CASSATION APPEAL against the Ruling of the Civil Cases Judicial Panel of the Court of Zhetisu Region

To the Cassation Court for Civil Cases

Person filing the cassation appeal: PlaintiffT A.B.

IIN: ..

Zhetisu Region, Panfilov District,Koktal village, Zh. Street, Building 90Tel.: 8708....

Procedural status: Plaintiff

Plaintiff's Representatives:

Advocate Sarzhanov Galymzhan Turlybekovich

Law Office “Zakon i Pravo”BIN 201240021767Office 304, 79/71 Abylai Khan Avenue, AlmatyTel.: 87085785758

Advocate Nigmetov Sabit Davletovich

IIN 820125350700

Office 304, 79/71 Abylai Khan Avenue, AlmatyTel.: 87009785755

Other persons participating in the case:

Co-Plaintiff: B.M.A.

IIN ....

Zhetisu Region, Panfilov District,Konyrөlen village, O.Zh. Street, Building 27Tel.: 87787...

Defendant 1: State Institution “Police Department of Zhetisu Region of the 

Ministry of Internal Affairs of the Republic of Kazakhstan”

Address: 91/95 I. Zhansugurov Street, Taldykorgan, Zhetisu Region

Defendant 2: State Institution “Ministry of Internal Affairs of the Republic of Kazakhstan”

Address: 1 Tauelsizdik Avenue, Astana

Third Party: Deputy Prosecutor of Zhetisu Region I.S. Beskempirov

CASSATION APPEAL

against the Ruling of the Civil Cases Judicial Panel of the Court of Zhetisu Region dated 20 August 2026

B.M.A. and T.A.B. filed a claim with the court against the State Institution “Police Department of Zhetisu Region of the Ministry of Internal Affairs of the Republic of Kazakhstan” and the State Institution “Ministry of Internal Affairs of the Republic of Kazakhstan” seeking to declare unlawful and annul the findings of the internal investigation, the orders to conduct the internal investigation, the dismissal orders No. 883-ж/қ dated 2 December 2025, No. 79 ж/қ dated 10 February 2026, and No. 113 ж/қ dated 12 February 2026, to reinstate the Plaintiffs in service, and to recover the average salary for the period of forced absence from work.

By the Judgment of the Taldykorgan City Court dated 15 May 2026 (case No. 3310-26-00-2/985), the claims were granted in full. A Private Ruling was issued against the Defendants in connection with gross violations of legality.

By the Ruling of the Civil Cases Judicial Panel of the Court of Zhetisu Region dated 20 August 2026, the judgment of the court of first instance was annulled and the claims were dismissed.

The ruling of the appellate panel was issued with substantial violations of substantive and procedural law.

1. Violation of Part 4 of Article 127 of the Criminal Procedure Code of the Republic of Kazakhstan, Subparagraphs 4) and 5) of Paragraph 3 of Article 78 of the Constitution of the Republic of Kazakhstan, and creation of a “procedural paradox”

Pursuant to Part 4 of Article 127 of the Criminal Procedure Code of the Republic of Kazakhstan:

“A ruling of a criminal prosecution body shall not be binding upon a court, except for a ruling on termination of criminal prosecution on the same suspicion.”

Pursuant to Subparagraphs 4) and 5) of Paragraph 3 of Article 78 of the Constitution of the Republic of Kazakhstan, any doubts as to a person's guilt shall be interpreted in his or her favor, while evidence obtained through unlawful means shall have no legal force.

Criminal case No. 253300041000026 was terminated by a ruling of Investigator S.M. Sagatov of the Department of the National Security Committee on the grounds of absence of elements of an offense (Subparagraph 2) of Part 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan). By virtue of Part 4 of Article 127 of the Criminal Procedure Code of the Republic of Kazakhstan, this act was binding upon the court and the Defendants and confirmed the absence of elements of an offense.

However, the Judicial Panel violated the requirements of procedural legislation and the provisions of the Constitution.

The Judicial Panel rejected the ruling on termination of the case, which was binding by virtue of Part 4 of Article 127 of the Criminal Procedure Code of the Republic of Kazakhstan, thereby depriving it of legal force.

At the same time, the Judicial Panel treated the investigator's submission and unexamined materials of covert investigative activities (“CIA”) as “conclusive evidence of the commission of a disciplinary offense,” although interim procedural acts of an investigation have no binding force for a civil court (Part 4 of Article 127 of the Criminal Procedure Code and Article 76 of the Civil Procedure Code of the Republic of Kazakhstan).

The provisions of Article 78 of the Constitution of the Republic of Kazakhstan were grossly violated. The Judicial Panel prohibited the court of first instance from examining the admissibility of the CIA materials under the pretext of “preventing the substitution of investigative authorities,” while at the same time it interpreted all unresolved doubts — including the absence of phonographic and philological examinations — against the Plaintiffs, relying on raw and unverified materials as the basis for their dismissal.

