On approval of the agreement between the Republic of Tajikistan, the Kyrgyz Republic, The Republic of Kazakhstan and the Imamate of Ismailis on the establishment of the Central Asian University
Law of the Republic of Kazakhstan dated June 26, 2001 N 216-II
Approve the agreement between the Republic of Tajikistan, the Kyrgyz Republic, The Republic of Kazakhstan and the Imamate of Ismailis on the establishment of the University of Central Asia, signed in Astana on August 31, 2000.
The Republic Of Kazakhstan
President
REPUBLIC OF TAJIKISTAN, KYRGYZ REPUBLIC, KAZAKHSTAN
THE REPUBLIC OF KAZAKHSTAN AND THE IMAMATE OF ISMAILIS
CENTRAL ASIAN UNIVERSITY
Agreement on the establishment of this agreement ("agreement"):
Republic of Tajikistan, on behalf of the president of the Republic of Tajikistan; Kyrgyz Republic, on behalf of the president of the Kyrgyz Republic;
Republic of Kazakhstan, on behalf of the president of the Republic of Kazakhstan;
Each of the republics listed above is hereinafter referred to as "constituent states;
And among the Imamat of Ismailis
49 of the Shi'i Imami Ismaili Muslims were created on behalf of the successor Imam, His Majesty Aga Khan ("Ismaili Imamate"). The founding States and Ismaili Imamates are hereinafter collectively referred to as "founders". Taking into account the need for the economic, social and cultural initiatives that preserve and improve the natural and cultural heritage of the peoples of the Central Asian mountainous region (defined above) through means of economic development, social and cultural initiatives, modern education, as well as communication, which includes states, sovereign regions located on the border and borders between the Altai and the Caucasus Mountains area, known as the Pamirs, Karakorum, Hindukush, Himalayas, Tien Shan, Alatau, Altai, Kopetdag; Considering that the self-sufficiency and well-being of the Central Asian mountainous region can be improved through joint actions that strengthen ties between the countries of the region and through the effective sharing of collective learning practices, as meeting the need for the economic, social and cultural development of the Central Asian mountainous region can be accelerated, in particular, through the creation of higher education institutions; Taking into account the desire of the founders to create an international educational organization (International Educational Institution) ("University") and such a creative University, whose activities are aimed at the economic, social and cultural development of the entire Central Asian mountainous region, in order to acquire modern skills and provide them with higher education that opens up new opportunities for improving the quality of their living conditions, as well as becoming productive members of society,, considering that the Ismaili Imamate is an institution established by the Ismaili Imamate, including the Aga Khan Development Organization ("AKDN"), working through many international development agencies and organizations, contributing to the promotion of initiatives in the economic, social and cultural spheres in the Central Asian Highlands; the above-mentioned project Ismaili Imamate and the Republic of Tajikistan
Considering that it was established in Dushanbe on the initiative of the Ismaili Imamate in accordance with the provisions of the development cooperation agreement signed on May 23, 1995 ("AKDN agreement with the Republic of Tajikistan"); taking into account the desire of the founders to attract and inspire other countries ("States Parties") to participate in the development of the University in the Central Asian Highlands and other regions;
THE FOUNDERS AGREED ON THE FOLLOWING:
Article 1: the founders of the University, referred to by this document in the following languages, founded this university as an international educational organization (International Educational Institution): in Tajik: Donishgohi Osiei Markazy in Kyrgyz: Borbarduk Asian University in Kazakh: Central Asian University in Russian: University Central Asia in English: University of Central Asia
The university is a self-governing International Organization of higher education (international educational institution), established for the purposes of non-public (private), autonomous, non-commercial (not pursuing a profit-making goal) and education formed by the Charter of the University (as set out below), and it has full academic freedom to achieve its goals. All degrees, certificates, diplomas and other academic titles issued by the University are recognized in the Republic of Tajikistan, the Kyrgyz Republic and the Republic of Kazakhstan. The university is open to those who wish to be academically qualified to take the course of study offered by the University, regardless of gender, religion, race, ethnicity, national identity and place of residence. No one may be denied University benefits for reasons of gender, religion, race, nationality, ethnicity, or place of residence. The qualities of candidates who are recognized with a high level of competence, integrity and work efficiency to achieve the goals of the University are a criterion for the selection of the academic and administrative staff of the University; freedom of expression and the freedom to disseminate their research and each academic work is given to the academic staff of the University in order to These research and academic papers may be published in print, electronic media, and other forms of publication. The university enjoys various privileges, benefits and exemptions, which are set out in detail in the Charter ("Charter") of the University attached to the agreement and as an addition to this Agreement a, confirmed and approved by the Founders by this document.
