STATEMENT OF CLAIM FOR REINSTATEMENT IN EMPLOYMENT

To the Taldykorgan City Court of the Zhetisu Region

53A N. Nazarbayev Avenue,Taldykorgan, Zhetisu Region

Plaintiff: B M Abilkassimovich

IIN ....

Zhetisu Region, Panfilov District,village ...., house 27

Tel. 8778...

Plaintiff: T A Bakbergenuly

IIN ....

Zhetisu Region, Panfilov District,

...

Tel. 87080....

Representative: Attorney Sarzhanov Galymzhan Turlybekovich

Law Firm “Zakon i Pravo”

BIN 201240021767

Office 304, 79/71 Abylai Khan Avenue,Almaly District, Almaty, 050002

info@zakonpravo.kz

www.zakonpravo.kz

Tel. 87085785758

Representative: Attorney Nigmetov Sabit Davletovich

IIN 820125350700

Office 304, 79/71 Abylai Khan Avenue,Almaly District, Almaty, 050002

Tel. 87009785755

Defendants:

State Institution “Police Department of the Zhetisu Region of the Ministry of Internal Affairs of the Republic of Kazakhstan”

BIN 220840031965

91/95 I. Zhansugurov Street,Taldykorgan, Zhetisu Region, 040000

Tel. 8 (7282) 60-80-22

State Institution “Ministry of Internal Affairs of the Republic of Kazakhstan”

BIN 960340000514

1 Tauelsizdik Avenue,Astana, Republic of Kazakhstan, 010000

Tel. 8 (7172) 72 26 00

Statement of Claim for Reinstatement in Employment

On 2 December 2025, by Order No. 883-ж/қ issued by S.Z. Kusainov, Head of the Police Department of the Zhetisu Region (hereinafter referred to as the “Order”), B M Abilkassimovich, Major of Police, Head of the Criminal Police Division of the Panfilov District Police Department, and T A Bakbergenuly, Senior Lieutenant of Police, operative officer of the Criminal Police Division of the Panfilov District Police Department, were dismissed from service in the internal affairs bodies of the Republic of Kazakhstan.

Subsequently, B M.A. and T A.B. received letters from the Police Department of the Zhetisu Region dated 13 February 2026, stating that they had been dismissed from the internal affairs bodies pursuant to Order No. 883-ж/қ of the Head of the Police Department of the Zhetisu Region dated 2 December 2025, Order No. 79/жқ of the Ministry of Internal Affairs dated 10 February 2026, and the Order of the Head of the Police Department of the Zhetisu Region dated 12 February 2026 (hereinafter referred to as the “Orders”).

The above Orders are unlawful on the following grounds.

A criminal case based on the complaint of Ddi M.K. was under investigation by S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, and was registered on 9 July 2025 in the Unified Register of Pre-Trial Investigations under No. 253300041000026.

On 8 September 2025, S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, pursuant to subparagraph 2) of part 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan, issued a resolution terminating the pre-trial investigation in criminal case No. 253300041000026 registered in the Unified Register of Pre-Trial Investigations. The resolution was approved by I.S. Beskempir, Deputy Prosecutor of the Zhetisu Region, on 12 September 2025.

Thus, the criminal case was terminated due to the absence of elements of a criminal offense in the act.

However, notwithstanding the termination of the criminal case, on an unspecified date S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, unlawfully submitted a representation on elimination of the circumstances that contributed to the commission of a criminal offense and other violations of the law (hereinafter referred to as the “Representation”) pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan. The Representation, without a date and outgoing number, was sent to the Internal Security Department of the Ministry of Internal Affairs of the Republic of Kazakhstan.

In the Representation, S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, states as an established fact that on 2 July 2025 B M.A., being an employee of a law enforcement body, using his official position, intentionally, for mercenary motives, by means of deception and abuse of trust, demanded KZT 1,000,000 from the victim Duletekelді Madiyar for not bringing the victim’s brother Ddi M. to criminal liability.

On 9 July 2025, Ddi M. applied to the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region regarding the above fact, requesting that B M.A. be brought to criminal liability. A criminal case was initiated and registered in the Unified Register of Pre-Trial Investigations under No. 253300041000026.

