COMPLAINT TO THE MINISTER OF INTERNAL AFFAIRS ON RECOGNIZING THE ORDER OF THE HEAD OF THE POLICE DEPARTMENT AS ILLEGAL

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COMPLAINT TO THE MINISTER OF INTERNAL AFFAIRS ON RECOGNIZING THE ORDER OF THE HEAD OF THE POLICE DEPARTMENT AS ILLEGAL

4 October 2026

COMPLAINT TO THE MINISTER OF INTERNAL AFFAIRS ON RECOGNIZING THE ORDER OF THE HEAD OF THE POLICE DEPARTMENT AS ILLEGAL

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 Rulemaking
Coordination of the Ministry of Internal Affairs
of the Republic of Kazakhstan
Colonel of Police
R.V. Zulkha irov
from Attorney Sarzhanov Galymzhan Turlybekovich
Law Firm “Zakon i Pravo”
BIN 201240021767
050002, Almaty, Almaly District,
79/71 Abylai Khan Avenue,
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 A
COMPLAINT
On 02 December 2025, by Order No. 883-ж/қ of the Head of the Police Department of the Zhetisu Region, Kusainov S.Z. (hereinafter – the “Order”), the Head of the Criminal Police Division of the Panfilov District Police Department, Police Major B M A, was dismissed from service in the internal affairs bodies of the Republic of Kazakhstan.
The said Order is illegal on the following grounds.
A criminal case based on the statement of D M.K., registered on 09 July 2025 in the Unified Register of Pre-Trial Investigations under No. 253300041000026, was under investigation by Investigator Sagatov S.M. of the Department of the National Security Committee for the Zhetisu Region.
On 08 September 2025, Investigator Sagatov S.M. of the Department of the National Security Committee for the Zhetisu Region, pursuant to subparagraph 2) of part 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, issued a resolution terminating 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 the Zhetisu Region Beskemp irov I.S. on 12 September 2025.
Thus, the criminal case was terminated due to the absence of the 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 the Zhetisu Region, on an unspecified date, unlawfully issued a submission on eliminating the circumstances that contributed to the commission of a criminal offense and other violations of the law (hereinafter – the “Submission”) 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 Department of Internal Security of the Ministry of Internal Affairs of the Republic of Kazakhstan.
On 19 September 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 Internal Security Directorate of the Police Department of the Zhetisu Region for taking measures.
On the basis of the unlawfully issued Submission of Investigator Sagatov S.M. of the Department of the National Security Committee for the Zhetisu Region, the Police Department of the Zhetisu Region, pursuant to the Order on conducting an internal investigation dated 13 October 2025, conducted an internal investigation, following which, on 16 October 2025, a conclusion was issued on the dismissal of Ba M.A. from service in the internal affairs bodies of the Republic of Kazakhstan.
Subsequently, the above-mentioned Order on dismissal from service in the internal affairs bodies of the Republic of Kazakhstan was issued.
Pursuant to part 3 of Article 180 of the Criminal Procedure Code of the Republic of Kazakhstan, the procedure for accepting and registering a statement, report or memorandum 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.
Pursuant to paragraph 20 of the “Rules for the Acceptance and Registration of Statements, Reports or Memoranda on Criminal Offenses, as well as for Maintaining 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 “URPTI Rules”):
Maintaining the URPTI consists of the official who made the decision completing the relevant details of electronic information accounting documents – forms (hereinafter – the “form”) for each action and decision in criminal proceedings, signed with an electronic digital signature (EDS), 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.
Pursuant to paragraph 51 of the URPTI Rules: The accounting form for seized and destroyed narcotic drugs, psychotropic or poisonous substances, precursors (hereinafter – NPP), other material evidence in a case, confiscated property, and accounting of submissions in accordance with Appendix 16 to these Rules shall be completed upon the seizure, transfer and destruction of material evidence, confiscation of property in a criminal case, as well as submissions made pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan and the results of their consideration.
Pursuant to paragraph 53-1 of the URPTI Rules: The accuracy of completion of the details concerning submissions made pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan and the results of their consideration, as well as information concerning confiscated property, shall be ensured by the person conducting the pre-trial investigation.
In addition to the above-mentioned 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 Making Submissions by the National Security Bodies of the Republic of Kazakhstan on Eliminating 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 Making Submissions”).
Pursuant to paragraph 6 of the Rules for Making Submissions:
A submission on eliminating 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 submission on the official letterhead shall be delivered to the addressee (a state body, military formation, unit, organization) against signature or sent by mail, while the other copy shall remain with the national security body of the Republic of Kazakhstan that made the submission.
According to Appendix 2 to the Rules for Making Submissions, the submission must contain:
- in the upper part of the submission, the name and address of the national security body making the submission;
- 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 submission;
- a place for signature and seal, date and time of receipt.
The Submission of Investigator Sagatov S.M. of the Department of the National Security Committee for the Zhetisu Region does not comply with the form established in Appendix 2 to the Rules for Making Submissions. There has been a 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 General Prosecutor’s Office for the Zhetisu Region dated 11 December 2025, there is no information concerning the issuance of submissions in the criminal case registered in the Unified Register of Pre-Trial Investigations under No. 253300041000026.
Pursuant 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 submission 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 the Zhetisu Region, having no authority to do so, unlawfully submitted a Submission “retroactively” to the Ministry of Internal Affairs of the Republic of Kazakhstan.
Pursuant 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.
Pursuant to Article 57 of the Law “On Law Enforcement Service”:
A superior officer shall have the right to cancel a disciplinary sanction imposed by a subordinate officer if the previously imposed sanction does not correspond to the severity of the disciplinary offense committed.
A supervisor who has exceeded the rights granted to him/her to apply and impose disciplinary sanctions shall bear disciplinary liability for this, and orders imposing sanctions shall be cancelled by the official authorized to apply disciplinary measures.
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 the Zhetisu Region, Kusainov S.Z., dated 13 October 2025, on conducting an internal investigation based on the Submission 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 October 2025 concerning Ba M.A.;
to recognize as unlawful Order No. 883-ж/қ of the Head of the Police Department of the Zhetisu Region, Kusainov S.Z., dated 02 December 2025, on the dismissal from service in the internal affairs bodies of the Republic of Kazakhstan of the Head of the Criminal Police Division of the Panfilov District Police Department, Police Major Ba Ma Abilkassimovich;
to reinstate Ba Ma Abilkassimovich in service in the internal affairs bodies of the Republic of Kazakhstan.
Appendix:
the Submission of Investigator Sagatov S.M. of the Department of the National Security Committee for the Zhetisu Region, the cover letter of the Department of the National Security Committee for the Zhetisu Region, the cover letter of the Department of Internal Security of the Ministry of Internal Affairs of the Republic of Kazakhstan, the cover letter of the Internal Security Directorate of the Police Department of the Zhetisu Region, the Order on conducting an internal investigation, the Conclusion of the internal investigation, the Order on dismissal of Ba M.A., the letter of the Department of the Committee on Legal Statistics and Special Records of the General Prosecutor’s Office of the Republic of Kazakhstan for the Zhetisu Region concerning the absence of the Submission in the URPTI, the resolution on termination of the criminal case, the Rules for Making Submissions by the National Security Bodies of the Republic of Kazakhstan in Russian and Kazakh, the power of attorney, the attorney’s certificate, the notice of representation, the certificate of state registration of the legal entity.
Attorney Sarzhanov G.T.
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