Compulsory service of young specialists and PhD

 
Question: What normative legal acts provide for the obligation to train young specialists who have been trained on a state educational order?
Answer: In accordance with paragraph 17 of article 47 of the Law "On education" of RK mandatory three-year testing after the completion of the organization of higher and (or) postgraduate education is vested in citizens trained on the basis of state educational order in:
- within the quota for pedagogical, medical and veterinary specialties are required to work in state educational organizations, state medical organizations, state veterinary organizations located in rural areas;
- educational grant for pedagogical and medical specialties in state educational organizations and public health organizations;
- educational grants for all other specialties are worked out in organizations, regardless of the form of ownership (since 2017, young professionals);
- PhD work in organizations of higher and (or) postgraduate education or scientific organizations
Question: How are graduates assigned to work and who is responsible for this?
Response: Commissions for personal distribution are created annually for pedagogical and veterinary specialties at the relevant universities of the Republic of Kazakhstan, where young specialists and PhD complete their training, and for medical specialties, the Commission is created in the authorized body in the field of health.
Commissions, personal distribution of young specialists and doctors of philosophy PhD is made and carried out on the basis of the employer's request.
Personal distribution of PhD is carried out according to the submitted documents and on the basis of information provided by the authorized bodies, according to the requests of universities and scientific organizations about the need for personnel.
This procedure is established by Regulations on the specialist work, the granting of the right of self-employment, exemption from duties or termination of duties working off of citizens trained on the basis of state educational order, approved by GD RK dated March 30, 2012 № 390.
Question: Does a graduate who has completed training under the rural quota have the right to work in the city in a state educational organization or in a state health organization?
Response: No, if a young specialist has completed training under the rural quota for teaching and medical specialties in accordance with paragraph 17 of article 47 of The law "on education", the young specialist must 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?
Response: According to paragraph 17-1 of the ROK PP dated March 30, 2012 No. 390, in the absence of vacant jobs, a young specialist /doctor of philosophy (Phd) must register as a job seeker directly at the employment center at the place of residence or through the web portal "e-government" or the State Corporation "Government for citizens", with the time spent on the account as an unemployed in the period of working off, provide a document confirming registration in the employment Center in JSC "Financial center" to the supervising Manager.
Question: When should the graduate arrive at the place of work?
Response: Young specialists and PhDs who have completed their studies in the current year will arrive at the place of work in the direction 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 to work out?
Response: JSC "Financial Center" as an operator of the authorized body in the field of education provides monitoring and control over the compliance of graduates with their obligations to work out or reimburse budget expenditures in case of non-work.
In case of detected violations of working out, JSC "Financial Center" works with a young specialist and PhD: preparing a written notice of mandatory working out, calling young specialists at the contacts specified by them, searching through 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 the postponement granted to the graduate, and for how long?
Response: When receiving or conscription for military service of young professional respite (decision of the Commission on personal distribution of young specialists and PhD, issued an additional protocol on the basis of a written application and supporting documents) and period of service without offset-time service in the period of mining.
Question: In which cases, and which categories of graduates are exempt from working out?
Response: 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 PhD (The Commission for the distribution of higher and (or) postgraduate education or the authorized body in the field of health is preparing an additional protocol, must be confirmed by relevant documents) to the following categories:
1) to persons in case of absence of vacancies in the locality at the place of residence, work or service of the spouse);
2) disabled people of group I and II;
3) persons who have entered for further training in the master's degree, residency, doctorate (on a paid basis, state order or when entering a foreign educational organization);
4) pregnant women, persons who have, as well as independently raising a child (children) under the age of three years.
Question: A young specialist who was trained on the basis of a state educational order in medical 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?
Response: No, it is not possible to count the work done in the above 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 are enrolled in training on the basis of a state educational order for pedagogical and medical specialties, work in state educational organizations, state health organizations, respectively, for at least three years after the organization of higher and (or) postgraduate education. A young specialist must find a job in a state educational organization (school, kindergarten, nursery, college, university) and a state health organization (hospitals, clinics).
Question: Young professional after graduation, partly spent in a public educational institution, is dismissed in connection with marriage, whether stops the obligation to community service?
Response: in order to properly fulfill 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 must work in a state educational organization for at least three years after completing higher and/or postgraduate education, or register as an unemployed person in the employment center at the place of residence. In case of failure to fulfill the obligation to work out, the young specialist is obliged to reimburse the expenses incurred at the expense of budget funds in connection with his training to the national budget.
Question: A young specialist, after completing training under the state educational order in the same year, entered the master's program at a paid department, does the duty to work for this reason stop?
Response: In this case, the young person must contact the commission on personal distribution, which is created when the relevant institutions of higher and (or) post-graduate education, where he trained young professional, to gain exemption from testing under the Law. In accordance with paragraph 8 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, 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 rules that exempt from mandatory work-out: when entering for further training in the master's degree, residency, doctoral studies; pregnant women and persons with independently raising children up to 3 years old, disabled people of group 1 and 2, and in the absence of vacancies at the place of residence, work or service of the spouse.
Question: The ability to count the completion of their specialty in organizations (from the quasi-public sector) with a share of the state (for example, an educational institution-a joint-stock company where 50-100% of the shares belong to the state, etc.)
Response: In order to properly fulfill the obligation to work in the pedagogical and medical specialties provided for by the legislation of the Republic of Kazakhstan, a young specialist must work in the state educational organization and the state health organization. Also, the Law "On state property" States that a state legal entity is a state institution and state-owned enterprises. It is not possible to count working hours in these organizations.
Question: Are those who have entered the master's program in the following years after graduation exempt from working out?
Response: 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 have 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 completing higher and (or) postgraduate education.
Subparagraph 3) of paragraph 17-2 of article 47 of the Law provides for an exemption from the obligation to work out persons who have entered for further training in the master's program, 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 must be interpreted in accordance with the literal meaning of their verbal expression.
From the meaning of specified provisions of the Act that the Commission have the right to release young professionals and doctors of philosophy (PhD) is currently testing only in case of admission to master course, residency, doctoral degree in the year of completion of education but not in subsequent years, that is, when considering the issue of exemption from testing must take into account the time factor, namely, the timeliness of performance.
Question: In case of partial completion (not full 3 years), can I pay the amount owed for the remaining period? Is it possible to pay the amount of tuition arrears in parts (in installments)?
Response: According to paragraph 17 of article 47 of the Law of the Republic of Kazakhstan "on education" (hereinafter-the Law) and paragraph 4 of the Rules for sending young professionals to work, approved by the government of the Republic of Kazakhstan dated March 30, 2012 No. 390 (hereinafter – Rules), citizens who have entered training in pedagogical and medical specialties on the basis of a state educational order, work in state educational organizations and state health organizations for at least three years after 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 budget funds in connection with his training to the national budget (paragraph 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 CC RK), the obligation must be performed properly in accordance with the terms of the obligation, unilateral refusal of execution of obligations and unilateral change of its conditions are not allowed.
In accordance with paragraph 1 of article 349 of the civil code of the Republic of Kazakhstan, a violation of an obligation is understood as its non-performance or improper performance.
According to the Law and the Rules, there are no rules that determine the recalculation of 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 cost of training 1 student per academic year.