Complaint to the Department of Legal and Normative Coordination of the Ministry of Internal Affairs
To the Minister of Internal Affairs
of the Republic of Kazakhstan
Lieutenant General of Police
E.S. Sadenov
To the Head of the Department of Legal and Rule-Making
Coordination of the Ministry of Internal Affairs of the Republic of Kazakhstan
Colonel of Police
R.V. Zulkhairov
from Advocate Sarzhanov Galymzhan Turlybekovich
Advocacy Office “Zakon i Pravo”
BIN 201240021767
050002, Almaty, Almaly District,
79/71 Abylai Khan Ave., Office 304
Tel.: +7 708 578 57 58 / 8 727 971 78 58
in the interests of Ta A.B.
COMPLAINT
On 02.12.2025, by Order No. 883-zh/k of the Head of the Police Department of Zhetisu Region, Kusainov S.Z. (hereinafter – the Order), the operative officer of the Criminal Police Unit of the Panfilov District Police Department, Senior Lieutenant of Police Ta Ayaz Bakbergenuly, was dismissed from service in the internal affairs bodies of the Republic of Kazakhstan.
The said Order is unlawful on the following grounds.
A criminal case based on the statement of Dauletkeldi M.K., registered on 09.07.2025 in the Unified Register of Pre-Trial Investigations under No. 253300041000026, was under the proceedings of Investigator Sagatov S.M. of the Department of the National Security Committee for Zhetisu Region.
On 8 September 2025, Investigator Sagatov S.M. of the Department of the National Security Committee for Zhetisu Region, on the basis of subparagraph 2) of part 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, issued a resolution on termination of the pre-trial investigation in the criminal case registered in the Unified Register of Pre-Trial Investigations under No. 253300041000026, which was approved by Deputy Prosecutor of Zhetisu Region Beskempir I.S. on 12.09.2025.
Thus, the criminal case was terminated due to the absence of elements of a criminal offense in the act.
However, despite the termination of the criminal case, Investigator Sagatov S.M. of the Department of the National Security Committee for Zhetisu Region, on an unspecified date, unlawfully submitted a representation on elimination of the circumstances that contributed to the commission of a criminal offense and other violations of the law (hereinafter – the representation) pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan, which, without a date and outgoing number, was sent to the Internal Security Department of the Ministry of Internal Affairs of the Republic of Kazakhstan.
On 19.09.2025, the representation was received by the Internal Security Department of the Ministry of Internal Affairs of the Republic of Kazakhstan. Subsequently, the representation was forwarded to the Internal Security Directorate of the Police Department of Zhetisu Region for taking measures.
On the basis of the unlawfully submitted representation of Investigator Sagatov S.M. of the Department of the National Security Committee for Zhetisu Region, the Police Department of Zhetisu Region, on the basis of the Order on conducting an internal investigation dated 13.10.2025, conducted an internal investigation, following the results of which, on 16.10.2025, a conclusion was issued on dismissal of Ta A.B. from service in the internal affairs bodies of the Republic of Kazakhstan.
Subsequently, an Order was issued on dismissal of Ta A.B. from service in the internal affairs bodies of the Republic of Kazakhstan.
According to part 3 of Article 180 of the Criminal Procedure Code of the Republic of Kazakhstan, the procedure for accepting and registering a statement, notification or report on criminal offenses, as well as the procedure for maintaining the Unified Register of Pre-Trial Investigations, shall be determined by the Prosecutor General of the Republic of Kazakhstan.
According to paragraph 20 of the “Rules for Reception and Registration of Statements, Notifications or Reports on Criminal Offenses, as well as Maintenance of the Unified Register of Pre-Trial Investigations,” approved by Order No. 89 of the Prosecutor General of the Republic of Kazakhstan dated 19 September 2014 (hereinafter – the ERDR Rules):
Maintenance of the ERDR consists in filling in, by the official who made the decision, the relevant details of electronic information registration documents – forms (hereinafter – the form) for each action and decision in criminal proceedings, signed with an electronic digital signature in accordance with the Law of the Republic of Kazakhstan dated 7 January 2003 “On Electronic Document and Electronic Digital Signature,” and transmitted to the authorized body through the Unified Transport Environment of State Bodies.
According to paragraph 51 of the ERDR Rules: The accounting form for seized and destroyed narcotic drugs, psychotropic or poisonous substances, precursors (hereinafter – NPP), other material evidence in the case, confiscated property and accounting of representations in accordance with Appendix 16 to these Rules shall be completed upon seizure, transfer and destruction of material evidence, confiscation of property in a criminal case, as well as representations submitted pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan and the results of their consideration.
According to paragraph 53-1 of the ERDR Rules: The accuracy of filling in the details concerning representations submitted pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan and the results of their consideration, as well as information on confiscated property, shall be ensured by the person conducting the pre-trial investigation.
