Law of the Republic of Kazakhstan on the Status of «Nazarbayev University», «Nazarbayev Intellectual Schools» и «Nazarbayev Foundation»

LAW OF THE REPUBLIC OF KAZAKHSTAN

On the status of “Nazarbayev University”, “Nazarbayev Intellectual Schools” and “Nazarbayev Fund”

(with changes and additions as of July 21, 2015)

This Law determines the legal status and special legal regime for the creation and activities of Nazarbayev University (hereinafter referred to as the University), Nazarbayev Intellectual Schools (hereinafter referred to as the Intellectual Schools) and the Nazarbayev Fund (hereinafter referred to as the Fund), created on the initiative of the First President of the Republic Kazakhstan – Leader of the Nation.

Chapter 1. General Provisions

Article 1. Basic concepts used in this Law

The following basic concepts are used in this Law:

1) autonomous educational organization – a non-profit organization without membership, established by the Government of the Republic of Kazakhstan, the legal status and special legal regime of activity of which are determined by this Law;

2) organizations of the Intellectual Schools – non-profit organizations established by the Intellectual Schools, other legal entities, fifty or more percent of voting shares (stakes in the authorized capital) of which belong to the Intellectual Schools on the basis of ownership or trust, as well as their subsidiaries;

3) educational grant “Nazarbayev University” – a target amount of money provided to students within the framework of the state educational order to pay for education at the University at the appropriate level of education or at the preparatory department under the conditions established by this Law;

4) scholarship “Nazarbayev University” – the amount of money provided to a student under the educational grant “Nazarbayev University”;

5) extracurricular activities – the activities of participants in the educational process of the University, Intellectual Schools, aimed at the comprehensive development and implementation of individual abilities of students, carried out in the form of activities, the list of which is approved by the decision of the relevant board of trustees;

6) the innovation cluster of the University (hereinafter referred to as the innovation cluster) is an association of subjects of research and innovation activities located on the territory of the University, and interconnected suppliers of other goods (works, services) that complement and enhance the competitive advantages of each other due to a high degree of cooperation in the framework of research and development work, technology transfer, commercialization of projects, creation and implementation of new or improved technologies and goods (works, services);

7) organizations of the University – non-profit organizations established by the University, other legal entities, fifty or more percent of voting shares (shares in the authorized capital) of which belong to the University on the basis of ownership or trust management, as well as their subsidiaries. 

Article 2. Legislation of the Republic of Kazakhstan on the University, Intellectual Schools and the Fund

The legislation of the Republic of Kazakhstan on the University, Intellectual Schools and on the Fund is based on the Cоnstitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

  1. The legislation of the Republic of Kazakhstan regulating educational, scientific and (or) scientific and technical activities shall apply to the University, Intellectual Schools, their organizations and the Fund in the part not regulated by this Law.
  2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, then the rules of the international treaty are applied.

Article 3. Principles of the University, Intellectual Schools and the Fund

The activities of the University, Intellectual Schools and the Foundation are based on the following principles:

1) the principle of academic freedom – the independence of the University and the Intellectual Schools in the development and selection of educational programs, forms and methods of educational activities, areas of scientific research;

2) the principle of integration of education, science and production – the inseparability of the educational process from scientific and practical activities at the University and Intellectual Schools, ensuring strategic partnership with organizations of science and entrepreneurship;

3) the principle of autonomy and self-management – the isolation and independence of the University, Intellectual Schools and the Fund in financial, economic, administrative management, decision-making;

4) the principle of collegial decision-making – making decisions related to the activities of the University, the Intellectual Schools and the Fund, their Boards of Trustees, the Supreme Board of Trustees;

5) the principle of social responsibility and transparency – the development and participation of the University, Intellectual Schools and the Fund in socially significant projects in order to improve the well-being of society, ensuring information transparency in all areas of its activities. 

Chapter 2. Legal status of the University, Intellectual Schools and the Foundation

Article 4. Legal status of the University, Intellectual Schools and the Foundation

The University is an autonomous educational organization created for the purpose of carrying out educational activities, including additional education, scientific and (or) scientific and technical activities, creating a modern educational, scientific infrastructure and other activities in accordance with its charter.

The educational activities of the University are carried out at the following levels of education:

1) post-secondary education;

2) higher education;

3) postgraduate education.