On 9 July 2025 at 11:18 a.m., as a result of covert investigative measures, conversations between B M.A. and Ddi Madiyar, who were in an official office, concerning the above circumstances and the demand for the transfer of money were documented.

Thereafter, at 5:13 p.m., as a result of continuation of the covert investigative measures, a meeting between Ddi Madiyar and T A.B. was documented. During the meeting, T A.B. stated that he was aware of everything that had occurred, namely, that B M.A. had demanded KZT 1,000,000, and also stated that he would speak with B M.A. and resolve the matter positively.

At 5:22 p.m., T A.B. and Ddi Madiyar entered the office of B M.A., where, at the end of the conversation, B M.A. told Ddi Madiyar to give the monetary remuneration to T A.B.

Thereafter, it was documented that at 7:53 p.m. T A.B. met Ddi Madiyar near his home, where during the conversation T A.B. refused to receive the money which Ddi Madiyar was supposed to transfer as remuneration. The covert investigative measures were then terminated.

No other investigative measures are indicated in the Representation of S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region.

We believe that S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, had no grounds to submit the Representation pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan.

In substantiating his conclusions regarding the alleged proof of the demand for money, the investigator refers in the Representation to the results of covert investigative measures.

However, pursuant to Article 112 of the Criminal Procedure Code of the Republic of Kazakhstan:

1. Factual data shall be recognized as inadmissible as evidence if they were obtained in violation of the requirements of this Code, which, by depriving or restricting the rights of participants in the proceedings guaranteed by law, or by violating other rules of criminal procedure during the pre-trial investigation or trial, affected or could have affected the reliability of the factual data obtained, including:
2. through the use of torture, violence, threats, deception, as well as other unlawful actions and cruel treatment;
3. through misleading a person participating in criminal proceedings as to his or her rights and obligations resulting from failure to explain, incomplete or incorrect explanation thereof;
4. in connection with a procedural action being conducted by a person who has no right to conduct proceedings in the relevant criminal case;
5. in connection with participation in a procedural action by a person subject to recusal;
6. through a substantial violation of the procedure for conducting the procedural action;
7. from an unknown source or from a source that cannot be established in court;
8. through the use, in the course of proving, of methods contrary to modern scientific knowledge.

Pursuant to Article 124 of the Criminal Procedure Code of the Republic of Kazakhstan – Examination of Evidence:

Evidence collected in a case shall be examined comprehensively and objectively. Examination includes analysis of the evidence obtained, its comparison with other evidence, collection of additional evidence for its verification, and verification of the sources from which the evidence was obtained.

Pursuant to Article 125 of the Criminal Procedure Code of the Republic of Kazakhstan – Evaluation of Evidence:

1. Each item of evidence shall be evaluated in terms of relevance, admissibility and reliability, while all evidence taken together shall be evaluated in terms of sufficiency for resolution of the criminal case.
2. In accordance with Article 25 of this Code, a judge, prosecutor, investigator and interrogating officer shall evaluate evidence according to their inner conviction based on a comprehensive, complete and objective examination of the evidence in its entirety, guided by the law and conscience.
3. Evidence shall be deemed relevant to the case if it constitutes factual data that confirms, refutes or casts doubt on conclusions regarding the existence of circumstances relevant to the case.
4. Evidence shall be deemed admissible if it has been obtained in accordance with the procedure established by this Code.
5. Evidence shall be deemed reliable if, as a result of verification, it is established that it corresponds to reality.
6. A body of evidence shall be deemed sufficient for resolution of the criminal case if relevant, admissible and reliable evidence has been collected which, without any doubt and indisputably, establishes the truth regarding all and each of the circumstances subject to proof.

The only evidence of the circumstances of the disciplinary offense allegedly committed by B M.A. and T A.B. referred to by S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, in the Representation is the results of covert investigative measures recorded on audio-video recordings.

We have examined the criminal case.

However, in violation of the requirements of Articles 124 and 125 of the Criminal Procedure Code of the Republic of Kazakhstan, S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, did not examine the said audio-video recording with the involvement of experts.

In particular, he did not order a forensic videophonographic examination of the obtained audio-video recordings, which would have confirmed or refuted whether the voices recorded on the audio-video recordings belonged to B M.A., T A.T. and the victim Ddi Madiyar, as well as whether the recordings contained any editing or alterations.