The university is a self-governing International Organization of higher education (international educational institution), established for the purposes of non-public (private), autonomous, non-commercial (not pursuing a profit-making goal) and education formed by the Charter of the University (as set out below), and it has full academic freedom to achieve its goals. All degrees, certificates, diplomas and other academic titles issued by the University are recognized in the Republic of Tajikistan, the Kyrgyz Republic and the Republic of Kazakhstan. The university is open to those who wish to be academically qualified to take the course of study offered by the University, regardless of gender, religion, race, ethnicity, national identity and place of residence. No one may be denied University benefits for reasons of gender, religion, race, nationality, ethnicity, or place of residence. The qualities of candidates who are recognized with a high level of competence, integrity and work efficiency to achieve the goals of the University are a criterion for the selection of the academic and administrative staff of the University; freedom of expression and the freedom to disseminate their research and each academic work is given to the academic staff of the University in order to These research and academic papers may be published in print, electronic media, and other forms of publication. The university enjoys various privileges, benefits and exemptions, which are set out in detail in the Charter ("Charter") of the University attached to the agreement and as an addition to this Agreement a, confirmed and approved by the Founders by this document.
Article 2: status of the University a - legal status 2.1 the University is an international educational organization and is considered an independent legal entity with the right to work in each of them in accordance with the laws of the constituent states. The university operates on a permanent basis, it has the right to carry out its activities, to be guided by the laws of the constituent states and any agreement on Cooperation concluded between the University and each constituent state, as well as the Treaty in its activities in each constituent state in accordance with the Charter. 2.2 the University is recognized as a legal entity in each constituent state from the date of entry into force of the agreement in the relevant constituent state. The university will be registered in the State Register of legal entities in each constituent state and will then start its activities. 2.3 the University is an intellectual, non-public (private), autonomous, non-commercial (not pursuing the goal of profit) and self-governing International Organization of Education (International Educational Institution), pursuing the goals specified in this charter. In accordance with the national laws of the constituent states, after the approval (entry into force) of the agreement, the constituent states guarantee the issuance of a license to the University. Such a license will be issued in the form of a permanent license or a temporary license issued for a certain reasonable period of time, and the temporary license will be replaced by a permanent license after the application is submitted by the university in accordance with the relevant national laws of the founding States. Degrees, titles, diplomas and other certificates awarded by the University are recognized and considered equivalent to degrees, titles, diplomas and other certificates awarded by recognized Universities of the constituent states. 2.4 the University has the right to conclude agreements on its behalf and acquire land use rights and other property rights, to assume obligations, to be a plaintiff and defendant in courts, arbitration and arbitration courts, to install equipment for training and research, to establish the basis of administrative offices and auxiliary services on the territory of the constituent state, as well as outside it. It may be established by the laws of the constituent states that, regardless of any restrictions on land rights, the University will be granted the right to use the land on which the university campuses are located. 2.5 the University has the right to carry out the import and export of machinery, equipment, building materials, goods and services related to its activities, as well as to fill out and sign customs declarations on the territory of any constituent, state in connection with the above. The provisions of this article regarding special categories of goods and substances, such as weapons, toxic substances, narcotic substances and radioactive materials and materials used for dual purposes, established by the national laws of the constituent states, may be implemented only through permits (licenses) of the constituent states. 2.6 the University has the right to borrow and lend money. The university may partially or completely pledge its assets and property and use these assets and property as a replacement for a loan for other types of collateral for its obligations, as well as in connection with other obligations of the University. 2.7 the University has the right to open, maintain and use bank accounts in the national currency of any country of the constituent states, as well as in any other currency, as established by the decision of the Board of Trustees. 2.8 the University has the right to engage in any activity that generates income in accordance with the legal norms (regulatory requirements) of the constituent states. 2.9 if the income of the University at any time exceeds its expenses, then the difference will be directed to further education, research and services within the framework of the tasks of the University. 2.10 the university has a seal, the type of which is determined by the decision of the Board of Trustees. 2.11 the address of the Registered Office of the University in each constituent state is the location of the University premises. This address is notified to the State Registrar of legal entities in the respective countries. The university will also have an international address at the headquarters of the Aga Khan Development Organization in Geneva, Switzerland. 2.12 the University has all other rights and powers of a legal entity in accordance with the laws of the respective constituent states. B-financial status 2.13 the University is exempt from payment in connection with the establishment and operation of the University in the constituent states, as well as from fees and all existing or future national, regional, district and city direct and indirect payments. Any activity carried out outside the purposes of the University, generating profit, is subject to taxes in accordance with the laws of the constituent states. The university has the right to use priorities, rates and fees that are no less convenient than the priorities, rates and fees that apply to public services in public institutions and universities. 2.14 all employees of the University working in the constituent states, who are not their citizens or permanent residents, are considered its foreign employees. All of the above-mentioned foreign employees of the University are exempt from paying contributions to the Social Security System. The income of foreign employees of the University in connection with their work at the University is not taxed in the constituent states and is exempt from all state, regional, municipal and local taxes, including. The above-mentioned foreign employees have the right to export their income earned at the University without restrictions. In the constituent states, income received by foreign employees of the University from other sources is taxed in the respective constituent states, with the exception of income earned at the University. Foreign employees of the University have the right to bring personal and household accessories to the constituent states. These items may include one car for personal use by each foreign employee of the University, and are exempt from all import duties, including sales tax and Value Added Tax, if these items are imported or purchased within six months of the first arrival of a foreign employee of the University in the constituent state. Foreign employees of the University have benefits similar to those mentioned above when exporting personal items during their departure from the Founding state, while foreign employees have the right to sell personal items and household items that they do not need at any time. The provisions of this article do not apply to citizens of the constituent states during their work in the states of which they are citizens. 2.15 the international organizations mentioned in the Charter, including the AKDN agencies and organizations and all international bilateral and multilateral donors, development agencies and institutions, the foundations are transferred, (or contributed to the transfer) to the Aga Khan University Foundation established and operating under Swiss law (AKUF), which is an organization not subordinate to the University or the international government, and to any charitable foundation established by it in relation to the activities of the University, since AKUF manages this fund of the University,, unlimited exemption from collection of taxes for all forms of technical and intellectual property. 2.16 individuals during their lifetime and as heirs, the University has the right to receive gifts, contributions and donations in cash and in kind for the purposes and objectives of the University. All such gifts received from legal entities and individuals are completely excluded from the income of donors or donors in the respective constituent states without restrictions. 2.17 taxation of citizens of the constituent states and their social protection will be regulated in accordance with the relevant national laws of the constituent states. In such cases, the respective national taxes would be withheld by the University and paid to the respective constituent states.