The University is an experimental platform for the development, monitoring, research, analysis, testing, implementation and implementation of innovative programs in the field of education and science.

  1. Intellectual schools are an autonomous educational organization created for the purpose of carrying out educational activities, including in the field of additional education.

Intellectual schools carry out educational activities at the following levels of education:

1) primary school, including preschool education and training;

2) basic school;

3) high school.

Intellectual schools have the right to carry out other activities in accordance with its charter.

Intellectual schools are an experimental platform for the development, monitoring, research, analysis, testing, implementation and implementation of modern models of educational programs and technologies.

  1. The founder of the University and Intellectual Schools is the Government of the Republic of Kazakhstan.
  2. The Foundation is а nоn-profit organization created in the organizational and legal form of the foundation solely to provide funding for the activities of the University and the Intellectual Schools, as well as their organizations.

Article 5. Property of the University and Intellectual Schools

The property of the University and the Intellectual Schools is formed by:

1) targeted contributions of the founder;

2) state property transferred by the decision of the Government of the Republic of Kazakhstan;

3) voluntary property contributions and donations;

4) financing provided by the Fund;

5) receipts (incomes) from the sale of goods, works, services in cases established by the legislation of the Republic of Kazakhstan;

6) dividends (income, interest (interest) received on shares, bonds and deposits (deposits);

7) other receipts not prohibited by the laws of the Republic of Kazakhstan.

The property of the University and the Intellectual Schools, formed in accordance with this paragraph, belongs to them by right of ownership.

The University and the Intellectual Schools use their property exclusively to achieve the goals of their creation.

  1. The University and Intellectual Schools, as well as their organizations, have the right to receive a state assignment, a state educational order and a state order for the provision of a guaranteed volume of free medical care in accordance with the legislation of the Republic of Kazakhstan.

2-1. An autonomous educational organization has the right:

1) redistribute earmarked funds in accordance with the instructions of its supreme governing body or the chairman of the Supreme Board of Trustees;

2) to redistribute the funds of the targeted contribution arising as a result of savings on expenditures directed to capital investments, as well as on expenditures not related to capital expenditures, between organizations of the autonomous organization of education and (or) directions of expenditures in accordance with the statutory goals for their development.

Funds of the targeted contribution, unused (underutilized) during the financial year, by the decision of the board of trustees of the autonomous educational organization can be transferred to subsequent financial years.

2-2. The transfer of state property to the ownership of autonomous educational organizations on the basis of subparagraph 2) of paragraph 1 of this article is carried out free of charge in the manner established by the legislation of the Republic of Kazakhstan. The state-owned land plot is provided to the ownership of the University on a gratuitous basis in the manner established by the Land code of the Republic of Kazakhstan.

  1. The founder has no property rights to the property of autonomous educational organizations.

The founder is not responsible for the obligations of the autonomous educational organizations created by him, and they are not responsible for the obligations of the founder.

Article 6. Governing bodies of the University, Intellectual Schools and the Fund

  1. The supreme governing body of the University, Intellectual Schools and the Foundation is the Supreme Board of Trustees.

The first chairman of the Supreme Board of Trustees is the Leader of the Nation Nursultan Abishevich Nazarbayev.

The regulation on the Supreme Board of Trustees is approved by the first chairman of the Supreme Board of Trustees.

  1. The structure, competence, formation procedure, terms of office of the members of the Supreme Board of Trustees, the procedure for making decisions are determined by this Law, as well as the regulations on the Supreme Board of Trustees.
  2. The competence of the Supreme Board of Trustees includes:

1) approval of long-term development strategies of the University, Intellectual Schools and the Fund;

2) approval of the procedure for the disposal of property;

3) introduction of amendments and additions to the statutes of the University, Intellectual Schools and the Foundation, their adoption in a new edition;

4) formation of the Board of Trustees of the University, Intellectual Schools and the Fund, appointment and termination of the powers of members of the Board of Trustees;

5) making a decision on the reorganization, liquidation of the University, Intellectual Schools and the Fund;

6) other powers in accordance with the regulations on the Supreme Board of Trustees.

  1. The governing bodies of the University, the Intellectual Schools and the Fund, carrying out the general management of their activities, are permanent board of trustees.

