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Home / RLA / Article 10. Selection, admission and referral of employees for training in an educational organization The Law on Special State Bodies of the Republic of Kazakhstan

Article 10. Selection, admission and referral of employees for training in an educational organization The Law on Special State Bodies of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 10. Selection, admission and referral of employees for training in an educational organization The Law on Special State Bodies of the Republic of Kazakhstan

      1. They have the right to enroll in military, special educational institutions or educational organizations of foreign countries.:  

      1) according to educational programs of higher education:  

      citizens of the Republic of Kazakhstan who have not completed military service, who reached the age of seventeen in the year of admission, but not older than twenty-one years;  

      citizens of the Republic of Kazakhstan who have completed military service or service in special state bodies, and military personnel undergoing conscription before they reach the age of twenty-four in the year of admission.;  

      military personnel undergoing military service under a contract, or employees serving in special government agencies, until they reach the age of twenty-five in the year of admission.;  

      2) according to educational programs of higher education with a shortened period of study, citizens of the Republic of Kazakhstan who have higher education until they reach the age of at least twenty-two in the year of admission, with the exception of persons with military, special ranks, class ranks of officers;  

      3) according to the educational programs of postgraduate education, employees and military personnel from among the officers with higher education.  

      2. Officers of special state bodies in the direction of personnel bodies have the right to enroll in the National Defense University of the Republic of Kazakhstan in accordance with the legislation of the Republic of Kazakhstan on military service and the status of military personnel.  

      3. The procedure for admission to military and special educational institutions that implement educational programs of the appropriate level is established by the first head of a special state body.  

      4. The procedure for selection and referral to study at educational institutions of foreign countries in accordance with international treaties is established by a joint order of the first heads of special state bodies.  

      5. The beginning of the performance of official duties of a cadet or student is considered to be the date of their enrollment in a military or special educational institution.  

      6. Citizens who have not completed military service, upon enrolling in military, special educational institutions or being sent to study in educational organizations of foreign countries, acquire the status of employees and enter into a contract upon reaching the age of eighteen, but not earlier than the end of the first year.  

      7. Employees who enroll in military or special educational institutions or are sent to study at educational institutions in foreign countries sign a new contract.  

      8. Citizens who have completed military service, as well as those who are undergoing military service under a contract, conscription, when enrolling in military, special educational institutions or being sent to study at educational organizations of foreign countries, conclude a contract from the date of issuing an order appointing a cadet or student.  

      9. Citizens who have enrolled in military or special educational institutions or have been sent to study in educational organizations of foreign countries, conclude a contract for the duration of their studies and at the same time for service in special government agencies for ten years on a calendar basis after completing their training as employees.  

      10. The contract establishes the mutual obligations and responsibilities of the parties (a citizen entering into study and an official of a special state body) and provides for the conditions and terms of further service in special state bodies after graduation.  

      11. Employees who refuse to sign a contract in accordance with the procedure established by this Law are subject to expulsion from military, special educational institutions or educational organizations of foreign countries.  

    12. Citizens who have completed a full course of study in military, special educational institutions, as well as educational organizations of foreign countries, the time of study is equivalent to military service. 

     Cadets who have been expelled from military, special educational institutions or educational organizations of foreign countries, as well as those who refuse to sign a contract, are sent to local military administration bodies for military registration of conscripts and undergo military service in accordance with the established procedure.

      Employees who have been discharged from military, special educational institutions or educational organizations of foreign countries, as well as those who have refused to sign a contract, if they have not served the prescribed period of military service upon conscription, are sent for military registration at their place of residence and are subsequently called up for military service on a general basis.  

     At the same time, cadets and trainees who were expelled for academic failure, on their own initiative, due to the termination of citizenship of the Republic of Kazakhstan and refusal to conclude a contract, dismissed for negative reasons, are obliged to reimburse the state for the budgetary funds spent on their education.

      Employees who studied under postgraduate education programs, who were expelled from military, special educational institutions or educational organizations of foreign countries due to the termination of citizenship of the Republic of Kazakhstan, and who were dismissed for negative reasons, are required to reimburse the state for the budget funds spent on their education.  

     Expulsion from military, special educational institutions or educational organizations of foreign countries is carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan and international treaties.

     Reimbursement to the state of budgetary funds spent on training employees in military, special educational institutions or educational organizations of foreign countries is carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

      The amount of tuition costs is determined by the contract and/or agreements (contracts) concluded with educational organizations of foreign countries for the provision of educational services.  

      13. In case of refusal of an employee to serve after graduation from a military, special educational institution or educational organization of a foreign state and dismissal from service on the grounds provided for in subparagraphs 5), 6), 12-1) and 13) of paragraph 1 of Article 49 of this Law, he is obliged to reimburse the state budget funds spent on his education, in accordance with the procedure established by determined by the legislation of the Republic of Kazakhstan.  

      The amount to be reimbursed is calculated proportionally for each full month underserved before the end of the contract period.  

     14. An agreement (contract) with educational organizations of foreign countries for the provision of educational services establishes the mutual obligations and rights of the parties (the contractor and the customer), the rights and obligations of employees, the amount and procedure for tuition fees, terms of study and living conditions, issues of training, provision of monetary, clothing and other allowances, medical care and insurance provided for by for students in accordance with the national legislation of the parties, unless otherwise provided by international treaties.

 

 

The Law of the Republic of Kazakhstan dated February 13, 2012 No. 552-IV.

This Law defines the status of special state bodies of the Republic of Kazakhstan (hereinafter referred to as special state bodies), regulates public relations related to admission to service in special state bodies, its passage and termination, and also defines the legal status, financial support and social protection of employees of special state bodies.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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