Article 3: location of the University the University organizes its main campus in the city of Khorog, in the mountainous Badakhshan Autonomous Region of the Republic of Tajikistan. As integral parts of the University, academic programs and premises can also be organized in the Kyrgyz Republic and the Republic of Kazakhstan.
Article 4: the board of Trustees shall be the Board of Trustees of the University in order to further develop the University, guarantee stable financial support, strengthen its material and technical base and continue its activities in accordance with the goals and objectives set out in the Charter. The Board of Trustees of the university must exercise general supervision and control over the management and management of the University, determine and implement the University's policy in relation to its entire activities, funds and real estate, regardless of where it is located.
Article 5: stability of status any changes in the laws of the constituent states may not contribute to the deterioration of the duties, financial, legal or academic status of the University or the rights to all contributions, monetary donations and to ensure the activities of the University on the part of any individuals, companies and international organizations. The provisions of this article must be implemented in accordance with the Constitutions of the constituent states, which are of the first degree.
Article 6: protection of funds the constituent states shall not carry out the nationalization or confiscation of any property, assets and funds of the University, or take any action with consequences such as nationalization or confiscation. In exceptional cases, the provisions of this article are implemented in accordance with their relevant laws, taking into account the national interests of the constituent states.
Article 7: amendments to the contract and Charter cannot be made without the unanimous written approval of each of the founders, except for the provisions detailed in Article 16 of the Charter. Such amendments are considered legally binding and come into force after approval by all three constituent states.
Article 8: settlement of disputes all disagreements related to the implementation of this agreement will be resolved through an agreement of a friendly nature through negotiations between the founders. When conducting such negotiations, the founders must take into account the interests of both the founders, as well as the interests of the University. Founders in order to maintain good relations between the founders and the University, disagreements between them are committed
it is necessary to do everything possible in order to regulate the intention and on a fair basis.
Article 9: languages this treaty was drawn up by the founders in Tajik, Kyrgyz, Kazakh, Russian and English in five original copies, each of which has the same legal force. If there is a difference of opinion when interpreting this condition, the English version is the main one.
Article 10: accession to the treaty any other state wishing to make a contribution to the development of the University or use its programs or services may become a state party in accordance with the provisions of Article 15 of the Charter.
ARTICLE 11: TERMINATION OF THE CONTRACT
Each founder of this treaty has the opportunity to terminate the force under the approval of his people's laws and Parliament. In this case, it is necessary to warn the state-Founder other founders, two years before the time of termination of the force, which was conceived in the written form.
Article 12: the Charter of entry into force is an integral part of this treaty. This Agreement and Charter will be legally binding and will enter into force after approval in at least two constituent states. This Agreement and Charter shall be legally binding and shall enter into force in that state after its approval in the third constituent state.
The agreement of the DDDN with the Republic of Tajikistan, which signed this agreement, is binding on the Imamate of Ismailis.
Article 13: copies this agreement will be concluded in five copies, each of which is considered original, but they all constitute a specific document, while each copy will be signed by the Imamate of Ismailis. This agreement was signed in the cities and days specified by the founders in their respective signatures, and the date of conclusion of the agreement will be the date of the last signing. From the Republic of Tajikistan to the Kyrgyz Republic _____________________________ _______________________________ President President Dushanbe Bishkek date: August 28, 2000 date: August 30, 2000 from the Ismaili Imamate of the Republic of Kazakhstan _____________________________ _______________________________
President 49-successor Imam Astana city Astana date: August 31, 2000 date: August 31, 2000 Appendix " A " Republic of Tajikistan Kyrgyz Republic Republic of Kazakhstan and Charter of the Central Asian University founded by the Imamate of Ismailis
The University of Central Asia is an international educational organization (International Educational Institution) founded by the Ismaili Imamate, whose successor Imam is the messenger of His Majesty Aga Khan, 49 of the Muslims of the Republic of Tajikistan, the Kyrgyz Republic, The Republic of Kazakhstan and the Shia Imami Ismaili, in accordance with the agreement of the founders of the University of Central Asia signed on August 31, 2000.
