STATEMENT OF CLAIM FOR REINSTATEMENT OF EMPLOYEES DISMISSED FROM SERVICE IN THE INTERNAL AFFAIRS BODIES
To the Taldykorgan City Court of the Zhetisu Region
53A N. Nazarbayev Avenue,Taldykorgan
Plaintiff: BMA
IIN: .....
Zhetisu Region, P... District, K.. Village,27 O. Zh... Street
Tel.: 877....
Plaintiff: TAB
IIN: ....
Zhetisu Region, P... District,K... Village, Zh... Street, 90
Tel.: 8708...
Representative: Attorney Sargzhanov Galymzhan Turlybekovich
Law Office “Zakon i Pravo”
BIN 201240021767
Office 304, 79/71 Abylai Khan Avenue,Almaly District, Almaty, 050002, Republic of Kazakhstan
Tel.: 87085785758
Representative: Attorney Nigmetov Sabit Davletovich
IIN 820125350700
Office 304, 79/71 Abylai Khan Avenue,Almaly District, Almaty, 050002, Republic of Kazakhstan
Tel.: 87009785755
Defendant: 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,Republic of Kazakhstan
Tel.: 8 (7282) 60-80-22
STATEMENT OF CLAIM FOR REINSTATEMENT
On 2 December 2025, by Order No. 883-ж/қ of S.Z. Kusainov, Head of the Police Department of the Zhetisu Region (hereinafter referred to as the “Order”), BMA, Police Major, Head of the Criminal Police Unit of the Police Department of the Panfilov District, and TAB, Police Senior Lieutenant, Operative Officer of the Criminal Police Unit of the Police Department of the Panfilov District, were dismissed from service in the internal affairs bodies of the Republic of Kazakhstan.
The above Order is unlawful on the following grounds.
A criminal case based on the statement of M.K. Dauletkeldi 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 (hereinafter – the “DKNB”), 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 DKNB for the Zhetisu Region, issued a decision to terminate the pre-trial investigation in the criminal case registered in the Unified Register of Pre-Trial Investigations under No. 253300041000026 pursuant to Subparagraph 2) of Paragraph 1 of Article 35 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter – the “CPC RK”). The decision was approved on 12 September 2025 by I.S. Beskempirov, Deputy Prosecutor of the Zhetisu Region.
Thus, the criminal case was terminated due to the absence of elements of a criminal offense in the act.
However, despite the termination of the criminal case, on an unspecified date S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, unlawfully submitted a representation on eliminating the circumstances that contributed to the commission of a criminal offense and other violations of the law (hereinafter – the “Representation”) pursuant to Article 200 of the CPC RK, which, without a date or outgoing reference number, was sent to the Department of Internal Security of the Ministry of Internal Affairs of the Republic of Kazakhstan.
In the Representation, S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, states as an established fact that on 2 July 2025 BMA M.A., being an officer of a law enforcement body and using his official position, intentionally, for mercenary motives, by means of deception and abuse of trust, demanded KZT 1,000,000 from the victim Madiyar Dauletkeldi in exchange for not bringing the victim's brother, Miras Dauletkeldi, to criminal liability.
On 9 July 2025, M. Dauletkeldi applied to the Department of the National Security Committee for the Zhetisu Region with a statement requesting that BMA M.A. be held criminally liable in connection with the above circumstances. 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 activities, conversations concerning the above circumstances and a demand for the transfer of money were documented while BMA M.A. was in his office with DM.
Thereafter, at 5:13 p.m., as a result of the continuation of the covert investigative activities, a meeting between D.M. and T.A.B. was documented. During the meeting, T.A.B. stated that he was aware of everything that had happened, namely, that BMA M.A. had demanded KZT 1,000,000, and also stated that he would speak with Bodaуov M.A. and resolve the matter positively.
At 5:22 p.m., T.A.B. and D.M. entered the office of BMA M.A., where, at the end of the conversation, BMA M.A. told D.M. to transfer the monetary remuneration to T.A.B.