Furthermore, no forensic portrait examination was ordered, which would have established or refuted whether the persons depicted in the audio-video recording were identical to the physical appearance of B M.A. and T A.T.

No forensic psychological and philological examination was ordered either, which would have established or refuted the fact that B M.A. and T A.B. induced Ddi Madiyar to transfer money, as well as other relevant matters.

Pursuant to part 1 of Article 24 of the Criminal Procedure Code of the Republic of Kazakhstan, the court, prosecutor, investigator and interrogating officer shall take all measures provided for by law for a comprehensive, complete and objective examination of the circumstances necessary and sufficient for the proper resolution of the case.

Pursuant to part 3 of Article 60 of the Criminal Procedure Code of the Republic of Kazakhstan, an investigator shall take all measures to comprehensively, fully and objectively examine the circumstances of the case, conduct criminal prosecution of a person in respect of whom sufficient evidence indicating the commission of a criminal offense has been collected, by qualifying the act of the suspect, selecting a preventive measure for him or her in accordance with this Code, and preparing a report on completion of the pre-trial investigation setting out the circumstances of the criminal offense and describing the evidence collected.

Thus, S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, having exceeded the limits of his authority, without examining the evidence as required by the Criminal Procedure Code of the Republic of Kazakhstan and without possessing special scientific knowledge, effectively substituted himself for an expert and, without obtaining the conclusions of the above-mentioned examinations, concluded that the audio-video recordings of the covert investigative measures constituted reliable and admissible evidence confirming that B M.A. and T A.B. had demanded money from the victim Ddi Madiyar.

On 19 September 2025, the Representation was received by the Internal Security Department of the Ministry of Internal Affairs of the Republic of Kazakhstan. Subsequently, the Representation was forwarded to the Internal Security Directorate of the Police Department of the Zhetisu Region for appropriate measures to be taken.

On the basis of the unlawfully submitted Representation of S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, the Police Department of the Zhetisu Region, pursuant to the order to conduct an internal investigation dated 13 October 2025, conducted an internal investigation, following which on 16 October 2025 a conclusion was issued recommending the dismissal of B M.A. and T A.B. from service in the internal affairs bodies of the Republic of Kazakhstan.

Subsequently, Orders were issued on the dismissal of the Plaintiffs from service in the internal affairs bodies of the Republic of Kazakhstan dated 2 December 2025, 10 February 2026 and 12 February 2026.

Pursuant to part 3 of Article 180 of the Criminal Procedure Code of the Republic of Kazakhstan, the procedure for accepting and registering an application, report or official report concerning criminal offenses, as well as the procedure for maintaining the Unified Register of Pre-Trial Investigations, shall be determined by the Prosecutor General of the Republic of Kazakhstan.

Pursuant to paragraph 20 of the Rules for Acceptance and Registration of Applications, Reports or Official Reports Concerning Criminal Offenses, as well as Maintenance of the Unified Register of Pre-Trial Investigations, approved by Order No. 89 of the Prosecutor General of the Republic of Kazakhstan dated 19 September 2014 (hereinafter referred to as the “ERDR Rules”):

Maintenance of the Unified Register of Pre-Trial Investigations consists of completion by the official who made the decision of the relevant details of electronic information accounting documents — forms (hereinafter referred to as the “form”) for each action and decision in criminal proceedings, signed by an electronic digital signature in accordance with the Law of the Republic of Kazakhstan dated 7 January 2003 “On Electronic Document and Electronic Digital Signature” and transmitted to the authorized body through the Unified Transport Environment of State Bodies.

Pursuant to paragraph 51 of the ERDR Rules, the form for recording seized and destroyed narcotic drugs, psychotropic or poisonous substances, precursors (hereinafter referred to as “NPP”), other physical evidence in a case, confiscated property, and representations pursuant to Annex 16 to these Rules shall be completed upon the seizure, transfer and destruction of physical evidence, confiscation of property in a criminal case, as well as representations submitted pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan and the results of their consideration.

Pursuant to paragraph 53-1 of the ERDR Rules, the accuracy of completion of the details concerning representations submitted pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan and the results of their consideration, as well as information concerning confiscated property, shall be ensured by the person conducting the pre-trial investigation.