Introduction the University is an international educational organization (international educational institution) that aims to provide education, research and long-term improvement of the economic and social conditions of the mountain population in general in the Central Asian Highlands (defined below), to preserve and develop the natural environment and cultural values they adhere to
considering that it was created as an international organization to provide programs for the provision of services that meet the highest international quality; and also considering that the founders want to involve and inspire countries in the Central Asian Mountain region to create and develop this International University:
Article 1: founders 1.1. the founders of the University are: the Republic of Tajikistan, on behalf of the president of the Republic of Tajikistan; the Kyrgyz Republic, on behalf of the president of the Kyrgyz Republic; the Republic of Kazakhstan, on behalf of the president of the Republic of Kazakhstan; as well as on behalf of the Imamate of Ismailis, the successor Imam of 49 Ismaili Muslims is His Majesty Aga Khan. 1.2. University name: Tajik: Donishgohi Osiei Markazi Kyrgyz: Borbarduk University of Asia Kazakh: University of Central Asia Russian: University of Central Asia English: University of Central Asia
1.3. the University has its main campus in the city of Khorog in the mountainous Badakhsha autonomous region of the Republic of Tajikistan. As integral parts of the University, academic programs and premises can also be organized in the Kyrgyz Republic, The Republic of Kazakhstan and the participating states.
Article 2: definitions the capitalized words used in this Charter have the meanings defined in Article 2. 2.1. " AKDN "refers to a network of international development agencies and organizations known as the" Aga development organization " established by the Ismaili Imamate and which includes the Aga Khan Foundation, the Aga Khan Education Service, the Aga Khan Health Service, the Aga Khan Planning and construction service, the Aga Khan University, the Aga Khan culture office and the Aga Khan Economic Development Fund; 2.2. "Council "refers to the Council of Trustees of the University referred to in Article 10; 2.3. the sovereign territory of the" Central Asian Highlands "includes States located within or bordering the Highlands between the Altai and Caucasus Mountains district, known as the Pamirs, Sarakorim, Hindu Kush, Himalayas, Tien Shan, Alatau, Altai, Kopetdag; 2.4. "Chancellor" refers to the Chancellor of the University referred to in Article 7; 2.5. "Founders-founders "means the president of the Republic of Tajikistan, the president of the Kyrgyz Republic and the president of the Republic of Kazakhstan, referred to in Article 5; 2.6." founders "means the Republic of Tajikistan, the Kyrgyz Republic, The Republic of Kazakhstan and the Imamate of Ismailis; 2.7." founding states " means the Republic of Tajikistan, the Kyrgyz Republic and the Republic of Kazakhstan; 2.8. "International organizations" means agencies and organizations of the DCC and other international development organizations, charitable organizations, educational organizations, multilateral financial institutions and other international organizations, the United Nations, the Commission of the European Union, the International Bank for Reconstruction and development, the Asian Development Bank, the European Bank for Reconstruction and development, the Islamic Development Bank, their agencies and other similar international bodies; 2.9. "State party "means any state referred to in Article 16, which has entered into a cooperation agreement with the University, agrees to comply with this Charter in accordance with its cooperation laws and this Charter, and takes all measures necessary to grant legal force to such agreement; 2.10." Guardian "means the trustees referred to in Article 5; 2.11." Vice-Chancellor "means the Deputy Chancellor of the university appointed in accordance with Article 8; 2.12." Rector " means the rector of the university appointed in accordance with Article 9; 2.13. The " treaty "refers to the Treaty of the founding University of Central Asia dated August 31, 2000, which is an international treaty concluded between the Republic of Tajikistan, the Kyrgyz Republic, The Republic of Kazakhstan and the Imamate of Ismailis, represented by His Majesty Aga Khan, the successor Imam of 49 Shia Imami Ismaili Muslims; 2.14." University " refers to the University of Central Asia.