It was subsequently documented that at 7:53 p.m. T.A.B. met D.M. near D.M.'s residence, where, during the conversation, T.A.B. refused to receive the funds that D.M. was supposed to transfer as remuneration.
The covert investigative activities were then terminated.
No other investigative activities are referred to in the Representation of S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region.
I believe that S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, had no grounds for submitting the Representation pursuant to Article 200 of the CPC RK.
In substantiating his conclusions regarding the alleged proof of the demand for money, the investigator refers to the results of covert investigative activities.
However, pursuant to Article 112 of the CPC RK:
1. Actual data shall be recognized as inadmissible as evidence if it was obtained in violation of the requirements of this Code and such violations, 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 judicial proceedings, affected or could have affected the reliability of the actual data obtained, including:
- through the use of torture, violence, threats, deception, as well as other unlawful acts and cruel treatment;
- through misleading a person participating in criminal proceedings with respect to his or her rights and obligations, arising as a result of failure to explain, incomplete explanation, or incorrect explanation of such rights and obligations;
- in connection with a procedural action being conducted by a person who has no right to conduct proceedings in the relevant criminal case;
- in connection with the participation in a procedural action of a person subject to recusal;
- in connection with a substantial violation of the procedure for conducting a procedural action;
- from an unknown source or from a source that cannot be established in court;
- through the use, in the course of proving a case, of methods contrary to modern scientific knowledge.
Pursuant to Article 124 of the CPC RK – Examination of Evidence:
Evidence collected in a case shall be examined comprehensively and objectively. Examination includes analysis of the evidence obtained, comparison thereof with other evidence, collection of additional evidence for the purpose of verification, and verification of the sources from which the evidence was obtained.
Pursuant to Article 125 of the CPC RK – Evaluation of Evidence:
1. Each item of evidence shall be evaluated in terms of its relevance, admissibility and reliability, while all evidence taken together shall be evaluated in terms of its sufficiency for resolving 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 considered relevant to a case if it constitutes actual data confirming, refuting or casting doubt on conclusions concerning the existence of circumstances relevant to the case.
4. Evidence shall be considered admissible if it has been obtained in accordance with the procedure established by this Code.
5. Evidence shall be considered reliable if, as a result of verification, it is established that it corresponds to reality.
6. A body of evidence shall be considered sufficient for resolving a criminal case if relevant, admissible and reliable evidence has been collected that establishes, without any doubt and conclusively, the truth with respect to all and each of the circumstances subject to proof.
The only evidence of the circumstances of the disciplinary offense allegedly committed by Bodaуov M.A. and T.A.B. referred to by S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, in the Representation, consists of the results of covert investigative activities recorded on an audio-video recording.
We examined the criminal case.
However, in violation of Articles 124 and 125 of the CPC RK, S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, did not examine the above-mentioned audio-video recording with the involvement of experts.
In particular, he did not order a Forensic Video-Phonographic Examination of the obtained audio-video recordings, which would have confirmed or refuted whether the voices on the audio-video recording belonged to Bodaуov M.A., T.A.T. and the victim D.M., as well as whether the recording contained any editing or alterations.
Furthermore, no Forensic Facial Identification Examination was ordered to establish or refute whether the persons depicted in the audio-video recording were identical in appearance to B M.A. and T.A.T.
Nor was a Forensic Psychological-Linguistic Examination ordered to establish or refute whether Bodaуov M.A. and T.A.B. had induced D.M. to transfer money and to address other relevant issues.
Pursuant to Paragraph 1 of Article 24 of the CPC RK, the court, prosecutor, investigator and interrogating officer are obliged to take all measures provided by law for a comprehensive, complete and objective examination of the circumstances necessary and sufficient for the proper resolution of the case.
