Complaint to the Minister of Internal Affairs about the recognition of the illegal order of the Head of the Police Department
To the Minister of Internal Affairs
Republic of Kazakhstan
to the police Lieutenant General
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
to the police colonel
To R.V. Zulkhairov
from lawyer Galymzhan Turlybekovich Sarzhanov
Law and Law Law Firm
BIN 201240021767
050002, Almaty, Almaly district,
79/71 Abylai Khan Ave., office 304
info@zakonpravo.kz
www.zakonpravo.kz
tel.: +7 708 578 57 58 / 8 727 971 78 58
in the interests of Ba Ma Abilkasimovich
complaint.
On 02.12.2025, by Order of the head of the Police Department for the Zhetisu region, S.Z. Kusainov, No. 883-w/k (hereinafter referred to as the Order), the head of the Criminal Police Department of the Panfilovsky District Police Department, Police Major B. M. Abilkasimovich, was dismissed from service in the internal affairs bodies of the Republic of Kazakhstan.
The specified order is illegal on the following grounds.
In the proceedings of the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., there was a criminal case on the application of Dauletkeldi M.K., registered on 07/09/2025 in the Unified Register of Pre-Trial Investigations for No. 253300041000026,
On September 8, 2025, the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., based on paragraph 2 of part 1 of Article 35 of the CPC of the Republic of Kazakhstan, issued a resolution to terminate the pre-trial investigation in a criminal case registered in the Unified Register of Pre-Trial Investigations for No. 253300041000026, approved by the Deputy prosecutor of the Zhetisu region, Beskempirov I.S. on September 12, 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, the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., on an unspecified date, illegally submitted a submission to eliminate the circumstances that contributed to the commission of a criminal offense and other violations of the law (hereinafter referred to as the submission) in accordance with art. 200 of the Criminal Procedure Code of the Republic of Kazakhstan, which was sent without date and outgoing number to the Department of Internal Security of the Ministry of Internal Affairs RK.
On 09/19/2025, the submission was received by the Department of Internal Security of the Ministry of Internal Affairs of the Republic of Kazakhstan. Subsequently, the submission was forwarded to the Department of Internal Security of the Zhetisu Regional Police Department for action.
On the basis of an illegally submitted submission by the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., the Zhetisu Police Department conducted an internal investigation on the basis of an order to conduct an internal investigation dated 10/13/2025, which resulted in a conclusion on the dismissal of Ba M.A. from service in the internal affairs bodies of the Republic of Kazakhstan on 10/16/2025.
Subsequently, the above-mentioned order on dismissal from service in the internal affairs bodies of the Republic of Kazakhstan was issued.
According to Part 3 of Article 180 of the CPC of the Republic of Kazakhstan, the procedure for receiving and registering applications, reports or reports on criminal offenses, as well as the procedure for maintaining a Unified Register of pre-trial Investigations are determined by the Prosecutor General of the Republic of Kazakhstan.
According to paragraph 20 of the "Rules for Receiving and registering applications, reports or reports on criminal offenses, as well as maintaining a Unified Register of Pre-trial Investigations" approved by Order of the Prosecutor General of the Republic of Kazakhstan dated September 19, 2014 No. 89 (hereinafter referred to as the Rules of the ERDR):
The management of the ERDR consists in filling in the relevant details of electronic information accounting documents - forms (hereinafter referred to as the form) for each action and decision on criminal proceedings, signed by the EDS, in accordance with the Law of the Republic of Kazakhstan dated January 7, 2003 "On electronic document and electronic Digital Signature", submitted to the authorized body. an agency through a unified transport Environment of government agencies.
According to paragraph 51 of the Rules of the ERDR: The registration form for seized and destroyed narcotic drugs, psychotropic or poisonous substances, precursors (hereinafter referred to as NPP), other material evidence in the case, confiscated property and registration of submissions in accordance with Annex 16 to these Rules is filled out during the seizure, transfer and destruction of material evidence, confiscation of property in a criminal case, and also, the submissions made in accordance with Article 200 of the CPC of the Republic of Kazakhstan and the results of their consideration.
According to paragraphs 53-1 of the Rules of the ERDR: The accuracy of filling in the details of the submissions made in accordance with Article 200 of the CPC of the Republic of Kazakhstan and the results of their consideration, as well as information on confiscated property, is provided by the person conducting the pre-trial investigation.
