Disciplinary offenses and penalties
According to subparagraph 15) of Article 1 of the Law "On Law Enforcement Service", a disciplinary offense is an unlawful, culpable failure or improper performance by an employee of the duties assigned to him, abuse of official authority, violation of official and labor discipline, violation of the Code of Honor of Civil Servants of the Republic of Kazakhstan (Rules of Official Ethics of civil servants) or codes of honor (rules of official ethics, active in law enforcement agencies), as well as non-compliance with the established restrictions related to staying in law enforcement service.
In accordance with paragraph 2 of article 56 of the Law, the following types of penalties may be imposed on employees for non-performance or improper performance of official duties: remark; reprimand; severe reprimand; warning of incomplete official compliance; dismissal from office; demotion in a special rank or class rank by one step; dismissal from a law enforcement agency.
According to paragraph 3 of article 57 of the Law "On Law Enforcement Service", when an employee commits a disciplinary offense, a written explanation is required from him. If the employee agrees in a written explanation with the fact that he committed this disciplinary offense, the head of the law enforcement agency or an authorized head has the right to impose a penalty without conducting an internal investigation.
If an employee does not agree in his written explanation with the fact that he committed a disciplinary offense, then an internal investigation should be conducted by order of the head of the law enforcement agency or an authorized head.
The Law contains a mandatory requirement that penalties such as a warning about incomplete official compliance, dismissal from office and dismissal may be imposed only based on the results of an internal investigation and the relevant recommendations of the disciplinary commission.
It should be noted that the earlier version of paragraph 4 of Article 57 of the Law "On Law Enforcement Service" allowed for the possibility of imposing penalties such as a warning about incomplete official compliance and dismissal from office based on a decision of the board or an operational meeting with the first head of the law enforcement agency.
After the amendments were introduced by Law No. 136-VII, paragraph 4 of Article 57 of the Law is worded as follows: "Punishment in the form of a warning about incomplete official compliance, dismissal from office, dismissal and expulsion from the organization of law enforcement education is imposed based on the results of an internal investigation and the relevant recommendations of the disciplinary commission.
A penalty in the form of a warning about incomplete official compliance, dismissal from office may be imposed without conducting an official investigation and relevant recommendations of the disciplinary commission based on a decision of the board or an operational meeting with the first head of the law enforcement agency and the presence of a written explanation of the employee's agreement with the fact of his disciplinary misconduct, as well as materials confirming a full and objective determination of the circumstances his commission."
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