Pursuant to Paragraph 3 of Article 60 of the CPC RK, an investigator is obliged to take all measures to comprehensively, fully and objectively examine the circumstances of a case, conduct criminal prosecution against a person in respect of whom sufficient evidence has been collected indicating the commission of a criminal offense, by qualifying the act of the suspect, selecting a preventive measure against him or her in accordance with this Code, and preparing a report on the 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 DKNB for the Zhetisu Region, exceeded the scope of his authority. Without examining the evidence as required by the CPC RK and without possessing special scientific knowledge, he effectively assumed the powers of an expert and, without obtaining the conclusions of the above-mentioned examinations, concluded that the audio-video recordings of the covert investigative activities constituted reliable and admissible evidence confirming that B M.A. and T.A.B. had demanded money from the victim D.M.
On 19 September 2025, the Representation was received by the Department of Internal Security 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.
On the basis of the unlawfully submitted Representation of S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, the Police Department of the Zhetisu Region conducted an internal investigation pursuant to the Order on Conducting an Internal Investigation dated 13 October 2025. Following the investigation, 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, the above-mentioned Order dismissing the Plaintiffs from service in the internal affairs bodies of the Republic of Kazakhstan was issued.
Pursuant to Paragraph 3 of Article 180 of the CPC RK, the procedure for receiving and registering statements, reports or official reports 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 Receiving and Registering Statements, Reports or Official Reports concerning Criminal Offenses, as well as Maintaining 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 – the “ERDR Rules”):
Maintenance of the ERDR consists of the completion by the official who has made the relevant decision of the relevant details of electronic information registration documents – forms (hereinafter – the “Form”) for each action and decision in criminal proceedings. Such Forms shall be certified by an electronic digital signature in accordance with the Law of the Republic of Kazakhstan dated 7 January 2003 “On Electronic Documents and Electronic Digital Signatures” and transmitted to the authorized body through the Unified Transport Environment of State Bodies.
Pursuant to Paragraph 51 of the ERDR Rules, the accounting form for seized and destroyed narcotic drugs, psychotropic or poisonous substances, precursors (hereinafter – NPP), other material evidence in a case, confiscated property, and representations in accordance with Appendix 16 to these Rules shall be completed upon the seizure, transfer and destruction of material evidence, confiscation of property in a criminal case, as well as upon the submission of representations pursuant to Article 200 of the CPC RK and the results of their consideration.
Pursuant to Paragraph 53-1 of the ERDR Rules, the person conducting the pre-trial investigation shall ensure the accuracy of the completion of the details concerning representations submitted pursuant to Article 200 of the CPC RK and the results of their consideration, as well as information concerning confiscated property.
In addition to the above-mentioned Rules and provisions of the CPC RK, 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 the 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 – the “Rules for Submission of Representations”).
Pursuant to Paragraph 6 of the Rules for Submission of Representations:
A representation on eliminating the 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 prepared in two copies. One copy of the representation on official letterhead shall be delivered to the addressee (a 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 Appendix 2 to the Rules for Submission of Representations, a representation must contain:
- the name and address of the national security body submitting the representation, in the upper part of the representation;
- the name of the legal entity, details of its head, address and telephone number;
- the date, number and city;
- the word “I REQUIRE”;
- information concerning the right to appeal the representation;
- space for a signature and seal, as well as the date and time of receipt.
The Representation of S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, does not comply with the form established by Appendix 2 to the Rules for Submission of Representations. There has clearly been 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 General Prosecutor's Office of the Republic of Kazakhstan for the Zhetisu Region dated 11 December 2025, there is no information concerning the submission of a representation in the criminal case registered in the Unified Register of Pre-Trial Investigations under No. 253300041000026.
Pursuant to Article 200 of the CPC RK, upon establishing, 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.
I believe that S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, having no authority or grounds to do so, submitted an unlawful Representation to the Ministry of Internal Affairs of the Republic of Kazakhstan.
