Challenging the conclusions of the internal investigation, decisions of disciplinary commissions and decisions of the Ethics Council
Challenging the conclusions of the internal investigation, decisions of disciplinary commissions and decisions of the Ethics Council All the listed acts contain, as a rule, recommendations on bringing civil servants or law enforcement officers to disciplinary responsibility.
The final decision is made by the head, by issuing an order. Therefore, claims for challenging these acts containing recommendations are not subject to consideration in civil proceedings.Contained in subparagraph 3) of paragraph 6 of Article 58 of the Law
"On Law Enforcement Service" the employee's right to appeal decisions and actions (inaction) for employees conducting an internal investigation, the head or authorized head of the law enforcement agency who made the decision to conduct an internal investigation does not mean that the conclusion of the internal investigation itself can be appealed in court.
By a decision of the cassation instance dated February 14, 2023, the decision of the Bulandyn District Court of the Akmola region dated August 3, 2022 and the decision of the judicial board for civil cases of the Akmola Regional Court dated October 19, 2022 were canceled with a new decision in the case.
T.'s claim to the akim of the district for recognition as illegal and cancellation of the order has been satisfied.
Regarding the requirement to declare the decision of the disciplinary commission illegal, the proceedings have been terminated.
Terminating the proceedings in the case, the board indicated that, according to paragraphs 68, 72 of the Rules for Imposing Disciplinary Action on Civil Servants, the decision of the disciplinary commission on the application of disciplinary measures against a civil servant is advisory in nature, and is referred to the person with the authority to impose disciplinary action, respectively, the decision of the disciplinary commission itself is not created for the person in respect of which it is adopted, it does not impose any rights or obligations. Therefore, the actions and decisions of the disciplinary commission are not subject to separate judicial challenge.
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