Legal successor to the Kazakh leading architecture and civil engineering academy and the Kazakh-American University
MANDATORY TRAINING FOR YOUNG SPECIALISTS AND DOCTORS OF PHD
Citizens who enrolled in doctoral studies under the program of doctors of philosophy (PhD) on the basis of a state educational order are required to work in institutions of higher and (or) postgraduate education or scientific organizations for at least three years after completion of training.
Here you will find answers to your questions.
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 in:
- within the limits of the quota for pedagogical, medical and veterinary specialties, they 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 state healthcare organizations;
- educational grants in all other specialties are worked out in organizations, regardless of the form of ownership (since 2017, admission, young professionals);
- doctors of philosophy PhD work in organizations of higher and (or) postgraduate education or scientific organizations.
Question:
How is the placement of graduates carried out and who is doing this?
Answer:
Commissions on personal distribution are created annually for pedagogical and veterinary specialties at the relevant universities of the Republic of Kazakhstan, in which 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, personal distribution of young specialists and PhD doctors is carried out and is carried out 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 ROK 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 /Doctor of Philosophy (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 Government for Citizens State Corporation, with the time of being registered as unemployed during the working period, provide a document confirming registration at the Employment Center in Financial Center JSC to the supervising manager.
Question:
When should the graduate arrive at the place of work?
Answer:
Young specialists and PhD doctors who have completed their studies this year, 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?
Answer:
JSC "Financial Center", as an 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 out, JSC "Financial Center" works with a young specialist and PhD doctors: 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 how long?
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 for 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 doctors (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:
1) persons in the absence of vacancies in the locality at the place of residence, work or service of the spouse (spouse);
2) disabled persons of group I and II;
3) persons enrolled for further study in a master's degree, residency, doctoral studies (on a paid basis, by state order or upon admission to 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 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-out 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 graduation from the organization of higher and (or) postgraduate education. A young specialist must find a job in a state educational organization (school, kindergarten, kindergarten, college, university) and a state health organization (hospitals, polyclinics).
QUESTION:
A young specialist after graduation, who has partially worked in a state educational organization, is dismissed due to marriage, does the obligation to work out cease?
Answer:
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 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 magistracy at the 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, in order 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 mandatory working out: when enrolling for further study in a master's degree, residency, doctoral studies; pregnant women and persons with independently raising children under 3 years of age, disabled people of groups 1 and 2 and in the absence of vacancies at the place of residence, work or service of a spouse or spouse.
QUESTION:
The ability 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 properly fulfill 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 referred to as 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 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 in installments (in 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 specialists to work, approved by the Government of the Republic of Kazakhstan dated March 30, 2012 No. 390 (hereinafter referred to as the Rules), citizens who enrolled in training in pedagogical and medical specialties on the basis of a state educational order, they are worked out in state educational organizations and state health organizations for at least three years after the end of the organization of higher and (or) postgraduate education. For failure to fulfill the obligation to work, a young specialist is obliged to reimburse the costs incurred from budget funds in connection with his training to the republican budget (paragraph 17-4 of article 47 of the Law).
In accordance with Art. 272 and 273 of the Civil Code of the Republic of Kazakhstan (hereinafter - the Civil Code of the Republic of Kazakhstan), the obligation must be performed properly in accordance with the terms of the obligation, unilateral refusal to fulfill the obligation and unilateral change of its conditions are not allowed.
In accordance with paragraph 1 of Art. 349 of the Civil Code of the Republic of Kazakhstan, a violation of an obligation is understood to mean its failure to perform, or improperly performed.
According to the Law and the Rules, there are no provisions that determine the recalculation of spent budget funds in the event of partial working off or installments to reimburse budget funds associated with training. At the same time, the amount for training is added up annually by a decree of the Government of the Republic of Kazakhstan with the average cost of training 1 student per academic year.