Dear graduates! According to paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education", as well as the Rules for sending specialists to work, approved by the Order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated 08/11/2023 No. 403, mandatory three-year (two-year) training is assigned to young specialists and PhD doctors.
Presentation of JSC "Financial Center" Ministry of education and science of the Republic of Kazakhstan "compulsory training of young specialists and doctors of Philosophy PhD"
Presentation of JSC "Financial Center" Ministry of education and science of the Republic of Kazakhstan "Five social projects in the field of Education"
Presentation "Қазақстан Республикасы Білім және ғылым министрлігі «Қаржы орталығы» АҚ «Жас мамандардың және PhD философия докторларының жұмысқа орналастырылуын мониторингілеу»
Question: What regulatory legal acts provide for the obligation to train young specialists who have studied at the state educational order?
Answer: In accordance with paragraph 17 of Article 47 of the Law "On Education" of the Republic of Kazakhstan, mandatory three-year training after completion of the organization of higher and (or) postgraduate education is assigned to citizens who have studied on the basis of a state educational order:
Question: How is distribution of graduates to work carried out and who is responsible for it?
Answer: Commissions on personal distribution are created annually for pedagogical and veterinary specialties at the relevant universities of the Republic of Kazakhstan, where young specialists and PhD doctors complete their studies, and for medical specialties, a Commission is created in the authorized body in the field of healthcare. Commissions carry out personal distribution of young specialists and PhDs on the basis of the employer's request. The personal distribution of PhD doctors is carried out according to the submitted documents and on the basis of information provided by the authorized bodies, according to the applications of universities and scientific organizations on the need for personnel. This procedure is determined by the Rules for sending a specialist to work, granting the right to self-employment, exemption from the obligation or termination of the obligation to work out by citizens who studied on the basis of a state educational order approved by the RK PP No. 390 dated March 30, 2012.
Question: Does a graduate who graduated from a rural quota have the right to work in the city in a state educational organization or in a state health organization?
Answer: No, if a young specialist has completed training according to the rural quota for pedagogical and medical specialties according to paragraph 17 of Article 47 of the Law "On Education", the young specialist is obliged to work in state educational /health organizations located in rural areas.
Question: What should I do if there is no vacancy at the place of residence of the graduate?
Answer: According to paragraph 17-1 of the ROK PP No. 390 dated March 30, 2012, in the absence of vacant jobs, a young specialist /Phd must register as a job seeker directly at the employment center at the place of residence or through the e-government web portal or the State Corporation "Government for citizens", with the offset of the time spent on the register as an unemployed person in the period of working out, provide a document confirming registration at the Employment Center in JSC "Financial Center" to the supervising manager.
Question: When should the graduate arrive at the place of work?
Answer: Young specialists and PhDs who have completed their studies this year arrive at the place of work by the assigment no later than September 1 (in accordance with the decision of the Commission on Personal Distribution).
Question: What measures are taken in case of non-fulfillment of obligations for working out?
Answer: JSC "Financial Center", as the operator of the authorized body in the field of education, provides monitoring and control over compliance with graduates, their obligations to work out or reimburse budget expenditures in case of non-work.
In case of detected violations on working off, JSC "Financial Center" works with a young specialist and PhDs: preparation of a written notice of mandatory working out, calling young specialists at the contacts indicated by them, searching on social networks. And in case of non-elimination of existing violations and/or refusal to work out, work is underway to return budget funds to the state, including in court.
Question: Is a postponement granted to a graduate, and for what term?
Answer: Upon admission or conscription for military service, a young specialist is granted a postponement (by the decision of the Commission for the personal distribution of young specialists and PhD doctors, an additional protocol is drawn up on the basis of a written application and a supporting document) and for the duration of service, without crediting the time of service in the period of working out.
Question: In what cases, and which categories of graduates are exempt from working out?
Answer: Exemption from the obligation to work out, provided by Law, is granted by the decision of the Commission for the Personal distribution of Young Professionals or the Commission for the personal distribution of PhDs (the Commission for distribution, i.e., the organization of higher and (or) postgraduate education or the authorized body in the field of healthcare is preparing an additional protocol, must be confirmed by relevant documents) to the following categories:
Question: A young specialist who studied on the basis of a state educational order in pedagogical and medical specialties after graduation was independently employed in a state organization not in the specialty (for example: akimat, tax committee, PSC, etc.), will this work be counted?