Subsequently, on the basis of the unlawful Representation of S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region, the following unlawful acts were issued: Order No. 318 dated 13 October 2025 of S.Z. Kusainov, Head of the Police Department of the Zhetisu Region, on conducting an internal investigation, and the unlawful Conclusion of the Internal Investigation dated 16 October 2025 in respect of B BMA and TA AB.
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, protection of civil rights shall be carried out 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 its 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 violated or disputed rights, freedoms and legitimate interests of citizens, the state and legal entities; ensure compliance with the law in civil transactions and public-law relations; facilitate the peaceful settlement of disputes; prevent offenses; and foster respect for the law and the court in society.
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 Labor Disputes”:
“The court shall not be bound by the conclusions of the conciliation commission, and an individual labor dispute shall be resolved on its merits within the scope of the claims stated by the plaintiff.”
In relation to the present dispute, I 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 the 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 are exempt from payment of state duty in courts:
- plaintiffs – in claims for recovery of remuneration for work and other claims related to employment.
Based on the foregoing, I respectfully request the Court to:
- declare unlawful Order No. 318 dated 13 October 2025 of S.Z. Kusainov, Head of the Police Department of the Zhetisu Region, 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 in respect of BMA and TAB;
- declare unlawful Order No. 883-ж/қ dated 2 December 2025 of S.Z. Kusainov, Head of the Police Department of the Zhetisu Region, dismissing B BMA, Police Major and Head of the Criminal Police Unit of the Police Department of the Panfilov District, from service in the internal affairs bodies of the Republic of Kazakhstan;
- declare unlawful Order No. 883-ж/қ dated 2 December 2025 of S.Z. Kusainov, Head of the Police Department of the Zhetisu Region, dismissing TA AB, Police Senior Lieutenant and Operative Officer of the Criminal Police Unit of the Police Department of the Panfilov District, from service in the internal affairs bodies of the Republic of Kazakhstan;
- reinstate B BMA in the internal affairs bodies of the Republic of Kazakhstan in his former position effective from 2 December 2025;
- reinstate TA AB in the internal affairs bodies of the Republic of Kazakhstan in his former position effective from 2 December 2025;
- order the State Institution “Police Department of the Zhetisu Region of the Ministry of Internal Affairs of the Republic of Kazakhstan” to pay B BMA salary for the period of forced absence from work from 2 December 2025 until the date of his reinstatement;
- order the State Institution “Police Department of the Zhetisu Region of the Ministry of Internal Affairs of the Republic of Kazakhstan” to pay TA AB salary for the period of forced absence from work from 2 December 2025 until the date of his reinstatement.
Attachments:
- Order No. 883-ж/қ dated 2 December 2025 on dismissal;
- Representation of S.M. Sagatov, Investigator of the DKNB for the Zhetisu Region;
- Cover letter of the DKNB for the Zhetisu Region;
- Cover letter of the Department of Internal Security of the Ministry of Internal Affairs of the Republic of Kazakhstan;
- Cover letter of the Internal Security Directorate of the Police Department of the Zhetisu Region;
- Order on conducting an internal investigation;
- Conclusion of the internal investigation;
- Letter of the Department of the Committee for Legal Statistics and Special Records of the General Prosecutor's Office of the Republic of Kazakhstan for the Zhetisu Region confirming the absence of a representation in the ERDR;
- Decision on termination of the criminal case;
- Rules for Submission of Representations by the National Security Bodies of the Republic of Kazakhstan, in Russian and Kazakh;
- Salary certificate of BMA M.A.;
- Salary certificate of TA A.B.;
- Power of attorney granted to representatives Sargzhanov G.T. and Nigmetov S.D.;
- Attorney's certificate of Sargzhanov G.T.;
- Notice of representation by Sargzhanov G.T.;
- Certificate of state registration of the legal entity;
- Notice of representation by Nigmetov S.D.;
- Attorney's certificate of Nigmetov S.D.
Plaintiff BMA M.A.
Plaintiff T A.B.
Representative
Attorney Sargzhanov G.T.
16 February 2026
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