Question: What regulatory legal acts provide for the obligation to train young professionals who have been trained on the state educational order?
Answer: In accordance with paragraph 17 of Article 47 of the Law "On Education" of the Republic of Kazakhstan, a mandatory three-year training after the 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 the Republic of Kazakhstan.:
- within 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 in pedagogical and medical specialties in state educational organizations and state health organizations;
- doctors of philosophy PhD work in organizations of higher and (or) postgraduate education or scientific organizations
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 doctors of philosophy PhD complete their studies, and for medical specialties, the Commission is created in the authorized body in the field of healthcare.
Commissions, personal distribution of young specialists and PhD doctors is made and is carried out on the basis of the employer's request.
Personal distribution of PhD candidates 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 defined 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 the state educational order, approved by the PP of the Republic of Kazakhstan No. 390 of March 30, 2012.
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?
Answer: No, if a young specialist has completed training under the rural quota for pedagogical and medical specialties in accordance with 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 of 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 web portal "e-government" or the State Corporation "Government for Citizens", with the time spent on the account 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 PhD candidates who have completed their training in the current year will arrive at the place of work in the field 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 the obligations to work out?
Answer: JSC "Financial Center" as the 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 out.
In the case of identified violations of working out, JSC "Financial Center" works with a young specialist and PhD doctors: preparing a written notification of mandatory working out, calling young specialists at the contacts specified by them, searching through social networks. And in the 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?
Answer: When entering or conscripting 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 setting off the time of service in the period of working out.
Question: In what cases, and what categories of graduates are exempt from working out?
Answer: The 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 Specialists or the Commission for the Personal Distribution of Doctors of Philosophy 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 the relevant documents) to the following categories:
- persons in the absence of vacancies in the locality at the place of residence, work or service of the spouse (spouse);=
- disabled people of group I and II;
- persons who have entered for further study in the master's program, residency, doctoral program (on a state grant);
- pregnant women, persons who have, as well as independently raise a child (children) under the age of three years.
Answer: For the proper performance of the duty of working 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 of the population 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 budget funds in connection with his training to the republican budget.
Question: The possibility 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 – a joint-stock company, where 50-100% of the shares belong to the state, etc.)
Answer: For the proper performance of the duties of working 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 the state educational organization and the state health organization. The Law" On State Property " also states that a state legal entity is a state institution and state-owned enterprises. It is not possible to count the work-out in these organizations.
Question: Are those 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 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 the end of the organization of higher and (or) postgraduate education.
Subparagraph 3) 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 program.
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 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 the case of admission to the master's program, residency, doctoral program 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 the case of partial completion (not full 3 years), is it possible to pay the amount owed for the remaining period? Is it possible to pay the amount of outstanding tuition fees in parts (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 Professionals to Work, approved by the Government of the Republic of Kazakhstan No. 390 of March 30, 2012 (hereinafter referred to as the 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 completing 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 republican budget (p.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 - 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 perform the obligation and unilateral change of its terms are not allowed.