Answer: No, it is not possible to count the working out in the above-mentioned organizations, namely in akimats, tax committees, PSC, etc. According to paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education", citizens who have enrolled in training on the basis of a state educational order in pedagogical, medical specialties, work in state educational organizations, state health organizations, respectively, for at least three years after graduating from the organization of higher and (or) postgraduate education. A young specialist should find a job in a state educational organization (school, kindergarten, nursery, college, university) and a state health organization (hospitals, polyclinics).
Question: A young specialist after graduation, who has partially worked in a state educational organization, quits due to marriage, does the obligation to work out cease?
Answer: In order to fulfill properly the obligation to work out, provided for in paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education", a young specialist is obliged to work in a state educational organization for at least three years after graduating from higher and/or postgraduate education, or register as unemployed at the employment center at the place of residence. In case of non-fulfillment of the obligation to work out, the young specialist is obliged to reimburse the expenses incurred at the expense of budgetary funds in connection with his training to the republican budget.
Question: A young specialist, after completing his studies under the state educational order, entered the master's program at a paid department in the same year, does the obligation to work out for this reason cease?
Answer: In this case, a young specialist should apply to the Commission for Personal Distribution, which is created at the relevant organizations of higher and (or) postgraduate education, where the young specialist studied, to obtain exemption from working out provided for by the Law of the Republic of Kazakhstan. In accordance with paragraph 8 of the Rules for sending young specialists to work, approved by the Decree of the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390, the commission is created annually. In turn, according to paragraph 17-2 of art. 47 of the Law of the Republic of Kazakhstan "On Education" provides for norms exempting from compulsory work: upon admission for further study to master's degree, residency, doctoral studies; pregnant women and persons with children up to 3 years old, disabled persons of groups 1 and 2 and in the absence of vacancies at the place of residence, work or passing services of a spouse.
Question: The opportunity to count the training in their specialty in organizations (from the quasi–public sector) with a share of the state (for example, an educational institution is a joint-stock company where 50-100% of the shares belong to the state, etc.)
Answer: In order to fulfill properly the obligation to work out in the pedagogical and medical specialties provided for by the legislation of the Republic of Kazakhstan, a young specialist is obliged to work in a state educational organization and a state health organization. Also, the Law "On State Property" states that a state legal entity is state institutions and state enterprises. It is not possible to count the working out in these organizations.
Question: Are persons who entered the master's program in the following years after graduation exempt from working out?
Answer: According to part 2 of paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education" (hereinafter - the Law), citizens of the Republic of Kazakhstan who entered pedagogical, medical, veterinary specialties on the basis of a state educational order are required to work in state, medical and veterinary educational organizations for at least three years after graduation from the organization of higher and (or) postgraduate education.
Subparagraph 3) Paragraph 17-2 of Article 47 of the Law provides for exemption from the obligation to work out persons enrolled for further study in the master's degree, residency, doctoral studies.
In accordance with part 1 of Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation should be interpreted in accordance with the literal meaning of their verbal expression.
From the meaning of these provisions of the Law, it follows that the Commissions have the right to exempt young specialists and doctors of philosophy (PhD) from working out only in case of admission to master's, residency, doctoral studies in the year of completion of training, but not in subsequent years, that is, when considering the issue of exemption from working out, the time factor must be taken into account, namely, the timeliness of the fulfillment of obligations.
Question: In case of partial completion (not full 3 years), is it possible to pay the amount of debt for the remaining period? Is it possible to pay the amount of tuition arrears by installments?
Answer: According to paragraph 17 of Article 47 of the Law of the Republic of Kazakhstan "On Education" (hereinafter referred to as the Law) and paragraph 4 of the Rules for sending young professionals to Work, approved by the Decree of the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390 (hereinafter referred to as the Rules), citizens enrolled in training in pedagogical and medical specialties on the basis of a state educational order, work in state educational organizations and state healthcare organizations for at least three years after graduation from the organization of higher and (or) postgraduate education. For failure to fulfill the obligation to work out, a young specialist is obliged to reimburse the expenses incurred at the expense of budgetary funds in connection with his training to the republican budget (paragraphs 17-4 of Article 47 of the Law).
In accordance with Articles 272 and 273 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the obligation must be fulfilled properly in accordance with the terms of the obligation, unilateral refusal to fulfill an obligation and unilateral modification of its terms are not allowed.
In accordance with paragraph 1 of Article 349 of the Civil Code of the Republic of Kazakhstan, violation of an obligation is understood as its non-fulfillment or improper fulfillment.
According to the Law and the Rules, there are no norms defining the recalculation of the spent budget funds in the case of partial working off or installments for reimbursement of budget funds related to training. At the same time, the amount of tuition is calculated annually by the decree of the Government of the Republic of Kazakhstan by the average tuition costs of 1 student per academic year.
