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Home / Publications / Termination of criminal proceedings on rehabilitative grounds does not exclude the possibility of bringing an employee to disciplinary responsibility.

Termination of criminal proceedings on rehabilitative grounds does not exclude the possibility of bringing an employee to disciplinary responsibility.

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Termination of criminal proceedings on rehabilitative grounds does not exclude the possibility of bringing an employee to disciplinary responsibility.

As an example, the Kokshetau Regional Court cited the case of S. to the Police Department on the cancellation of the dismissal order (decision of the Kokshetau City Court of December 05, 2022 and the decision of the appellate instance of December 05, 2022) At the same time, it is necessary to agree with the opinion of the West Kazakhstan Regional Court that in each specific case it is necessary to establish that in the absence of a criminal offense in the actions of the employee there were signs of misconduct discrediting the law enforcement agency, or gross violation of official discipline.After the initiation of a criminal case against an employee, in the absence of signs of disciplinary misconduct, the employer must act in accordance with article 38 of the Law "On Law Enforcement Service".

 

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