In addition to the above Rules and provisions of the Criminal Procedure Code of the Republic of Kazakhstan, employees of the national security bodies of the Republic of Kazakhstan are subject to the “Rules for Submission by the National Security Bodies of the Republic of Kazakhstan of Representations on Elimination of the Causes and Conditions Contributing to the Implementation of Threats to the Security of the Republic of Kazakhstan and the Commission of Criminal Offenses, the Investigation of Which is Assigned by the Legislation of the Republic of Kazakhstan to the Competence of the National Security Bodies,” approved by Order No. 20/қе of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 14 February 2024 (hereinafter – the Rules for Submission of Representations).
According to paragraph 6 of the Rules for Submission of Representations:
A representation on elimination of the causes and conditions contributing to the implementation of threats to the security of the Republic of Kazakhstan and the commission of criminal offenses, the investigation of which is assigned by the legislation of the Republic of Kazakhstan to the competence of the national security bodies, shall be drawn up in two copies. One copy of the representation on the official letterhead shall be handed to the addressee (a state body, military formation, unit, organization) against signature or sent by mail, while the other shall remain with the national security body of the Republic of Kazakhstan that submitted the representation.
According to Appendix 2 to the Rules for Submission of Representations, the representation shall contain:
- in the upper part of the representation, the name and address of the national security body submitting the representation;
- the name of the legal entity, details of its head, address and telephone number;
- date, number, city;
- the word “I REQUIRE”;
- the right to appeal the representation;
- a place for signature and seal, date and time of receipt.
The representation of Investigator Sagatov S.M. of the Department of the National Security Committee for Zhetisu Region does not comply with the form established in Appendix 2 to the Rules for Submission of Representations. There is an obvious gross violation by Investigator Sagatov S.M. of the requirements of the applicable legislation of the Republic of Kazakhstan.
According to the response of the Department of the Committee on Legal Statistics and Special Records of the Prosecutor General’s Office of the Republic of Kazakhstan for Zhetisu Region dated 11.12.2025, there is no information regarding the submission of representations in the criminal case registered in the Unified Register of Pre-Trial Investigations under No. 253300041000026.
According to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan, having established in the course of proceedings in a criminal case circumstances that contributed to the commission of a criminal offense, the person conducting the pre-trial investigation shall have the right to submit to the relevant state bodies, organizations or persons performing managerial functions therein a representation on taking measures to eliminate such circumstances or other violations of the law.
I believe that Investigator Sagatov S.M. of the Department of the National Security Committee for Zhetisu Region, having no authority to do so, submitted an unlawful representation “retroactively” to the Ministry of Internal Affairs of the Republic of Kazakhstan.
According to Article 34 of the Constitution of the Republic of Kazakhstan, everyone shall be obliged to comply with the Constitution and legislation of the Republic of Kazakhstan and respect the rights, freedoms, honor and dignity of other persons.
According to Article 57 of the Law “On Law Enforcement Service”:
19. A superior head shall have the right to cancel a disciplinary sanction imposed by a subordinate head if the previously imposed sanction does not correspond to the severity of the disciplinary misconduct committed.
20. A head who has exceeded the rights granted to him/her with regard to the application and imposition of disciplinary sanctions shall bear disciplinary responsibility for this, and orders imposing sanctions shall be cancelled by an official authorized to apply disciplinary measures.
21. An employee shall have the right to appeal a disciplinary sanction imposed on him/her to a superior body or to a court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Based on the foregoing, I REQUEST:
- to recognize as unlawful Order No. 318 of the Head of the Police Department of Zhetisu Region Kusainov S.Z. dated 13.10.2025 on conducting an internal investigation based on the representation of the Department of the National Security Committee concerning criminal case No. 253300041000026;
- to recognize as unlawful the Conclusion of the internal investigation dated 16.10.2025 concerning Ta Ayaz Bakbergenuly;
- to recognize as unlawful Order No. 883-zh/k of the Head of the Police Department of Zhetisu Region Kusainov S.Z. dated 02.12.2025 on dismissal from service in the internal affairs bodies of the Republic of Kazakhstan of the operative officer of the Criminal Police Unit of the Panfilov District Police Department, Senior Lieutenant of Police Ta Ayaz Bakbergenuly;
- to reinstate Ta Ayaz Bakbergenuly in service in the internal affairs bodies of the Republic of Kazakhstan.
Appendices: representation of Investigator Sagatov S.M. of the Department of the National Security Committee for Zhetisu Region, cover letter of the Department of the National Security Committee for Zhetisu Region, cover letter of the Internal Security Department of the Ministry of Internal Affairs of the Republic of Kazakhstan, cover letter of the Internal Security Directorate of the Police Department of Zhetisu Region, Order on conducting an internal investigation, Conclusion of the internal investigation, Order on dismissal of Ta A.B., letter of the Department of the Committee on Legal Statistics and Special Records of the Prosecutor General’s Office of the Republic of Kazakhstan for Zhetisu Region regarding the absence of the representation in the ERDR, resolution on termination of the criminal case, Rules for Submission of Representations by the National Security Bodies of the Republic of Kazakhstan in Russian and Kazakh languages, power of attorney, advocate’s certificate, notification of representation, certificate of state registration of the legal entity.
Advocate Sarzhanov G.T.
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