STATEMENT OF CLAIM FOR DECLARING THE ORDER IMPOSING A DISCIPLINARY SANCTION UNLAWFUL AND REINSTATEMENT
To the No. 2 Almalinsky District Courtof Almaty
267 Tole Bi Street, Almaty
Plaintiff: TNM
IIN ....
Almaty, Auezov District, Sh....-2 Microdistrict, .... Street, Building 98
Tel. (WhatsApp): 8707....
Representatives: Attorney-at-Law Galymzhan Turlybekovich Sarzhanov
Law Firm “Zakon i Pravo”
BIN 201240021767
79/71 Abylai Khan Avenue, Office 304, Almaty
Tel. (WhatsApp): 87085785758
Attorney-at-Law Sabit Dauletovich Nigmetov
IIN 820125350700
79/71 Abylai Khan Avenue, Office 304, Almaty
Tel. (WhatsApp): 87009785755, 87054628284
Defendant: State Institution“Department of Police of the City
of Almaty of the Ministryof Internal Affairs of the Republic of Kazakhstan”
BIN 990540002107
57A Masanchi Street, Almaty
Tel.: 8 (727) 254-41-95, 8 (727) 267-49-19
STATEMENT OF CLAIM FOR DECLARING THE ORDER IMPOSING A DISCIPLINARY SANCTION UNLAWFUL AND REINSTATEMENT
I, TNM, entered service with the internal affairs bodies of the Republic of Kazakhstan on 29 May 2015.
During my service, I attained the rank of Police Captain and held the position of Senior Inspector of the Service of Line Units of the Patrol Police Regiment of the Department of Police of the City of Almaty of the Ministry of Internal Affairs of the Republic of Kazakhstan.
Based on the decision of the Disciplinary Commission dated 12 May 2026 No. 28, by Order of the Department of Police of the City of Almaty dated 12 May 2026 No. 473 ж/қ, pursuant to subparagraph 12) of paragraph 1 of Article 80 of the Law of the Republic of Kazakhstan “On Law Enforcement Service” (hereinafter referred to as the “Law”), I was dismissed from the internal affairs bodies.
I consider the said order unlawful and unfounded for the following reasons.
Pursuant to paragraph 2 of Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated 28 November 2024 “On Certain Issues of Application by Courts of Legislation in Resolving Labour Disputes,” if the working conditions of certain categories of employees regulated by other regulatory legal and other acts worsen the position of such employees as compared with the conditions provided for by the Labour Code, the latter shall apply when resolving a labour dispute, taking into account the provisions of paragraph 4 of Article 8 of the Labour Code.
Paragraph 4 of Article 8 of the Labour Code of the Republic of Kazakhstan provides: “The laws of the Republic of Kazakhstan shall not reduce the level of rights, freedoms and guarantees established by this Code.”
Pursuant to Article 64 of the Labour Code of the Republic of Kazakhstan:
Disciplinary sanctions
For committing a disciplinary offence, an employer or, in cases provided for by the laws of the Republic of Kazakhstan, the first head of a national management holding company may impose the following types of disciplinary sanctions:
1) warning;
2) reprimand;
3) severe reprimand;
4) termination of the employment contract at the initiative of the employer on the grounds provided for by subparagraphs 8), 9), 10), 11), 12), 14), 15), 16), 17) and 18) of paragraph 1 of Article 52 of this Code.
Thus, the Defendant grossly violated the requirements of the Labour Code of the Republic of Kazakhstan, since a sanction in the form of “dismissal from the internal affairs bodies,” which is not provided for by the Labour Code of the Republic of Kazakhstan, was imposed on me.
According to paragraph 29 of Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated 28 November 2024 “On Certain Issues of Application by Courts of Legislation in Resolving Labour Disputes,” when considering applications challenging employers’ orders imposing disciplinary liability on employees, it should be taken into account that a violation of labour discipline constitutes the guilty failure by an employee to perform, or improper performance of, his or her assigned employment duties (violation of labour regulations, job descriptions and provisions, employer’s orders, technical rules, etc.).
I was not provided with the text of the order dismissing me from the internal affairs bodies and was only provided with a dismissal notice, which contained nothing other than the date, order number and reference to the relevant Article of the Law. The employer did not specify which particular rules, instructions or provisions had been violated by me, thereby failing to comply with the above requirements of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan.
Pursuant to subparagraphs 30), 75) and 76) of paragraph 1 of Article 1 of the Labour Code of the Republic of Kazakhstan:
– labour discipline means the proper performance by the employer and employees of obligations established by regulatory legal acts of the Republic of Kazakhstan, as well as agreements, employment and collective agreements, employer’s acts and constituent documents;
– disciplinary sanction means a disciplinary measure imposed on an employee by the employer or, in cases provided for by the laws of the Republic of Kazakhstan, by the first head of a national management holding company for committing a disciplinary offence;
– disciplinary offence means an unlawful and culpable failure by an employee to perform, or improper performance of, his or her employment duties, as well as a violation of labour discipline.
Thus, the legislature has imposed an obligation to comply with the requirements of the legislation of the Republic of Kazakhstan not only on the employee but also on the employer. However, in the present dispute, this obligation was not fulfilled by the employer.
Furthermore, pursuant to subparagraph 12) of paragraph 1 of Article 80 of the Law of the Republic of Kazakhstan, employees may be dismissed for a gross violation of service discipline.