In addition to the above Rules and provisions of the Criminal Procedure Code of the Republic of Kazakhstan, employees of the national security bodies of the Republic of Kazakhstan are subject to the Rules for Submission by the National Security Bodies of the Republic of Kazakhstan of Representations on Elimination of Causes and Conditions Contributing to the Implementation of Threats to the Security of the Republic of Kazakhstan and the Commission of Criminal Offenses, the Investigation of Which is Assigned by the Legislation of the Republic of Kazakhstan to the Competence of the National Security Bodies, approved by Order No. 20/қе of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 14 February 2024 (hereinafter referred to as the “Rules for Submission of Representations”).

Pursuant to paragraph 6 of the Rules for Submission of Representations:

A representation on elimination of causes and conditions contributing to the implementation of threats to the security of the Republic of Kazakhstan and the commission of criminal offenses, the investigation of which is assigned by the legislation of the Republic of Kazakhstan to the competence of the national security bodies, shall be drawn up in two copies. One copy of the representation on an official letterhead shall be delivered to the addressee (state body, military formation, unit or organization) against signature or sent by mail, while the other copy shall remain with the national security body of the Republic of Kazakhstan that submitted the representation.

Pursuant to Annex 2 to the Rules for Submission of Representations, a representation must contain:

• in the upper part of the representation, the name and address of the national security body submitting the representation;
• the name of the legal entity, details of its head, address and telephone number;
• date, number and city;
• the word “I REQUIRE”;
• information regarding the right to appeal the representation;
• a place for signature and seal, and the date and time of receipt.

The Representation of S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, does not comply with the form established by Annex 2 to the Rules for Submission of Representations. This constitutes a gross violation by investigator S.M. Sagatov of the requirements of the applicable legislation of the Republic of Kazakhstan.

According to the response of the Department of the Committee for Legal Statistics and Special Records of the Prosecutor General's Office of the Republic of Kazakhstan for the Zhetisu Region dated 11 December 2025, there is no information concerning the submission of representations in the criminal case registered in the Unified Register of Pre-Trial Investigations under No. 253300041000026.

Pursuant to Article 200 of the Criminal Procedure Code of the Republic of Kazakhstan, having established during proceedings in a criminal case circumstances that contributed to the commission of a criminal offense, the person conducting the pre-trial investigation shall have the right to submit to the relevant state bodies, organizations or persons performing managerial functions therein a representation on taking measures to eliminate such circumstances or other violations of the law.

We believe that S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, submitted an unlawful Representation to the Ministry of Internal Affairs of the Republic of Kazakhstan without having the requisite authority or legal grounds to do so.

Subsequently, on the basis of the unlawful Representation of S.M. Sagatov, investigator of the Department of the National Security Committee of the Republic of Kazakhstan for the Zhetisu Region, the following were issued: the unlawful Order No. 318 of the Head of the Police Department of the Zhetisu Region dated 13 October 2025 on conducting an internal investigation and the unlawful Conclusion of the internal investigation dated 16 October 2025 in respect of B M Abilkassimovich and T A Bakbergenuly.

Pursuant to Article 13 of the Constitution of the Republic of Kazakhstan, everyone shall have 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 the court through recognition of rights; restoration of the situation that existed prior to the violation of the right; and suppression of actions violating the right or creating a threat of its violation.

Pursuant to Article 4 of the Civil Procedure Code of the Republic of Kazakhstan, the objectives of civil proceedings are the protection and restoration of violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities, compliance with legality in civil circulation and public-law relations, assistance in peaceful settlement of disputes, prevention of offenses, and formation in society of respect for the law and the court.

Pursuant to subparagraph 21) of Article 57 of the Law of the Republic of Kazakhstan “On Law Enforcement Service”, an employee shall have 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.

Pursuant to paragraph 4 of Regulatory Resolution No. 9 of the Supreme Court of the Republic of Kazakhstan dated 6 October 2017 “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 the merits within the scope of the claims stated by the plaintiff.” With respect to the present dispute, we also request the Court to apply the requirement of this paragraph to the conclusion of the internal investigation, pursuant to the provisions of Article 5 of the Civil Code of the Republic of Kazakhstan concerning application of legislation by analogy.

Pursuant to Article 616 of the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (Tax Code), the following persons shall be exempt from payment of state duty in courts: 1) plaintiffs in claims for recovery of remuneration amounts and other claims related to employment activities.