The structure, competence, formation procedure, terms of office of members of the Board of Trustees of the University, Intellectual Schools and the Fund, the procedure for their decision-making are determined by this Law, as well as their charters.

  1. The competence of the Board of Trustees of the University, Intellectual Schools and the Foundation includes:

1) approval of annual and medium-term budgets;

2) determination of the quantitative composition of the executive bodies of the University, Intellectual Schools and the Fund, election of their heads and members or persons solely performing the functions of the executive body, as well as early termination of their powers;

3) approval of the rules for the procurement of goods, works, services;

4) other powers in accordance with this Law, the legislation of the Republic of Kazakhstan, the charters of the University, Intellectual Schools and the Fund.

  1. The Board of Trustees of the University and the Intellectual Schools includes representatives of the founder, scientific and pedagogical workers, representatives of public associations and other persons. Civil servants participate in the management of the University, Intellectual Schools and the Foundation when they are appointed to the governing bodies of these legal entities.
  2. The management of the current activities of the University, the Intellectual Schools and the Fund is carried out by their executive bodies. Executive bodies can be collegial or sole.

The executive bodies of the University, the Intellectual Schools and the Fund act on the basis of and in pursuance of the decisions of the Supreme Board of Trustees, the Board of Trustees of the University, Intellectual Schools, the Fund and are accountable to them.

The structure, competence, procedure for the formation and terms of office of the executive bodies of the University, the Intellectual Schools and the Fund are determined by their charters.

  1. Other bodies may be created at the University, Intellectual Schools and the Foundation in accordance with their statutes.

Article 7. Reorganization, liquidation of the University, Intellectual Schools and the Fund

  1. The University, Intellectual Schools and the Foundation are subject to reorganization, liquidation in accordance with this Law, the legislation of the Republic of Kazakhstan and their charters.
  2. In the event of the liquidation of the University, Intellectual Schools, the Fund, the property remaining after the satisfaction of creditors’ claims is directed to the purposes specified in their constituent documents.

Chapter 3. Special legal regime for the activities of the University, Intellectual Schools and the Foundation 

Article 8. Licensing, certification and accreditation of educational activities of the University and Intellectual Schools

  1. The University, Intellectual Schools, their organizations, as well as foreign legal entities that implement and (or) implement educational programs at the University and (or) Intellectual Schools carry out educational activities without a license.
  2. State attestation, provided for by the legislation of the Republic of Kazakhstan on education, is not carried out in relation to the University and the Intellectual Schools
  3. Accreditation of the University and the Intellectual Schools, their organizations is carried out by an accreditation body, including a foreign one, determined by the decision of the relevant Board of Trustees.

Article 9. Features of the implementation of educational activities by the University and its organizations

  1. The University and its organizations carry out educational activities on the basis of independently developed educational programs, as well as educational programs of foreign partners.

The university independently determines the directions and approves the list of extracurricular activities.

Educational work is carried out by the University in accordance with the concept of educational work and the formation of Kazakhstani patriotism, approved by the University Board of Trustees.

  1. The procedure for organizing educational activities, managing the quality of education and implementing educational monitoring, admission to training, monitoring progress, intermediate and final certification of students is determined by the University and its organizations independently in accordance with their charters.
  2. The university and its organizations independently approve the form of the contract for the provision of educational services.
  3. Organizations of the University carrying out educational activities issue documents on the appropriate level of education and (or) qualifications to persons who have completed training in the educational programs implemented in them and have passed the final certification. The form of education documents and the procedure for filling them out are approved by the organizations independently.
  4. The University issues documents on the appropriate level of education and (or) qualifications to persons who have completed training in the educational programs implemented in it and have passed the final certification. The unified form of education documents and the procedure for filling them out are approved by the Board of Trustees of the University.
  5. Documents on the appropriate level of education and (or) qualifications issued by the University, its organizations give their holders the rights provided for holders of state-recognized education documents.

Article 10. Features of the implementation of educational activities by the Intellectual Schools

  1. Intellectual schools implement independently developed educational programs, as well as educational programs of foreign partners.

Educational programs are implemented in the Intellectual Schools according to the levels of education established by this Law.

Intellectual schools independently determine directions and approve a list of extracurricular activities.