This completely deprived the Plaintiffs of their right to judicial protection (Articles 15 and 68 of the Civil Procedure Code of the Republic of Kazakhstan).

The submission made by Investigator S.M. Sagatov of the Department of the National Security Committee was submitted in gross violation of the Rules for the Submission of Representations by the National Security Committee Bodies, approved by Order of the Chairman of the National Security Committee of the Republic of Kazakhstan.

The document was not registered in the Unified Register of Pre-Trial Investigations (ERDR), which was confirmed by the official letter of the Department for Criminal-Procedural Control and Supervision of the Prosecutor General's Office of the Republic of Kazakhstan for Zhetisu Region dated 11 December 2025 No. ЗТ-2025-04323978.

Pursuant to Article 68 of the Civil Procedure Code of the Republic of Kazakhstan, evidence obtained in violation of the law shall be deemed inadmissible and may not be relied upon as the basis for imposing a disciplinary sanction.

The internal investigation and the initial dismissal order No. 883-ж/қ dated 2 December 2025 were issued outside the preclusive time limits established by Paragraphs 10–12 of Article 57 of the Law of the Republic of Kazakhstan “On Law Enforcement Service.”

Being aware that the statutory time limits had expired, the Ministry of Internal Affairs of the Republic of Kazakhstan and the Police Department of Zhetisu Region issued Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 79 ж/қ dated 10 February 2026 and Order of the Police Department of Zhetisu Region No. 113 ж/қ dated 12 February 2026, thereby changing the grounds and wording of the dismissal.

Issuing orders retroactively constitutes a direct circumvention of the preclusive time limits established by law and a gross violation of the rights of the employees.

Moreover, the above orders were issued after the Plaintiffs had filed a complaint with the Ministry of Internal Affairs of the Republic of Kazakhstan challenging the unlawfulness of Order of the Police Department of Zhetisu Region No. 883-ж/қ dated 2 December 2025, thereby unlawfully prejudicing T.A.B. as a result of his exercise of the right to file a complaint.

The Private Ruling of the Taldykorgan City Court dated 15 May 2026, which recorded violations of legality by the Police Department and the Department of the National Security Committee, was not annulled on appeal and entered into legal force.

The annulment of the judgment on the merits while the Private Ruling remained in force created an irreconcilable contradiction in law enforcement (Article 21 of the Civil Procedure Code of the Republic of Kazakhstan).

No cassation appeal had previously been filed with the Cassation Court for Civil Cases, and no such appeal had been returned.

Pursuant to Article 668 of the Tax Code of the Republic of Kazakhstan, the following persons are exempt from payment of state duty in courts:

“1) plaintiffs — in claims for recovery of remuneration for labor and other claims related to employment.”

Based on the foregoing, and pursuant to Articles 434, 435, 437, 438 and 441, and Subparagraph 2) of Part 2 of Article 451 of the Civil Procedure Code of the Republic of Kazakhstan,

I REQUEST THE COURT TO:

1. Annul the Ruling of the Civil Cases Judicial Panel of the Court of Zhetisu Region dated 20 August 2026 in civil case No. 3310-26-00-2/985.

2. Uphold the Judgment of the Taldykorgan City Court of Zhetisu Region dated 15 May 2026.

Attachments:

1. Judgment of the Taldykorgan City Court dated 15 May 2026;
2. Private Ruling of the Taldykorgan City Court dated 15 May 2026;
3. Ruling of the Civil Cases Judicial Panel of the Court of Zhetisu Region dated 20 August 2026;
4. Response of Deputy Prosecutor of Zhetisu Region I.S. Beskempirov dated 31 December 2025 No. 2-60-25-10190;
5. Response of the Department for Criminal-Procedural Control and Supervision of the Prosecutor General's Office of the Republic of Kazakhstan dated 11 December 2025 No. ЗТ-2025-04323978;
6. Rules for the Submission of Representations by the National Security Committee Bodies;
7. Submission of Investigator S.M. Sagatov of the Department of the National Security Committee for Zhetisu Region;
8. Ruling on termination of the pre-trial investigation;
9. Dismissal order dated 2 December 2025;
10. Order of the Ministry of Internal Affairs of the Republic of Kazakhstan No. 79 ж/қ dated 10 February 2026;
11. Order of the Police Department of Zhetisu Region No. 113 ж/қ dated 12 February 2026;
12. Notice of dismissal of T.A.B.;
13. Power of attorney, notices of representation, advocate certificates of G.T. Sarzhanov and S.D. Nigmetov, certificate of state registration of the legal entity.

Plaintiff: T.A.B.

Plaintiff's Representative:

Advocate G.T. Sarzhanov

7 September 2026

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