Concealment of information about criminal prosecution and criminal record upon admission to public service is grounds for dismissal of an employee.

A. appealed to the court with a claim to the State Institution "Fire Extinguishing and Emergency Rescue Service of the Department of Emergency Situations of the East Kazakhstan region" (hereinafter referred to as the State Institution SPiASR of the East Kazakhstan Region) for recognition of the dismissal order as illegal and reinstatement, stating that he did not conceal information about his criminal record. By the decision of the Ust-Kamenogorsk City Court of the East Kazakhstan region dated August 17, 2016, the claims were denied. By a decision of the judicial board for civil Cases of the East Kazakhstan Regional Court dated October 19, 2016, the decision of the court of first instance was overturned with a new decision on the satisfaction of claims in the case. It was decided: to recognize the order of the SPiASR Emergency Department of East Kazakhstan region dated April 27, 2016 No. 84 l/s as illegal; to reinstate A. as the head of the fire station of the village of Cheremshanka of the fire department No. 23 of the Glubokovsky district; to collect a state duty in the amount of 1,060 tenge from the SPiASR Emergency Department of East Kazakhstan region to the state revenue. The Judicial Board for Civil Cases of the Supreme Court overturned the decision of the appellate instances, leaving in force the judicial act of the court of First instance on the following grounds. It follows from the case file that A. worked as the head of the fire station in the village of Cheremshanka of the fire department No. 23 of the Glubokovsky district of the East Kazakhstan region. By Order of GU SPiASR of the Emergency Department of East Kazakhstan region dated April 27, 2016 No. 84 l/s A. He was dismissed from the fire service authorities in accordance with subparagraphs 15, 16 of paragraph 1 of Article 80 of the Law of the Republic of Kazakhstan "On Law Enforcement Service" for misconduct in the failure to provide or distort information specified in paragraph 2 of Article 6 of the Law of the Republic of Kazakhstan "On Law Enforcement Service", the fact of which was established by the disciplinary commission on the basis of the conclusion of an internal investigation. Refusal to satisfy the requirements of A. The court of first instance justified it by pointing out that according to paragraphs 2, 3 of Article 6 of the Law "On Law Enforcement Service", a person who has previously been convicted or released from criminal liability on non-rehabilitating grounds, as well as dismissed from public service, law enforcement agencies, courts and judicial authorities, cannot be accepted into law enforcement service..

Concealment of information about criminal prosecution and criminal record upon admission to public service is grounds for dismissal of an employee.

Having established that upon admission to the fire service authorities, A. had indeed concealed the fact of having a criminal record, the Ust-Kamenogorsk City Court found his dismissal justified. The court of appeal motivated the cancellation of the decision of the court of first instance by the fact that when A. joined the service, the Law "On Fire Safety" was in force, according to which failure to provide or distort information about a criminal record could not serve as a basis for dismissal. The judicial board of the regional court also indicated that at the time of joining the service, A. He could not be considered convicted, because according to part 1, subparagraph c) of Part 3 and Part 7 of Article 77 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), the cancellation or removal of a criminal record cancels all legal consequences related to a criminal record. In addition, in accordance with subparagraph 102) of paragraph 1 of Article 1 of the Law of the Republic of Kazakhstan dated January 18, 2011 No. 393-IV "On Amendments and additions to Certain Legislative Acts of the Republic of Kazakhstan on further humanization of criminal legislation and strengthening guarantees of legality in criminal proceedings," Article 223 of the Criminal Code was excluded from the Criminal Code due to its decriminalization, that is, the act committed by A. at the time of his dismissal was no longer recognized as a criminally punishable act. The Judicial Board of the Supreme Court considered the conclusions of the court of appeal, which formed the basis of the newly issued decision in the case, made without taking into account the circumstances actually established in the case and with the incorrect application of substantive law, which was the basis for the cancellation of the judicial act contested in the petition.

In accordance with Article 10-1 of the Law of the Republic of Kazakhstan dated December 29, 2003 No. 511 "On Fire Safety", employees of the state fire service who have been awarded special ranks are subject to the procedure for service, remuneration, awarding special ranks, medical and sanitary resort, pension provision, as well as social protection conditions and guarantees. established by the legislation of the Republic of Kazakhstan for employees of internal affairs bodies. According to paragraph 5 of the Regulation on the service of ordinary and commanding officers of the internal Affairs bodies of the Republic of Kazakhstan, approved by Resolution of the Government of the Republic of Kazakhstan dated December 27, 1996 No. 1644 (hereinafter referred to as the Regulation), a person who has previously been convicted or released from criminal liability on non–rehabilitating grounds, as well as dismissed, cannot be admitted to the internal affairs bodies. for negative reasons from the civil service, other law enforcement agencies, courts and judicial authorities. The specified norms of the Law "On Fire Safety" and the Regulations are consistent with the Law "On Law Enforcement Service". By Decree of the President of the Republic of Kazakhstan dated August 6, 2014, in order to modernize and improve the efficiency of the public administration system, optimize the state apparatus and form a compact Government, the Ministry of Emergency Situations of the Republic of Kazakhstan was reorganized with the transfer of its functions and powers to the Ministry of Internal Affairs of the Republic of Kazakhstan. In connection with the above, when taking disciplinary measures against A. A reasonable reference is made to the provisions of the Law "On Law Enforcement Service". As can be seen from the case file, the fire service authorities, together with the information center of the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan, conducted a reconciliation on criminal (corruption) crimes and administrative offenses, which on April 8, 2016 established that in 1999, in relation to A. A criminal case was initiated and by the verdict of the Ust-Kamenogorsk City Court of December 9, 1999, he was convicted of committing a crime under Article 223 of the Criminal Code to a fine of 3350 tenge. However, on January 26, 2005, when deciding on the admission of A. to the state fire service, he personally filled out a personnel registration sheet and stated his autobiography in writing, concealed the fact of criminal prosecution and criminal record, thereby violating the requirements of the above-mentioned Law "On Law Enforcement Service" and Regulations.  The court of appeal, when deciding on the case, left without a proper legal assessment the fact that A. was hired by the state fire service during the period of operation of the Law "On Law Enforcement Service" and the Regulations, and the reason for dismissal was the establishment of the fact that he concealed information about his criminal record upon joining the service, and therefore the repayment of the criminal record for a criminal act or the decriminalization of this act in the future did not matter. Taking into account the evidence examined in the case and the circumstances established on their basis, resolving the claim, the Ust-Kamenogorsk City Court, with the correct application of paragraphs 2, 3 of Article 6 of the Law "On Law Enforcement Service", recognized as lawful the order of the SPiASR Department of Emergency Situations of East Kazakhstan Region dated April 27, 2016 No. 84 l/s, which was issued based on the provisions of regulatory legal acts stating that an employee of the state fire service should strengthen the authority of state authorities by his actions and prevent the commission of actions capable of discrediting the civil service., to preserve and strengthen public confidence in the civil service, the State and its institutions. In these circumstances, the judicial board of the Supreme Court overturned the decision of the East Kazakhstan Regional Court in the case, restoring the decision of the court of first instance. 

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