Article 3: duties and activities of the University the duties and activities of the University include the following: 3.1. to promote the dissemination of knowledge, technology and provide training, scientific research, training and training by visual methods in order to develop mountainous regions and their peoples, as well as other areas of knowledge, the mastery of which can be determined by the University's decision, confirmed by the award of degrees, diplomas, certificates and other academic titles; 3.2. The doors of the University are open to all those who wish, regardless of gender, religious religion, race, ethnicity, nationality, and place of permanent residence, provided that such persons are academically prepared to study the subjects taught at the University; none of the persons who satisfy this requirement may be deprived of access to the University based on gender, religion, race, ethnicity, nationality, place of permanent residence. 3.3. The university is a fully independent institution that freely, without any restrictions, manages its teaching activities aimed at achieving its goals, namely: 3.3.1 selection and verification of students ' knowledge; 3.3.2 awarding academic degrees, diplomas, certificates and other outstanding marks; 3.3.3 selection, appointment, promotion and dismissal of teaching staff and other employees; 3.3.4 determine the training courses necessary to study the problems of the development of mountainous regions and their inhabitants, as well as other issues at the University's discretion; 3.3.5 establish and determine the amount of tuition fees and other fees, as well as establish the amount of possible benefits; 3.3.6 conduct research work; 3.3.7 creation and development of research stations, continuing education centers, correspondence training centers, organizations and Centers for the organization and conduct of production work in order to increase the number of types of employment of the population; 3.3.8 provision of consulting services, implementation of representative functions, marketing research and provision of services to individuals and organizations; 3.3.9 joining other organizations or forming associations and establishing faculties, institutes and programs to improve the performance of their functions and tasks in the Republic of Tajikistan, the Kyrgyz Republic, The Republic of Kazakhstan or the Participating States (if any); 3.3.10 defining teaching methods and strategies to achieve greater effectiveness of educational and other programs; 3.3.11 training primarily in English, as well as in the languages of the Central Asian Highlands and other languages; 3.3.12 publication and dissemination of information through print and electronic media, including the creation of web sites on the Internet; 3.3.13 ownership, creation and management of radio and television stations, other types of electronic means and devices in accordance with the relevant rules and norms of the founding State and the participating states in order to provide services for the provision of internet access, correspondence training and other educational goals of the University. 3.4. teaching and administrative staff of the University: 3.4.1. The university has the right to invite and hire leading teachers, researchers, administrative staff and experts from other countries, including persons with experience in the field of development problems of mountainous regions and their peoples or experience in related fields; 3.4.2. 3.4.3.uses freedom of expression to publish and disseminate information about their research and academic activities in print, electronic and other ways to achieve the goals of the University. 3.5. The university has the right to establish and apply a recruitment policy based on the rules, sequence, conditions necessary for hiring on the same grounds, taking into account personal qualities, achievements, experience and the presence of a resident of the country of residence. 3.6. the University May, at its own discretion, use the equipment and staff of any organization, including the Aga Khan Development Organization, for research, teaching and other academic activities. 3.7. The university may enter into agreements, contracts and agreements with governments, organizations, institutions and individuals to achieve its goals and carry out its activities, as well as other acts necessary to achieve its goals. 3.8. All employees of the University, University officials, members of the Board of trustees, faculty, students and all employees involved in the work of the university, full-time employees, visitors, volunteer employees, consultants, experts, agents and contractors, including all employees without restrictions, these persons enjoy the freedom to travel anywhere in accordance with the laws of the people and the norms of international law. In this regard, the founding States and participating states grant the University's employees permission to enter and leave the territory of their state and, at the request of the University, issue the appropriate exit, transit and entry visas and the necessary residence permits in that country in accordance with the laws of their state. 3.9. The university may obtain the right to use the land in accordance with the relevant laws of the constituent states and participating states, and has the right to design, build, expand and use the structures and buildings necessary to carry out activities and achieve the above-mentioned goals. 3.10. each constituent state and state party has the right to:
in accordance with the laws of the Republic of Kazakhstan, the University has the right to apply for licenses for all types of activities that require a license to implement its goals, and to obtain this license. 3.11. the University may conduct any legal activity aimed at achieving its goals.
ARTICLE 4: UNIVERSITY STATUS A-LEGAL STATUS
4.1. the University is an international educational organization (International Educational Institution) and is considered an independent legal entity that has the right to work in each of them in accordance with the laws of the constituent states and participating states. The university operates on a permanent basis, it has the right to carry out its activities in each constituent state and state party and to be guided by the laws of the constituent states and any agreement on Cooperation concluded between the University and each constituent state and state party, as well as this agreement in the course of its activities in accordance with the Charter. 4.2.from the moment of entry into force (ratification) of the agreement in each constituent state, the University is recognized as a legal entity in that constituent state. The university has the right to register in the State Register of legal entities in each constituent state and state party and begins to carry out its activities after registration. 4.3. the University is a private (non-state), independent, non-commercial (not pursuing the goal of profit) and self-governing intellectual Organization (international educational institution) aimed at international higher education, pursuing the goals specified in this charter. The founding states guarantee that they will license the University after the treaty has been ratified (entered into force) in accordance with the laws of the founding states. This license will be issued in a permanent form or issued in the form of a temporary license issued for a reasonable period of time, after which, in accordance with the current laws of the constituent states, the University must obtain the same permanent license after submitting an application and order for a permanent license. Degrees, titles, diplomas and other certificates awarded by the University are recognized in the founding States or participating states and are considered equivalent to degrees, titles, diplomas and other certificates awarded by the Universities of those states. 