Complaint to the Minister of Internal Affairs on recognizing illegal and terminating official investigations 

 

To the Minister of Internal Affairs of the Republic of Kazakhstan

to the police Lieutenant General

To E. Sadenov

 

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 M. R. Kozhageldiuly

 

 

 

complaint.

 

By the decision of the District Court No. 2 of Almaly district of Almaty dated June 18, 2025, the head of the Department of Investigation of road accidents of the Inquiry Department of the Almaty Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan, M.R.K., was reinstated. The decision has entered into force.

However, despite the judicial act that has taken place, which is binding on the territory of the Republic of Kazakhstan in accordance with paragraph 3 of Article 76 of the Constitution of the Republic of Kazakhstan, the Personnel Inspectorate of the Almaty City Police Department initiated an internal investigation against M.K.

The basis for conducting an internal investigation against M. R.K. was the fact that he was allegedly absent from work for three or more consecutive hours in one working day without a valid reason, since the open sheets on temporary disability of M.R.K. were canceled. However, the court has already given a legal assessment of these circumstances and in its decision the court stated that "The defendant's arguments that the temporary disability certificates, No. 1167370 dated 03/06/2025, No. 1167408 dated 03/11/2025 were opened in gross violation of the law and annulled, are not grounds for rejecting the claim, given that at the time of the issuance of the contested order, the defendant was not aware of the circumstances related to the plaintiff's appeals to a medical institution and his receipt of a temporary disability certificate.

In fact, the defendant first issued an order to dismiss the plaintiff from office, and only subsequently measures were taken to establish the circumstances of the legality/illegality of issuing a temporary disability certificate to the plaintiff."

Based on the above, I ask:

- to recognize as illegal and terminate the official investigation against M.R.K.;

- bring the perpetrators to justice for abuse of official authority.

Appendix: a copy of the decision of the Almaly District Court No. 2 of Almaty dated June 18, 2025, power of attorney, notification of representation, lawyer's certificate.

 

 

Lawyer                                                               Sarzhanov G.T.

                                                                            08/14/2025

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