In addition to the above-mentioned Rules and Norms of the CPC of the Republic of Kazakhstan, employees of the national security bodies of the Republic of Kazakhstan are subject to the "Rules for making submissions by the national security bodies of the Republic of Kazakhstan on eliminating the causes and conditions conducive to the implementation of threats to the security of the Republic of Kazakhstan, the commission of criminal offenses, the investigation of which is attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of the national security bodies", approved by the Order of the Chairman of the National Security Committee Security Council of the Republic of Kazakhstan dated February 14, 2024 No. 20/ke (hereinafter referred to as – Rules for making submissions).
According to paragraph 6 of the Submission Rules:
The idea of eliminating the causes and conditions contributing to the realization of threats to the security of the Republic of Kazakhstan, the commission of criminal offenses, the investigation of which is attributed by the legislation of the Republic of Kazakhstan to the jurisdiction of the national security authorities, is drawn up in two copies. One copy of the submission on the official letterhead is given to the addressee (state body, military formation, unit, organization) it is signed or sent by mail, and the other is located in the national security body of the Republic of Kazakhstan, which submitted the submission.
According to Appendix 2 to the Rules for Making Submissions, submissions must include:
- in the upper part of the submission, the name and address of the national security agency making the submission;
- name of the legal entity, details of its head, address and phone number;
- date, number, city;
- the word "Demand";
- the right to appeal a submission;
- place for signature and seal, date and time of receipt.
The submission of the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., does not comply with the form set out in Appendix 2 to the Rules for Making Submissions. There is a gross violation by investigator Sagatov S.M. of the requirements of the current legislation of the Republic of Kazakhstan.
According to the response of the Department of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Zhetisu region dated 11.12.2025, there is no information on making submissions on a criminal case registered in the Unified Register of Pre-Trial Investigations No. 253300041000026.
According to article 200 of the Criminal Procedure Code of the Republic of Kazakhstan, having established the circumstances that contributed to the commission of a criminal offense during the criminal case, the person conducting the pre-trial investigation has the right to submit to the relevant state bodies, organizations or persons performing managerial functions in them an idea of taking measures to eliminate these circumstances or other violations of the law.
I believe that the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., without having the authority to do so, "retroactively" made an illegal submission to the Ministry of Internal Affairs of the Republic of Kazakhstan.
According to article 34 of the Constitution of the Republic of Kazakhstan, everyone is obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, to respect the rights, freedoms, honor and dignity of others.
According to article 57 of the Law "On Law Enforcement Service":
19. A superior supervisor has the right to cancel a disciplinary penalty imposed by a subordinate supervisor if the previously announced penalty does not correspond to the severity of the committed disciplinary offense.
20. A supervisor who has exceeded the rights granted to him to apply or impose disciplinary penalties is responsible for this, and orders for penalties are revoked by an official authorized to apply penalties.
21. An employee has the right to appeal a disciplinary penalty imposed on him to a higher authority or court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Based on the above, I ask:
- to recognize as illegal the Order of the head of the Regional Police Department Zhetisu Kusainov S.Z. No. 318 dated 10/13/2025 on conducting an internal investigation on the recommendation of the Department of the National Security Committee in criminal case No. 253300041000026;
- to recognize as illegal the Conclusion of the official investigation of 16.10.2025 in relation to Ba Ma Abilkasimovich;
- to recognize as illegal the Order of the head of the Police Department for the region Zhetisu Kusainov S.Z. dated 02.12.2025 for No. 883-zh/k on dismissal from service in the internal affairs bodies of the Republic of Kazakhstan, the head of the Criminal Police Department of the Panfilovsky district Police Department, Police Major Ba Ma Abilkasimovich;
- reinstate Ba Ma Abilkasimovich to work in the internal affairs bodies of the Republic of Kazakhstan.
Appendix: submission of the investigator of the National Security Committee for the Zhetisu region, Sagatov S.M., cover letter from the National Security Committee for the Zhetisu region, cover letter from the Department of Internal Security of the Ministry of Internal Affairs of the Republic of Kazakhstan, cover letter from the Department of Internal Security of the Zhetisu region, order to conduct an internal investigation, conclusion of an internal investigation, order to dismiss Ba M.A., letter from the Department of the Committee of Legal Statistics and Special records of the General Prosecutor's Office of the Republic of Kazakhstan for the Zhetisu region on the absence of a submission to the ERDR, a resolution on the termination of the criminal case, Rules for making submissions by the national security authorities of the Republic of Kazakhstan in Russian and Kazakh, power of attorney, attorney's certificate, notification of representation, certificate of state registration of a legal entity.
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