4.4. The university has the right to conclude agreements on its own behalf and receive land use rights and other property rights, to assume obligations, to be a plaintiff and defendant in courts, arbitration and arbitration courts, to install equipment for conducting training and research, to build premises of administrative offices and auxiliary services on the territory of the constituent state, as well as outside it. As may be in the laws of the founding States or participating states, the University will be granted the right to use the land on which the university campuses will be located, regardless of the restriction of land rights. 4.5. the University has the right to import and export machinery, equipment, building materials, goods and activities related to its activities, as well as to fill out and sign customs declarations on the territory of any constituent state and state party, as indicated above. The provisions of this article in respect of goods and substances defined as weapons, toxic substances, narcotic substances and radioactive materials and auxiliary materials in accordance with the applicable national laws of the constituent states and states parties may be implemented only with the permission (license) of the constituent state and the state party. 4.6. the University has the right to borrow and lend money. The university may pledge its assets and property in whole or in part and use these assets and property for other types of collateral, as well as for other obligations of the University, necessary for the transfer of these assets and property to credit. 4.7. the University has the right to open, manage and use bank accounts in any of the constituent states and participating states in the national currency of those states, as well as in any foreign currency in accordance with the decision determined by the Board of Trustees. 4.8. In accordance with the requirements, (legal norms) regulated by the laws of the constituent states, the University has the right to carry out any type of activity for the purpose of profit. 4.9.if the income of the University exceeds the expense at some point, its difference will be spent on further education, research and services carried out in accordance with the tasks of the University. 4.10. the University has a seal, the sample of which is approved by the decision of the Board of Trustees. 4.11. The location of the university premises is the address of the Registered Office of the University in each constituent state or state party. This address is notified to the State Register of legal entities in the respective countries. The university also has an international address as the head office of the Aga Khan Development Organization, located in Geneva, Switzerland. 4.12. the University has all other rights and powers belonging to a legal entity in accordance with the current laws of each constituent state and participating states. 4.13. the founders are not responsible for the tasks of the University. B-financial status 4.14. the University is exempt from payment, as well as collection and payment of all taxes in the form of general state, regional, district and city direct and future applicable, indirect, applicable or applicable for the establishment and operation of the University in the constituent states and participating states. For any activity carried out outside the purposes of the university that generates profit, the University is subject to taxes in accordance with the laws of the constituent states and participating states. The university enjoys priority rights in relation to rates and fees, which are granted to municipal services, which are no less convenient than the preferential rights, rates and fees applicable to public institutions and universities. 4.15. All employees who are not citizens or permanent residents of the constituent states and participating states are considered foreign employees of the University. All foreign employees of the above-mentioned University are exempt from paying contributions in accordance with the Social Security System. The income of foreign employees at the university due to their employment at the University is exempt from taxation in the constituent states and participating states, including all national, regional, municipal and local taxes. The above-mentioned foreign employees have the right to take away the income received by their labor at the University without restrictions. Income received by foreign employees of the University in the constituent states or states parties from other sources, excluding income received at the University, is taxed in accordance with the laws of the respective constituent states or states parties. Foreign employees of the University have the right to bring personal and household supplies during their stay on the territory of the constituent states. These items may include one car provided for personal use by each foreign employee of the University, and items imported or sold within six months of the first arrival of a foreign employee of the University in the relevant constituent states, which are exempt from all import duties. Given that foreign employees have the right to sell their personal and household supplies at any time, which they do not need, when the founder leaves the state, they receive the same benefits when exporting personal items as when importing them. The provisions of this article do not apply to citizens of the constituent states or participating states, if the same citizens hold a position in their state. 4.16. International organizations, including DDDN agencies and organizations and all international bilateral and multilateral donor agencies, - all forms of material, technical and intellectual property transferred (or contributed to transfer) to the University or to the Aga Khan University Foundation, which is an international non-governmental organization established and operating on the basis of Swiss law (AKUG), and any charitable foundation established under it, are exempt from paying taxes related to the activities of the University due to the fact that AKUG manages this fund of the University. 4.17. For its purposes and objectives, the university has the right to receive contributions, donated items, cash and cash and gifts in kind from individuals, during their lifetime and as heirs to them. All such gifts received from legal entities and individuals, without limitation or in full, shall not be attributed to the income of donors or irrevocable givers in the constituent states and participating states to which they belong. 4.18. founding States and participating states
taxation of citizens and their social protection will be regulated in accordance with the relevant national laws of the constituent states and participating states. The University withholds and pays the respective national taxes to the constituent states in such cases.
Article 5: trustees of the University 5.1. trustee founders of the University: His Excellency Emomali Sharipovich Rakhmonov, President of the Republic of Tajikistan; His Excellency Askar Akayevich Akayev, President of the Kyrgyz Republic; His Excellency Nursultan Abishevich Nazarbayev, President of the Republic of Kazakhstan. 5.2.subsequent presidents of the Republic of Tajikistan, the Kyrgyz Republic and the Republic of Kazakhstan may also act as Guardians. 5.3.the head of state of each state party is The Guardian.
Article 6: staff positions of the university staff positions of the University include: 6.1.1. Chancellor; 6.1.2. Deputy Chancellor; 6.1.3. Rector; 6.1.4. other responsible executors nominated by the Board of Trustees and approved by the Chancellor.
