Challenging the conclusions of an internal investigation
In order to implement the Law of the Republic of Kazakhstan dated November 23, 2015 "On the Civil Service of the Republic of Kazakhstan", Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 152 "On certain issues of civil service" approved the Rules for imposing disciplinary penalties on civil servants. According to these Rules, the procedure and time limits for conducting an internal investigation against administrative civil servants are defined. In accordance with article 46 of the Law of the Republic of Kazakhstan dated November 23, 2015 No. 416-V "On the Civil Service of the Republic of Kazakhstan", a civil servant must be familiar with all materials related to bringing him to disciplinary responsibility, and he is given the right to personally participate in the internal investigation procedure. Actions and decisions of a state body or official may be appealed by civil servants held accountable to higher management, to the authorized body or its territorial divisions, or to the court.
Challenging the conclusions of an internal investigation
Consequently, the conclusion of an internal investigation is not an employer's decision to impose disciplinary action. Therefore, along with other materials collected in the case, the conclusion is evidence, which, when resolving the issue of the validity of the employer's decision to impose disciplinary action, is subject to evaluation in conjunction with other evidence.
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