Educational work is carried out by the Intellectual Schools in accordance with the concept of educational work and the formation of Kazakhstani patriotism, approved by the Board of Trustees of the Intellectual Schools.

  1. Intellectual schools independently approve the rules:

1) admission to training;

2) educational activities, including extracurricular activities;

3) experimental activities;

4) current monitoring of progress, intermediate and final certification of students;

5) external assessment of the educational achievements of students;

6) educational monitoring and assessment of the quality of education;

7) advanced training of teaching staff;

8) certification of teaching staff and the frequency of its implementation.

Management of the quality of education in the Intellectual Schools is carried out in the manner determined by the Intellectual Schools independently.

  1. Persons trained in the Intellectual Schools are exempted from the unified national testing.
  2. Intellectual schools issue documents on the appropriate level of education to persons who have completed training in the educational programs being implemented and have passed the final certification, which are equated to state-recognized education documents. The unified form of education documents and the procedure for filling them out are approved by the Board of Trustees of the Intellectual Schools.
  3. The authorized body in the field of education issues certificates on the results of the unified national testing to persons who have received a document on education upon graduation from the Intellectual Schools to participate in the competition for educational grants. The points of the certificates are established by translating the final grades (points) according to the scale approved by the authorized body in the field of education. 

Article 11. Implementation by the University of scientific and (or) scientific and technical activities

  1. The University carries out scientific and (or) scientific and technical activities, conducts scientific research at the expense of grant, program-targeted funding and other sources of funding not prohibited by the legislation of the Republic of Kazakhstan.
  2. The University has the right to create branch research centers.
  3. The University and its sectoral scientific centers are exempt from accreditation of their scientific and (or) scientific and technical activities, provided for by the legislation of the Republic of Kazakhstan on science.
  4. The University has the right to participate in the practical application (commercialization) of the results of scientific and (or) scientific and technical activities.

The income of the University and its sectoral research centers, obtained as a result of the practical application (commercialization) of the results of scientific and (or) scientific and technical activities, are directed exclusively to their development.

Article 12. Features of attracting foreign labor by the University, Intellectual Schools and the Fund

  1. Attraction by the University, Intellectual Schools, their organizations, as well as by the Fund of foreign workers for the positions of managers and specialists with higher education is carried out without obtaining permits to attract foreign labor.
  2. A document that gives the right to engage in medical activities or testifies to the qualification category received by specialists abroad, invited to carry out professional medical activities at the University or its medical organizations, is equated to a specialist certificate without assigning a category valid in the territory of the Republic of Kazakhstan.

Article 12-1. Grants and scholarships for the educational process at the University and Intellectual Schools

  1. Education at the University is carried out on the basis of an educational grant “Nazarbayev University”, an international educational grant of the First President of the Republic of Kazakhstan – Leader of the Nation, other grants and scholarships, as well as on a paid basis.

The educational grant “Nazarbayev University” can be awarded to citizens of the Republic of Kazakhstan, stateless persons permanently residing in the territory of the Republic of Kazakhstan, accepted for study at the University, as well as foreigners in accordance with international treaties of the Republic of Kazakhstan.

An international educational grant of the First President of the Republic of Kazakhstan – Leader of the Nation is established by the President of the Republic of Kazakhstan and may be awarded to foreigners, stateless persons admitted to study at the University in cases not provided for in part two of this paragraph.

  1. The quota for admission of foreigners and stateless persons entitled to study at the University at the expense of the educational grant “Nazarbayev University” is determined annually by the Government of the Republic of Kazakhstan within the framework of the approved state educational order. The proposal on the size of the admission quota is submitted by the University to the authorized body in the field of education.
  2. The awarding of the educational grant “Nazarbayev University” to the students is carried out by the University independently in accordance with the charter and internal documents of the University.
  3. The University independently manages the funds of the educational grant “Nazarbayev University”, ensuring its intended use by awarding, depriving or redistributing among students.
  4. When forming the cost of the educational grant “Nazarbayev University”, the costs associated with the organization of the educational process of the University are taken into account. The directions of expenditures taken into account in the cost of the educational grant “Nazarbayev University” are approved by the Board of Trustees of the University.

The norms of expenditures taken into account in the cost of the educational grant “Nazarbayev University” are approved in accordance with the internal documents of the University. The procedure for the appointment and payment of the Nazarbayev University scholarship is determined in accordance with the internal documents of the University.

