Complaint about illegal actions of the staff of the Department of Internal Affairs of the Medeu district of Almaty
In the Department of Security of the Ministry of Internal Affairs of the Republic of Kazakhstan
Copy: To the Minister of Internal Affairs of the Republic of Kazakhstan
from K.S.K.
IIN .
Almaty, 226 A. Street, building 95, sq. 44
Defenders: Lawyer Nigmetov Sabit Davletovich
IIN 820125350700
79 Abylai Khan Ave., office 304, Almaty
tel. (WhatsApp) 87009785755
Lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
tel. (WhatsApp) 87085785758
Complaint about illegal actions of the staff of the Department of Internal Affairs of the Medeu district of Almaty
On December 18, 2023, a report on an administrative offense under part 1 of Article 485 of the Code of Administrative Offenses of the Republic of Kazakhstan was drawn up by R.S. Paltaev at the Department of Management of the Medeu district, and I was found guilty under this article, and I was given an administrative penalty in the form of a fine of 34,500 tenge with an order to pay an administrative fine. on behalf of the UIP OMPS at the UE of the Medeu district, R.S. Paltaeva.
I disagree with the said protocol on an administrative offense under part 1 of Article 485 of the Code of the Republic of Kazakhstan on Administrative Offenses and the order to pay a fine on the following grounds, I do not plead guilty.
At the time of writing the protocol on the administrative offense, I was an active employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
According to part 2 of Article 685 of the Code of Administrative Offences of the Republic of Kazakhstan:
It has the right to consider cases of administrative offenses and impose administrative penalties on behalf of the internal affairs bodies.:
1) according to all articles of this Code referred to the jurisdiction of the internal affairs bodies, – chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative divisions, migration police, local police service of the region, the city of republican significance, the capital, their deputies;
2) for administrative offenses provided for in Articles 132, 147, 190 (Part one), 192, 196, 197, 198, 204-1, 359, 395 ( part one), 396 (part one), 420, 421, 432, 433 ( part one), 434-1, 434-2, 437, 438 (parts one and two), 441-1, 444 (part two), 458, 464, 469, 470, 480 ( part one), 484, 485 (part one), 486, 487, 489 (parts one, nine, ten and eleven), 492, 493, 494, 495 (part one), 496 (part one), 505 (part two), 510 (parts one, two, three and five), 512 (part one), 513 (part one), 514 (part one), 515, 517 (part three), 518, 519 (parts one, three, five and six), 562, 571 (part three), 590 (parts three, eight and ten), 591 (part two), 592 (parts three and four), 593, 594 (part four), 595 (part four), 596 (parts four and five), 597 (parts five and six), 598 (part two), 599 (part two), 600 (part two), 601 (part two), 602 (part two), 603 (part three), 612 (parts four, five and six), 613 (part thirteen), 614, 615 (part three), 617, 619, 619-1, 621 ( part two), 630, 631, 632, 635 (parts one and two) of this Code, – heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies.
From the specified provision of Article 685 of the Criminal Code of Kazakhstan, it follows that the district inspector of the UP of the Medeu district of Almaty, R.S. Paltaev, not being an authorized person of the Ministry of Internal Affairs of the Republic of Kazakhstan, illegally exceeded his authority and considered a case of an administrative offense that does not fall within the limits of his official powers.
It follows from this that district inspector Paltaev R.S. does not correspond to the position of an employee of the internal affairs bodies and is subject to immediate dismissal from the Ministry of Internal Affairs of the Republic of Kazakhstan.
Based on the above, I ask:
- Dismiss R.S. Paltaev from the internal affairs bodies.;
- To bring to strict disciplinary responsibility the head of the local police service of the Medeu district of Almaty for committing a disciplinary offense of an employee subordinate to him;
- to make a presentation to the head of the Almaty City Police Department about a gross violation of the rule of law by the officers of the Medeu district Police Department of Almaty when considering the case of an administrative offense of K.S.K. art. 485 Part 1 of the Criminal Code of the Republic of Kazakhstan in relation to.
Appendix: a copy of the protocol on an administrative offense, a copy of the order to pay an administrative fine, a copy of the notice of defense of lawyer Nigmetov S.D., a copy of the lawyer's certificate.
12/27/2023 K.S.K.
The defender is the lawyer Nigmetov S.D.
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