ARTICLE 7: UNIVERSITY CHANCELLOR
7.1.the first Chancellor of the University is His Majesty Aga Khan, the Imam of the Shi'ite Imam Ismaili Muslims. His successor, appointed as Imam, will be the next chancellor of the University. Further, each successor Imam of the Shia Imami Ismaili Muslims is thus appointed Chancellor of the University. In accordance with the laws of the constituent states, a person specially appointed as a follower of the imam in writing to assist the imam until he reaches the age of majority, before the Imam reaches the age of majority, may exercise the rights assigned to the imam in this document. 7.2. if the Chancellor personally participates in University meetings, he must preside over such meetings at which the affairs of the University are resolved. 7.3.each proposal of the Board of Trustees on awarding an honorary degree must be approved by the Chancellor.
Article 8: Deputy Chancellor 8.1. the Chancellor, at his / her discretion, appoints the deputy chancellor according to the conditions determined by him / her and for the term determined by him / her. 8.2.in case of absence of the Chancellor or inability to perform his duties, the Deputy Chancellor will perform the duties of the Chancellor. 8.3. the Deputy Chancellor will perform absolutely all other duties assigned to him by the Chancellor.
Article 9: rector 9.1. The Chancellor appoints the rector of the University from a list of several persons nominated for selection, on the recommendation of the Board of Trustees, on the basis of the conditions determined by his resolution and for a period determined by him. The rector must be a well-known scientist in his country or abroad or a qualified expert in the field of administrative activity. 9.2. the Rector is the main academic official of the University and is the main administrative person of the University, unless the Board of Trustees pursues another goal. The rector is responsible for the implementation and implementation of the University program in accordance with the main guidelines and general policies established by the Board of Trustees, as well as for the implementation of the decisions and policies of the Board of Trustees. In particular, the Rector is entrusted with the following tasks: 9.2.1. submit work plans and a draft budget for consideration by the Board of Trustees; 9.2.2. Management of activities related to the implementation of training programs, training courses, research, development of outstanding teaching aids, provision of services, permission to use services, as well as expenses provided for in the budget approved by the Board of Trustees; 9.2.3. appointment of full-time staff of university teachers and administrative staff in accordance with the methods and procedures approved by the Board of Trustees in order to ensure the highest intellectual and moral qualities of the appointed persons; 9.2.4. Submission of reports on the activities of the University to the Board of Trustees in accordance with the procedure established by the board of trustees; 9.2.5. development and revision of regulations and regulations to ensure the effectiveness of the University; 9.2.6. provision of any other services to the University and the Board of Trustees in accordance with the procedure established by the Board of Trustees.
Article 5: trustees of the University 5.1. trustee founders of the University: His Excellency Emomali Sharipovich Rakhmonov, President of the Republic of Tajikistan; His Excellency Askar Akayevich Akayev, President of the Kyrgyz Republic; His Excellency Nursultan Abishevich Nazarbayev, President of the Republic of Kazakhstan. 5.2.subsequent presidents of the Republic of Tajikistan, the Kyrgyz Republic and the Republic of Kazakhstan may also act as Guardians. 5.3.the head of state of each state party is The Guardian.
Article 6: staff positions of the university staff positions of the University include: 6.1.1. Chancellor; 6.1.2. Deputy Chancellor; 6.1.3. Rector; 6.1.4. other responsible executors nominated by the Board of Trustees and approved by the Chancellor.
ARTICLE 7: UNIVERSITY CHANCELLOR
7.1.the first Chancellor of the University is His Majesty Aga Khan, the Imam of the Shi'ite Imam Ismaili Muslims. His successor, appointed as Imam, will be the next chancellor of the University. Further, each successor Imam of the Shia Imami Ismaili Muslims is thus appointed Chancellor of the University. In accordance with the laws of the constituent states, a person specially appointed as a follower of the imam in writing to assist the imam until he reaches the age of majority, before the Imam reaches the age of majority, may exercise the rights assigned to the imam in this document. 7.2. if the Chancellor personally participates in University meetings, he must preside over such meetings at which the affairs of the University are resolved. 7.3.each proposal of the Board of Trustees on awarding an honorary degree must be approved by the Chancellor.
Article 8: Deputy Chancellor 8.1. the Chancellor, at his / her discretion, appoints the deputy chancellor according to the conditions determined by him / her and for the term determined by him / her. 8.2.in case of absence of the Chancellor or inability to perform his duties, the Deputy Chancellor will perform the duties of the Chancellor. 8.3. the Deputy Chancellor will perform absolutely all other duties assigned to him by the Chancellor.