Pursuant to paragraph 12 of Article 30 of the Civil Procedure Code of the Republic of Kazakhstan, claims against several defendants may be brought at the place of residence or location of one of the defendants at the plaintiff's choice.

Pursuant to paragraph 1 of Article 169 of the Civil Procedure Code of the Republic of Kazakhstan, the plaintiff shall have the right to change the grounds or subject matter of the claim, increase or decrease the amount of the claims by submitting a written application before the court retires to deliberate and render a decision, provided that there is no need for additional procedural actions.

Based on the foregoing, we respectfully request the Court to:

• declare unlawful Order No. 318 of the Head of the Police Department of the Zhetisu Region, S.Z. Kusainov, dated 13 October 2025, on conducting an internal investigation based on the Representation of the Department of the National Security Committee concerning criminal case No. 253300041000026;
• declare unlawful the Conclusion of the internal investigation dated 16 October 2025 concerning B M Abilkassimovich and T A Bakbergenuly;
• declare unlawful Order No. 883-ж/қ of the Head of the Police Department of the Zhetisu Region, S.Z. Kusainov, dated 2 December 2025, dismissing B M Abilkassimovich, Major of Police, Head of the Criminal Police Division of the Panfilov District Police Department, from service in the internal affairs bodies of the Republic of Kazakhstan;
• declare unlawful Order No. 79-ж/қ of the Ministry of Internal Affairs of the Republic of Kazakhstan dated 10 February 2026, dismissing B M Abilkassimovich, Major of Police, Head of the Criminal Police Division of the Panfilov District Police Department, from service in the internal affairs bodies of the Republic of Kazakhstan;
• declare unlawful Order No. 113-ж/қ of the Head of the Police Department of the Zhetisu Region dated 12 February 2026, dismissing B M Abilkassimovich, Major of Police, Head of the Criminal Police Division of the Panfilov District Police Department, from service in the internal affairs bodies of the Republic of Kazakhstan;
• declare unlawful Order No. 883-ж/қ of the Head of the Police Department of the Zhetisu Region, S.Z. Kusainov, dated 2 December 2025, dismissing T A Bakbergenuly, Senior Lieutenant of Police, operative officer of the Criminal Police Division of the Panfilov District Police Department, from service in the internal affairs bodies of the Republic of Kazakhstan;
• declare unlawful Order No. 79-ж/қ of the Ministry of Internal Affairs of the Republic of Kazakhstan dated 10 February 2026, dismissing T A Bakbergenuly, Senior Lieutenant of Police, operative officer of the Criminal Police Division of the Panfilov District Police Department, from service in the internal affairs bodies of the Republic of Kazakhstan;
• declare unlawful Order No. 113-ж/қ of the Head of the Police Department of the Zhetisu Region dated 12 February 2026, dismissing T A Bakbergenuly, Senior Lieutenant of Police, operative officer of the Criminal Police Division of the Panfilov District Police Department, from service in the internal affairs bodies of the Republic of Kazakhstan;
• reinstate B M Abilkassimovich in his previous position in the internal affairs bodies of the Republic of Kazakhstan with effect from 2 December 2025;
• reinstate T A Bakbergenuly in his previous position in the internal affairs bodies of the Republic of Kazakhstan with effect from 2 December 2025;
• recover from the State Institution “Police Department of the Zhetisu Region of the Ministry of Internal Affairs of the Republic of Kazakhstan” in favour of B M Abilkassimovich his salary for the period of forced absence from work from 2 December 2025 until the date of his reinstatement;
• recover from the State Institution “Police Department of the Zhetisu Region of the Ministry of Internal Affairs of the Republic of Kazakhstan” in favour of T A Bakbergenuly his salary for the period of forced absence from work from 2 December 2025 until the date of his reinstatement.

Attachments:Notification of the Police Department of the Zhetisu Region dated 13 February 2026 addressed to B M.A. concerning his dismissal; notification of the Police Department of the Zhetisu Region dated 13 February 2026 addressed to T A.B. concerning his dismissal.

Plaintiff __________________ B M.A.

Plaintiff __________________ T A.B.

Representative

Attorney __________________ Sarzhanov G.T.

10 April 2026

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