Constitutional Court: Law Enforcement Officers Must Comply with the Constitution and Legislation

Constitutional Court: Law Enforcement Officers Must Comply with the Constitution and Legislation

29.03.2025 19:03:46 4246

Теlegram CС - https://t.me/consot_kz  

 

A former law enforcement officer appealed to the Constitutional Court to review the constitutionality of subparagraph 7) of paragraph 2 of Article 56 of the Law “On Law Enforcement Service” and subparagraph 5) of paragraph 3 of Article 44 of the Law “On Public Service of the Republic of Kazakhstan,” which establish disciplinary penalties applicable to employees and types of disciplinary offenses.

The applicant was denied his claim to annul the dismissal order for a disciplinary offense and to be reinstated at work.

He argues that the contested provisions restrict his rights to freedom of labor and social security.

The Constitutional Court emphasized that while serving in law enforcement, employees are required to comply with the Constitution and the legislation of the Republic of Kazakhstan.

The applicant was dismissed for committing a disciplinary offense, which was assessed by the court. Thus, in essence, the applicant disagrees with the judicial assessment of the factual circumstances that were reviewed in court. Such matters do not fall within the jurisdiction of the Constitutional Court.

Due to the absence of valid grounds for reviewing the constitutionality of the provisions, the applicant’s appeal was not accepted for consideration.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/962555?lang=kk