Establishing a fact of legal significance

           Police Major M.A.K., worked in law enforcement agencies continuously for more than 16 years, and currently holds the position of senior district inspector of the Department of Internal Affairs of the city of Zhitikar and the district. After graduating from high school, he decided to link his fate with law enforcement service, and in 1996 I enrolled full-time at the Kostanay Higher School of the Ministry of Internal Affairs of the Republic of Kazakhstan, from which I graduated in 1998, grade 1, which corresponded to secondary special education. In 1998, he decided to continue his studies at the Kostanay Higher School of the Ministry of Internal Affairs of the Republic of Kazakhstan for higher education, however, due to health reasons, he was expelled in May 1999. When he applied to an educational institution to resume his course, he was refused and recommended to contact the Police Department of the city of Zhitikar and the Zhitikarinsky district for employment. On September 01, 1999, he was accepted into the State Institution "Police Department of the city of Zhitikar and the Zhitikarinsky district of the Police Department of the Kostanay region of the Ministry of Internal Affairs of the Republic of Kazakhstan" as an intern in the Investigative Department, where he served until December 30, 2000. For health reasons, he was fit to serve in law enforcement agencies.  Before the New Year, 2001, the management of the GOC of Zhitikar and the Zhitikarinsky district announced to me that the department's staff was full and I could not be recruited. After that, he got a job in civil organizations, and was hired in the OP. Gitikar and Gitikarinsky district in 2005. In the service record, for unknown reasons, this work experience in the OP of the city of Zhitikar and the Zhitikarinsky district as an intern is not indicated. In addition, at that time he did not have a work record. Subsequently, M.A.K. applied to the Police Department of the Kostanay region with an application for the issuance of supporting documents, however, there is no information that he completed an internship in the OP of the city of Zhitikar and the Zhitikarinsky district during the period from 09/01/1999 to 12/30/2000. This fact is confirmed by the response of the Kostanay region Police Department. The fact that M.A.K. completed an internship at the Investigative Department of the Police Department of Zhitikar and Zhitikarinsky district in the period from 09/01/1999 to 30.09.2000 can be confirmed by witnesses, namely pensioners of the Ministry of Internal Affairs of the Republic of Kazakhstan, at that time investigators of the OP of Zhitikar and Zhitikarinsky district K.M.K., A.A.K., L.S.F., as well as the head of the Probation Service of the Zhitikarinsky district, S.M.Zh., at that time the investigator of the detention center of the city of Zhitikar and the Zhitikarinsky district.

 

           I need to establish this legal fact, since in the future my work experience in the Police Department of the city of Zhitikar and the Zhitikarinsky district will affect the calculation of my total work experience upon retirement, as well as these circumstances affect my rights as a law enforcement officer provided for in Articles 15 and 41 of the Law of the Republic of Kazakhstan "On Law Enforcement Service", it will affect my financial situation after my dismissal from law enforcement agencies. According to art . 14 of the Law of the Republic of Kazakhstan "On Pension provision in the Republic of Kazakhstan": "The length of service in the absence of a work record or relevant entries in it is established on the basis of documents confirming information about the work or on the basis of a court decision ...". Currently, it is not possible to establish the fact of my work in the OP of the city of Zhitikar and the Zhitikarinsky district of the organization during the specified period of time in any other way than through a judicial procedure. Based on the above, guided by Articles 8, 9 of the Civil Code of the Republic of Kazakhstan, Articles 305-308 of the CPC of the Republic of Kazakhstan, the court was asked to: - establish the legal fact of M.A.K. Born on 18.10.1979, he worked as an investigator trainee in the Investigative Department of the State Institution "Police Department of the city of Zhitikar and the Zhitikarinsky district of the Police Department of the Kostanay region of the Ministry of Internal Affairs of the Republic of Kazakhstan" from September 1, 1999 to December 30, 2000. - to summon to the court session for questioning as witnesses K.M.K., address: g. Zhitikara, ..., cell. tel. 87754..., A.A.K., address: g. Zhitikara, ..., cell. tel. 87754436216, L.S.F., address: g. Zh., .., cell. tel.  8777..., S.M.Zh., place of work: Probation Service of the Zhitikarinsky district, g. Zhitikara, ..., cell phone number 8705.... We will ensure the appearance of witnesses. On November 29, 2021, the city of Zhitikara, the Zhitikarinsky District Court of the Kostanay region, consisting of: the presiding judge, V.V. Yushchenko, with the secretary of the court session, D. Adambayeva, considered in open court a civil case at the request of the IAC Interested person: The State Department of Police of the Kostanay region of the Ministry of Internal Affairs of the Republic of Kazakhstan, the APPLICANT'S REQUIREMENTS: to establish the fact of employment. Based on the above, the court considers that the stated claims have been fully confirmed, both by the testimony of witnesses and by the documents submitted. According to information from the Department of Internal Affairs of Kostanay region, archival data on personnel work has not been received for storage and the applicant has no other way to confirm this fact except at a court hearing, giving him the right to issue a retirement pension. Based on the above and guided by Articles 222-226, 309 of the CPC RK, the court DECIDED: To satisfy M.A.K.'s application in full. Install M.A.K. fact of employment: intern of the police department of the Gitikarinsky district in the period from September 1, 1999 to December 30, 2000.

#Lawyer #Lawyer #Legal service #Defense Company #Law Firm #Civil #Criminal #Administrative #Arbitration cases disputes #Almaty #Kazakhstan Lawyer Lawyer Legal service Civil Criminal Administrative Arbitration Cases disputes Defense Company Law Firm Almaty Kazakhstan 

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases