On bringing to disciplinary responsibility for inaction
Shymkent, Police Department
To the head of the Investigation Department of the Turan District Police Department
SDTBT: on the case No. 267914031000483.
Applicant: Kraidaralievna
IIN:....
Shymkent city,..... home resident.
Representative by power of attorney:
Legal office" law and law"
Bin 201240021767.
Lawyer Sarzhanov Galymzhan Turlybekovich
Republic of Kazakhstan, 050002, Almaty,
Almaly district, abylai Khana Ave., house 79/71, office 304.
info@zakonpravo.kz www.zakonpravo.kz
Tel.: +7 708 971 78 58 / 8 727 971 78 58.
Complaint
the investigator A. A. Sagyndyk took part in the inaction
Currently, a pre-trial investigation is being conducted against Ashdilmuratovna under Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan on the basis of the statement of Ka R Aidaralievna. This criminal case is registered in the Unified Register of pre-trial investigations (hereinafter referred to as SDTBT) No. 267914031000483.
Within the framework of this criminal case, on March 30, 2026, an application for obtaining video surveillance records from the administration of the Zhibek Zholy market from the ra ka was sent to the Turan District Police Department of the Shymkent City Police Department and registered in the E-Application Information System under the number ZT-2026-01322193.
In accordance with Part 4 of Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, the petition is subject to consideration and resolution as soon as it is submitted, and if it cannot be resolved immediately, it must be resolved no later than three days later.
However, despite the fact that these deadlines have expired, to date, investigator Sagyndyk A. A. has not made a procedural decision on this petition, nor has an answer been given on the results of consideration of the petition.
This, in turn, means the inaction of the investigator, the failure to perform full, comprehensive and objective investigative duties in a criminal case.
At the same time, taking into account the fact that the videos specified in the petition are stored for a limited period of time, the inaction of the investigator can lead to the loss of important evidence, which seriously interferes with establishing the truth in the criminal case.
In accordance with Part 1 of Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Procedure Code), complaints against actions (omissions) and decisions of persons carrying out pre-trial Investigation, filed by persons protecting their rights and interests or the rights and interests represented by them, shall be submitted to the head of the investigation department, the head of the inquiry body, the prosecutor, the court.
And Part 2 of this article provides for the following: the prosecutor, the head of the investigation department, the head of the inquiry body within seven days from the moment of receipt of the complaint must consider it and notify the person who filed the complaint about the decision made.
The head of the investigation department, the head of the inquiry body and the prosecutor authorized to consider complaints in accordance with Article 105 of the CPC in accordance with Part 21 of the instruction on the procedure for considering procedural decisions and actions (omissions) of officials conducting proceedings in a criminal case (hereinafter referred to as the instruction) are obliged, within the limits of their powers, to immediately take measures to restore the violated rights and legitimate interests of participants in criminal proceedings, as well as other individuals or legal entities.
In accordance with Part 24 of the instructions, the issue of liability of guilty officials is considered simultaneously on satisfied complaints considered in accordance with Article 105 of the CPC, as well as considered by a higher official.
In accordance with the paragraphs of Part 2 of Article 59 of the CPC, the head of the investigation department:
1) to entrust the investigator with conducting an investigation or an accelerated pre-trial investigation;
2) exercise control over the timeliness of the investigator's performance of investigative actions in cases of his own proceedings, compliance by the investigator with the terms of Investigation and detention, execution of instructions of the prosecutor, instructions of other investigators;
10) consideration of complaints about the actions (omissions) and decisions of the investigator.
Guided by articles 59 and 105 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ASK YOU:
* Prompt receipt, consideration and registration of video surveillance recordings on the territory of the Zhibek Zholy market, which are important evidence for a criminal case, must be entrusted to the investigator Sagyndyk A. A.;
* Bringing to disciplinary responsibility of the Turan district PB of the Shymkent City PD for the inaction of the investigator A. A. Sagyndykty of the TB.
With respect,
Representative / lawyer by proxy: G. T. Sarzhanov
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