Article 44. Management of educational organizations The Law on Education

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1. Management of educational organizations is carried out in accordance with the legislation of the Republic of Kazakhstan, the standard rules of activity of educational organizations of the corresponding type and the charter of the educational organization on the principles of unity of command and collegiality.

2. The direct management of the educational organization is carried out by its head.

3. The head of an educational organization is appointed and dismissed in accordance with the procedure established by the legislation of the Republic of Kazakhstan, with the exception of the first heads of individual state organizations of higher and (or) postgraduate education, the procedure for appointment and dismissal of which is determined by the Government of the Republic of Kazakhstan.

The order of appointment and dismissal of the first heads of the Academy of Justice, academies of Public Administration, law enforcement agencies, as well as the National Defense University of the Republic of Kazakhstan is determined by the President of the Republic of Kazakhstan.

The list of state organizations of higher and (or) postgraduate education, the first heads of which are appointed and dismissed by the Government of the Republic of Kazakhstan, is approved by the authorized body in the field of culture in coordination with the authorized body in the field of science and higher education.

4. Excluded by the Law of the Republic of Kazakhstan dated 24.10.2011 No. 487-IV (effective after ten calendar days after its first official publication).

5. The head of a state educational organization is certified once every three years in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

The procedure for passing the certification of the first heads of individual state organizations of higher and (or) postgraduate education, who are appointed and dismissed by the central executive body responsible for leadership and intersectoral coordination in the field of culture, in coordination with the authorized body in the field of science and higher education, is determined. It is determined by the central executive body responsible for leadership and intersectoral coordination in the field of culture, in coordination with the authorized body in the field of science and higher education.

5-1. The rotation of the first heads of state educational organizations is carried out in order to ensure more effective use of their professional potential.

The rotation of the first heads of state educational organizations is carried out within the same locality.

The terms and conditions for the rotation of the first heads of state educational organizations are determined by the rules for the rotation of the first heads of state educational organizations.

6. The head of a state educational organization (except for medical and pharmaceutical educational organizations), in coordination with the state management body, appoints and dismisses the chief accountant.

7. Heads of state educational organizations are prohibited from combining their positions with other leadership positions (except for scientific and methodological guidance) inside or outside the educational organization.

8. The official duties of heads of state educational organizations may not be performed concurrently.

9. Collegial management bodies are being created in educational organizations.

The forms of collegial management of an educational organization may be the council (academic council) of an educational organization, the board of trustees, pedagogical, methodical (educational, methodological, scientific and methodological) councils and other forms, the standard rules of organization of which, including the procedure for their election, are approved by the authorized body in the field of education.

9-1. The collegial management body of the state organization of technical and vocational education, by agreement, includes a representative of the National Chamber of Entrepreneurs of the Republic of Kazakhstan.

9-2. In organizations of higher and (or) postgraduate education established in the organizational and legal form of a non-profit joint-stock company, the exclusive competence of the Board of directors includes the functions provided for by the Law of the Republic of Kazakhstan "On Joint-Stock Companies", sub-paragraphs 1), 3), 6), 7) paragraph 2, sub-paragraphs 1), 4) and 5) paragraph 3 and subparagraph 1) the first part of paragraph 4 of Article 43-1 of this Law, as well as:

1) approval of staffing levels;

2) approval of tuition fees for educational programs of higher and (or) postgraduate education;

3) approval of the form and requirements for completing own-sample educational documents;

4) making decisions on the establishment and liquidation of academic structural units.

9-3. Excluded by the Law of the Republic of Kazakhstan dated 26.06.2021 No. 56-VII (effective ten calendar days after the date of its first official publication).

10. This article applies to educational organizations established in the organizational and legal form of a state-owned enterprise with the right of economic management with a supervisory board, non-profit and commercial organizations to the extent that they do not contradict the provisions established by the laws of the Republic of Kazakhstan "On State Property", "On Non-profit Organizations" and "On Joint-Stock Companies".

The Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III.

This Law regulates public relations in the field of education, defines the basic principles of state policy in this field and is aimed at ensuring the constitutional right of citizens of the Republic of Kazakhstan, as well as foreigners and stateless persons permanently residing in the Republic of Kazakhstan, to education.

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Republic of Kazakhstan

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