The size of the educational grant “Nazarbayev University” is considered by the authorized body in the field of education on the basis of the application of the University and approved by the Government of the Republic of Kazakhstan.

  1. Payment for the education of gifted children in the Intellectual Schools is carried out by awarding them on a competitive basis an educational grant of the First President of the Republic of Kazakhstan – the Leader of the Nation “Orken”.

The rules for awarding and the size of the educational grant of the First President of the Republic of Kazakhstan– Leader of the nation «Orken» are approved by the Government of the Republic of Kazakhstan.

  1. The University and Intellectual Schools have the right to establish other educational grants, scholarships and payments to students at their own expense or other sources not prohibited by the legislation of the Republic of Kazakhstan. The amount and procedure for the provision of other educational grants, scholarships and payments are determined by the University and the Intellectual Schools independently.

Article 12-2. Innovation cluster

  1. The elements of the infrastructure of the innovation cluster are:

1) University;

2) schools and research centers of the University;

3) the central office for science;

4) commercialization office;

5) experimental and experimental shop;

6) contract research center;

7) business incubator;

8) science park;

9) technology park.

  1. Participants of the innovation cluster are assigned one of the following categories:

1) an innovator;

2) an innovative company;

3) a high-tech company;

4) research center.

  1. The category “innovator” is assigned to an applicant who meets the following conditions:

1) the applicant is an individual;

2) the applicant carries out scientific, scientific and technical activities and (or) development work and is a participant in the process of commercialization of the results of scientific research, scientific, scientific and technical activities and development work on the basis of the commercialization office, experimental workshop;

3) the activities of the applicant are aimed at the transfer of technologies, the creation and (or) promotion of new or improved industries, technologies, goods (works, services) that are the result of scientific research and development.

  1. The category “innovative company” is assigned to an applicant who meets the following conditions:

1) the applicant is a legal entity or a branch, a representative office of a legal entity, including a foreign one;

2) the applicant is a participant in the process of commercialization of the results of scientific research and development work on the basis of a business incubator, a technology park, a science park, a contract research center;

3) the applicant’s activities are aimed at the transfer of technologies, the creation and (or) promotion of new or improved industries, technologies, goods (works, services) that are the result of scientific research and development.

  1. The category “high-tech company” is assigned to an applicant who meets the following conditions:

1) the applicant is a legal entity;

2) the applicant is a member of the scientific park and its activities are aimed at the production of products included in the list of activities for the production of high-tech products, approved by the Government of the Republic of Kazakhstan.

  1. The category “research center” is assigned to an applicant who meets the following conditions:

1) the applicant is a legal entity or a branch, a representative office of a legal entity, including a foreign one;

2) the applicant is a member of a science park and carries out research and development activities.

  1. The rules for selection, assignment and deprivation of the status of a participant in an innovation cluster, as well as the procedure for the operation of an innovation cluster are approved by the University Board of Trustees.
  2. The University and its organizations provide the participants of the innovation cluster with support measures in the manner determined by the University Board of Trustees.

The measures of support provided by the University and its organizations to the participants of the innovation cluster include:

1) financing, including co-financing, leasing financing and grant financing of projects of the participants of the innovation cluster;

2) making investments in the authorized capital of the participants of the innovation cluster;

3) providing the participants of the innovation cluster with qualified human resources;

4) placing orders for research projects to the participants of the innovation cluster;

5) providing the participants of the innovation cluster with the necessary premises;

6) providing the participants of the innovation cluster with access to the laboratory equipment of the University and its organizations, as well as the library funds of the University;

7) other support measures determined by the University Board of Trustees.

Article 13. Final provisions

  1. This Law shall enter into force upon the expiration of ten calendar days after its first official publication.
  2. Within six months from the date of entry into force of this Law, the founder decides on the establishment of the University and Intellectual Schools, including through the reorganization of the relevant legal entities with the participation of the state in the authorized capital.
  3. Prior to the adoption by the Supreme Board of Trustees of the Charters of the University, Intellectual Schools and the Foundation, these organizations operate on the basis of the Charters approved by their founders.

 

 

President

of the Republic of Kazakhstan

  1. NAZARBAYEV

Astana, Akorda,

January 19, 2011

No. 394-IV ZRK