Pre-trial complaint Police Department

Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.

State Institution "Almaty City Police Department"

Ministry of Internal Affairs of the Republic of Kazakhstan"

BIN 990540002107 Almaty, Almalinsky district, ul. Masnchi, 57 A.

from: Mirzageldiyev Batyrbek Yerkinbekuly

IIN: 831121301903 phone: 8 700 088 00 01.

Proxy Representative: T

NGO "Law and Law Law Company"

represented by the CEO

Sarzhanov Galymzhan Turlybekovich

IIN: 79/71 Abylai Khan str., Almaty, 850722301036,

office No.304. info@zakonpravo.kz phone: 8 708 578 57 58.

Pre-trial claim

 Earlier, the Almaty City Police Department (hereinafter referred to as the DP of Almaty) wrote №________________ On November __, 20__, Police Major ________ was seconded from the Shymkent City Police Department (Shymkent City Police Department).________, who previously held the position of Deputy head of the Al-Farabi district Department of the Shymkent City Police Department. Further, based on the letter №________________ Dated November 22, 2019, Almaty City Police Department, Police Major ________________ for promotion to law enforcement agencies by Order no. ________________ from __ December 20__ of the year DP Shymkent was relieved of his post to be placed at the disposal of the Almaty City Police Department.

Pre-trial complaint Police Department

Then, according to the above order, the police major ________________, In order to fulfill his official duties, he went to the city of Almaty to fill vacant positions in the Almaty city Police Department. But upon arrival ________________, Personnel officers of the Almaty city Police Department are still unable to appoint a seconded police major. ________________ To make matters worse, more than 6 months have passed since the issuance of the above-mentioned order and today ________________, not appointed to the position. Article 22 of the Labor Code of the Republic of Kazakhstan provides for the rights of an employee, where he may require the Employer to comply with the terms of the employer's acts; receive complete and reliable information on the state of working conditions and labor protection; timely and full payment of wages in accordance with the terms of labor and collective agreements; pay for downtime in accordance with this Code.

Police Major ________________, If he served in the former position of Deputy Head of the Al-Farabi Police Department of the Shymkent city Police Department, he was to receive the rank of police lieutenant colonel in April 2020. However, due to the failure to obtain a position, the positions of the Almaty city police department, which lasted for more than 6 months, were overdue for the timely receipt of a military rank by a police lieutenant colonel. Which, of course, directly contradicts article 3. The Labor Code of the Republic of Kazakhstan, where the purpose of the labor legislation of the Republic of Kazakhstan is the legal regulation of labor relations and other relations directly related to labor, aimed at protecting the rights and interests of the parties to labor relations, establishing minimum guarantees of rights and freedoms at work. In turn, the DP of Almaty answered the oral question why is the police officer ________________, Still not appointed to the post, Police Major Aynur gave an oral explanation.: That the Police Department of Only the police major's personal file was requested in Almaty. ________________, for consideration according to his qualifications, rank, seniority, work experience for appointment to a vacant position. Thus, in pursuance of the instructions of the DP of Almaty, the DP ofShymkent should have sent only a personal file of a police officer. ________________

The place of this was sent by the staff of the Shymkent DP with a personal file. ________________, but the police officer himself was unlawfully deprived of his position. According to paragraphs 1 and 2 of Article 24 of the Constitution of the Republic of Kazakhstan, everyone has the right to freedom of work, free choice of occupation and profession, and to working conditions that meet safety and hygiene requirements, to remuneration for work without discrimination, as well as to social protection from unemployment. Due to the unskilled actions of the personnel service staff of the DP of Almaty and DP of Shymkent, police Major ________________, He has not been able to get a position for more than six months, besides, he is without means of subsistence without receiving a salary.

The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 9 On certain issues of the application of Legislation by Courts in the Resolution of labor disputes stipulates that a change in the working conditions of an employee is allowed if he continues to work in accordance with his specialty, position or profession, appropriate qualifications. Thus, the major of the police was injured. ________________, not only moral damage, but also material damage, irreparable damage was done to the image of an excellent police officer. In accordance with the Air Defense System of the Republic of Kazakhstan On Law Enforcement service, Article 30 provides for the conditions for the transfer of ordinary and junior officers to higher positions in the order of promotion; to equivalent positions - with the consent of these persons, if necessary, to fill other positions or for more appropriate use, taking into account business and personal qualities, training for a new specialty, as well as for family circumstances, health status, or age. If it is necessary to transfer middle, senior and senior management personnel to other positions, as well as to another locality, the decision on this is made with their consent by the relevant authorized managers, taking into account the training and service experience of these persons, as well as the absence of contraindications for health reasons for them and their family members. The decision on the transfer of rank-and-file and commanding officers is made by order of the head of the law enforcement agency or an authorized head, indicating the grounds for the transfer.

Pre-trial complaint Police Department

Persons of middle, senior and senior management who have been reassigned are subject to secondment to a new duty station after handing over their cases, but no later than one month from the date of receipt of the order, except in cases when these persons are on paid annual leave or on medical treatment. Article 46-1 of the Air Defense System stipulates that in order to resolve the issue of further law enforcement service, employees may be placed at the disposal of a law enforcement agency with dismissal from their posts in accordance with the procedure and on the grounds provided for in this article. The grounds for placing an employee at the disposal of a law enforcement agency are: the employee's application with a report on dismissal from his position and remaining at the disposal of a law enforcement agency at his own request; The employee's dismissal from his position and placement at the disposal of a law enforcement agency are carried out on the basis of an order from the head of the law enforcement agency or an authorized head for a period not exceeding fifteen calendar days.

In exceptional cases caused by special circumstances, this period may be extended by the head of the law enforcement agency for up to two months. An employee placed at the disposal of a law enforcement agency retains the salary for the last position. Employees who have been dismissed from their positions and are at the disposal of a law enforcement agency, who have not used their salary, are paid in the amount received for their main position by the day they are placed at the disposal of the law enforcement agency, regardless of the length of their stay at the disposal.

The head of a law enforcement agency or an authorized head is obliged to offer a position in writing to an employee at the disposal of the law enforcement agency in compliance with the requirements of this article. When appointing an employee at the disposal of a law enforcement agency, his qualifications, rank, qualification class, seniority, work experience, and previous position must be taken into account. Based on the above, in these circumstances, we ask that you:

Appoint a police major ________________, for an equivalent position in the DP of the city of Almaty;

To restore the missed deadline for obtaining the special military rank of police lieutenant colonel;

Provide a copy of the document that served as the basis for sending the letter for the outgoing №________________ dated November __, 20__, from the city of Almaty and a copy of this letter.

 We suggest that you voluntarily comply with our requirements, or we will have to apply to the Ministry of Internal Affairs of the Republic of Kazakhstan and or the supervisory and judicial authorities in accordance with the legislation of the Republic of Kazakhstan. 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim and the court leaves the statement of claim without consideration if the plaintiff has not complied with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure has not been lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope that our further cooperation with you will continue on mutually beneficial and mutually acceptable terms.

Yours sincerely,, _____________/ ________________ "___" _____________2020 the year

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