and (or) substance abuse intoxication; use of official position for personal gain; irregular relationships between employees, cadets educational organizations of law enforcement agencies that have caused a negative public response.

2-1. A gross violation of official discipline includes improper performance or non-performance of official duties by an employee, resulting in harm to human life and health, if these actions (inaction) do not entail criminal liability; participation in actions that impede the normal functioning of government agencies and the performance of official duties, including strikes; the presence of an employee on duty in a state of alcoholic and (or) narcotic, and (or) substance abuse intoxication, including the use of substances that cause such intoxication during the working day; disclosure by an employee of official information that became known to him in connection with the performance of official duties, which caused harm to the interests of the service.

3. The grounds for dismissal of employees provided for in subparagraphs 12) - 16) of paragraph 1 of this article are recognized as negative motives.

In case of dismissal of an employee on the grounds provided for in the sub-paragraphs 9), 10), 12), 12-1), 13), 14), 15) and 16) of paragraph 1 of this article, the filing of an employee's report on his dismissal at his own request does not suspend dismissal and does not entail a change in the grounds for dismissal.

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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