Pursuant to Article 56 of the Law, for failure to perform or improper performance of official duties, the following types of disciplinary sanctions may be imposed on employees:
warning;
reprimand;
severe reprimand;
warning of incomplete official compliance;
removal from the position held;
demotion by one level in special rank or class rank;
dismissal from a law enforcement body;
dismissal from a law enforcement body with deprivation of honorary titles and badges conferred or awarded by the heads of the law enforcement body or authorized heads;
dismissal from a law enforcement body with deprivation of special rank or class rank.
The disciplinary sanction provided for by subparagraph 9) of this paragraph shall be applied when an employee is dismissed on negative grounds provided for by subparagraphs 13) and 14) of paragraph 1 of Article 80 of this Law.
Pursuant to Article 57 of the Law, when imposing a disciplinary sanction and determining its type, the following criteria shall be taken into account:
the content and nature of the offence committed;
the gravity and circumstances of the offence committed;
information characterizing the employee and his or her attitude towards service;
the motive and degree of the employee’s guilt (intentional or negligent);
circumstances mitigating the employee’s disciplinary liability;
circumstances aggravating the employee’s disciplinary liability.
2-1. The following shall be recognized as circumstances mitigating disciplinary liability:
remorse of the employee who committed the offence;
voluntary notification by the employee to the supervisor of the commission of the offence;
commission of the offence for the first time and acknowledgement of the fact of committing the offence;
commission of the offence under difficult personal or family circumstances;
commission of the offence as a result of coercion;
absence of negative consequences and damage to the image of the law enforcement body as a result of the disciplinary offence.
The head of the law enforcement body or authorized head imposing the sanction on the employee, or the disciplinary commission conducting an internal investigation, may recognize other circumstances as mitigating circumstances.
I believe that, when deciding to impose the sanction on me, the following circumstances were not taken into account: the absence of any existing disciplinary sanctions, my remorse and acknowledgement of the fact of committing the offence, my family circumstances, and the fact that I have three minor children born in 2020, 2021 and 2023 who are dependent on me.
It was also not taken into account that, at the time of the disciplinary offence, I had been working for nine consecutive days without days off. On each of those nine days, my service began at 06:30, when I received my equipment, including weapons and other items; at 07:00, a formation and briefing were conducted; from 08:00 to 20:00, I actually performed my official duties; and after 20:00, I returned my equipment, including weapons and other items. It was only at approximately 22:00 that I actually returned home to rest.
In addition, during my rest period, I had to devote time to my family and assist my wife.
Thus, the lack of adequate sleep and rest could have contributed to my committing the offence through negligence.
Moreover, while serving in the internal affairs bodies during the riots in the city of Almaty in January 2022 (the “Qantar” events), I was among the police officers who suffered injuries as a result of the actions of protesters. I believe that this circumstance also deserved consideration when the decision to impose the disciplinary sanction was made.
Pursuant to paragraph 19 of Article 57 of the Law, a superior head has the right to revoke a disciplinary sanction imposed by a subordinate head if the previously imposed sanction does not correspond to the gravity of the disciplinary offence committed.
Pursuant to paragraph 21 of Article 57 of the Law, an employee has the right to appeal a disciplinary sanction imposed on him or her to a superior body or to a court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Therefore, I believe that the court is likewise entitled to recognize the disciplinary sanction imposed on me in the form of dismissal from the internal affairs bodies as disproportionate to the gravity of the disciplinary offence committed.
Pursuant to Article 12 of the Constitution of the Republic of Kazakhstan, everyone has the right to judicial protection of his or her rights and freedoms.
Pursuant to paragraph 1 of Article 9 of the Civil Code of the Republic of Kazakhstan, civil rights shall be protected by a court through recognition of rights; restoration of the situation that existed before the violation of the right; and suppression of actions violating the right or creating a threat of such violation.
Pursuant to Article 4 of the Civil Procedure Code of the Republic of Kazakhstan, the objectives of civil proceedings are to protect and restore the violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities, ensure legality in civil circulation and public-law relations, facilitate the peaceful settlement of disputes, prevent offences, and foster respect for the law and the court in society.
Pursuant to paragraph 4 of Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated 28 November 2024 “On Certain Issues of Application by Courts of Legislation in Resolving Labour Disputes,” the court is not bound by the conclusions of the conciliation commission, and an individual labour dispute shall be resolved on its merits within the scope of the claims asserted by the plaintiff.
With respect to my dispute, I also request the Court to apply the requirement of this paragraph to the conclusions of the internal investigation, by analogy pursuant to Article 5 of the Civil Code of the Republic of Kazakhstan.
Pursuant to Article 668 of the Tax Code of the Republic of Kazakhstan, plaintiffs are exempt from payment of the state duty in courts in claims for recovery of wages and other claims related to employment activities.
Based on the foregoing, I respectfully request the Court to:
– declare unlawful Order No. 473 ж/қ of the Department of Police of the City of Almaty dated 12 May 2026 issued in respect of TNM;
– reinstate TNM in his former position effective from 12 May 2026;
– recover from the State Institution “Department of Police of the City of Almaty of the Ministry of Internal Affairs of the Republic of Kazakhstan” in favour of TNM the wages for the period of forced absence from work from 12 May 2026 until the date of reinstatement.
Attachments: copy of the dismissal notice; marriage certificate; birth certificate of M Kh.; birth certificate of M Zh.; birth certificate of M M.; powers of attorney issued to G.T. Sarzhanov and S.D. Nigmetov; notification of representation by G.T. Sarzhanov; attorney-at-law certificate of G.T. Sarzhanov; certificate of state registration of the legal entity; notification of representation by S.D. Nigmetov; attorney-at-law certificate of S.D. Nigmetov.
Plaintiff T.N.M.
Representative
Attorney-at-Law G.T. Sarzhanov
1 September 2026
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