Article 58-1. The procedure for the formation and work of the disciplinary commission The Law on Law Enforcement Service
1. The head of the law enforcement agency or the authorized head approves the composition of the disciplinary commission.
2. The disciplinary commission must include at least five members.
3. Meetings of the disciplinary commission shall be held as necessary and in the presence of two thirds of the total number of its members.
4. A meeting of the disciplinary commission shall be held with the participation of the person against whom an internal investigation has been conducted, including via videoconference.
5. It is allowed to review the materials of an internal investigation without the participation of the person against whom the internal investigation was conducted, if he was duly notified of the time and place of the meeting and did not appear without a valid reason or his written refusal to participate in the meeting of the disciplinary commission.
6. The person against whom an internal investigation has been conducted shall be notified of the time and place of the meeting of the disciplinary commission, but not later than one working day before the date of its holding.
7. The disciplinary Commission reviews the materials of the internal investigation and examines the facts concerning the misconduct, hears the speaker (the person who conducted the internal investigation) on the results of the internal investigation, the explanations of the person against whom the internal investigation was conducted, as well as the explanations of other persons.
8. Based on the results of consideration of the submitted materials, the disciplinary commission makes one of the following decisions::
1) recommend to the head of a law enforcement agency or an authorized head to apply an appropriate disciplinary measure to a person against whom an internal investigation has been conducted;
2) recommend to the head of a law enforcement agency or an authorized head to terminate disciplinary proceedings.
9. The decision of the disciplinary commission is adopted by open voting and is considered adopted if it is supported by a majority of votes from among the members of the disciplinary commission present at the meeting.
If the votes are equal, the decision voted for by the chairman of the disciplinary commission is considered adopted.
10. The decision to impose a disciplinary penalty is issued by order of the head of the law enforcement agency or an authorized head.
11. An employee has the right to appeal a disciplinary penalty imposed on him to a higher official or to a court. An appeal against a decision to impose a disciplinary penalty does not suspend its enforcement.
The Law of the Republic of Kazakhstan dated January 6, 2011 No. 380-IV.
This Law regulates public relations related to admission to the law enforcement service of the Republic of Kazakhstan, its passage and termination, and also defines the legal status (status), financial support and social protection of law enforcement officers of the Republic of Kazakhstan.
President
Republic of Kazakhstan
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