Article 9: rector 9.1. The Chancellor appoints the rector of the University from a list of several persons nominated for selection, on the recommendation of the Board of Trustees, on the basis of the conditions determined by his resolution and for a period determined by him. The rector must be a well-known scientist in his country or abroad or a qualified expert in the field of administrative activity. 9.2. the Rector is the main academic official of the University and is the main administrative person of the University, unless the Board of Trustees pursues another goal. The rector is responsible for the implementation and implementation of the University program in accordance with the main guidelines and general policies established by the Board of Trustees, as well as for the implementation of the decisions and policies of the Board of Trustees. In particular, the Rector is entrusted with the following tasks: 9.2.1. submit work plans and a draft budget for consideration by the Board of Trustees; 9.2.2. Management of activities related to the implementation of training programs, training courses, research, development of outstanding teaching aids, provision of services, permission to use services, as well as expenses provided for in the budget approved by the Board of Trustees; 9.2.3. appointment of full-time staff of university teachers and administrative staff in accordance with the methods and procedures approved by the Board of Trustees in order to ensure the highest intellectual and moral qualities of the appointed persons; 9.2.4. Submission of reports on the activities of the University to the Board of Trustees in accordance with the procedure established by the board of trustees; 9.2.5. development and revision of regulations and regulations to ensure the effectiveness of the University; 9.2.6. provision of any other services to the University and the Board of Trustees in accordance with the procedure established by the Board of Trustees.
Article 10: board of trustees 10.1. the Board of trustees includes: 10.1.1. the chairman appointed by the Chancellor; 10.1.2. one representative of the trustee, appointed from each constituent state, who is a well-known scientist or prominent figure widely known in his country and abroad; 10.1.3. One representative of the guardian, appointed from each state party, known as a well-known scientist or a prominent figure in his country and abroad, as well as representatives of the States Parties Included in the Board of Trustees, the number of which in no case should not exceed two, and if the number of States Parties is more than two, then the representatives of the Guardians of each state party shall enter the Board of Trustees on the principle of substitution and shall be determined on the basis of drawing lots; 10.1.4. Six representatives of the Aga Khan Development Organization (scientists or prominent figures with national or international authority) and some of the representatives appointed by the Aga Khan Foundation or other agency of the Aga Khan Development Organization may be from the mountain region of Central Asia; 10.1.5. Rector; 10.1.6. the number of persons who have gained international authority due to their experience and achievements, who are elected to membership in accordance with the provisions of paragraphs 10.1.1-10.1.5, as well as whose candidates are approved by the Chancellor, shall be three. 10.2. The board of trustees exercises general supervision and control over all activities of the University, determines and directs the policy regarding the work of the University, regardless of where its premises are located, including, without limitation, the functions listed below, namely: 10.2.1. possession of property, funds and resources of the University, control, management, obtaining loans and obtaining funds with the necessary collateral in accordance with the goals of the University; 10.2.2. Formation and approval of principles, policies and plans based on the implementation of the University's activities, so that the teaching staff uses academic freedom in their research and teaching; 10.2.3. development and revision of regulations and regulations to ensure the highest efficiency of the University's activities; 10.2.4. Consideration and approval of the creation of any permanent component of the university, such as a college, faculty, Institute, programs, standing committees, councils and other administrative organizations necessary to promote or improve the work of the University, and these components are not recognized as separate legal entities; 10.2.5. approval of the work plan and annual budget of the University provided by the Rector; 10.2.6. establishment and determination of the amount of tuition fees and other fees, as well as establishing the range of benefits that can be granted; 10.2.7. Request and Review reports submitted by the rector on the activities of the University and the implementation of work plans, as well as request reports from the Rector on any issues that attract the attention of the Board of Trustees; 10.2.8. creation or liquidation of teaching or administrative positions necessary to achieve the goals of the University and approval of those appointed to such positions; 10.2.9. 10.2.10.approve the creation of all branches or other organizations of this type through which organizations or individuals can contact the University; 10.2.11. 10.2.12.take the necessary or appropriate initiatives to ensure the most effective management and functioning of the University. 10.3. members of the Board of Trustees, with the exception of the Rector, remain on the Board of Trustees for three years and may be reappointed after the expiration of this period; in this case, one third of the first Board of Trustees, determined by lot, excluding the Rector, formed in accordance with the charter, leaves the Board of Trustees after the first year of formation of the first Board of Trustees; Another part of the members of the board of Trustees determined by lot leaves the Board of Trustees two years after the formation of the first Council of Trustees, and the last part of the other members of the Board of Trustees determined by lot leaves the Board of Trustees three years after the formation of the first Council of Trustees. 10.4. If a member of the board of trustees applies for resignation, or does not participate in three concurrent meetings of the Board of trustees without good reason, or is changed by the person who nominated his candidacy, his seat is dismissed. 10.5.in case of dismissal of a member of the Board of Trustees, his / her place is taken by the person or organization that nominated the candidacy of the person who left. 10.6.the Board of Trustees determines the sequence of work and may change it periodically. 10.7. If the chairman of the meeting claims that the meeting has a quorum determined by this Charter, and no member of the council opposes such a statement at the meeting by law, the entire decision taken by the council will not be refuted on grounds that the quorum was insufficient for any reason, including a refutation of one or more members on the grounds that they were illegally appointed, or on the grounds that the quorum was insufficient for any reason. 10.8. The actions and decisions of the Board of Trustees have no effect until the Chancellor appoints the first chairman.
Article 11: meetings of the board of trustees 11.1. the Board of Trustees holds regular or scheduled meetings at least once a year, it may also hold a special meeting convened by the chairman at any time or at the place appointed by the chairman at the written request of at least six members of the Board of Trustees. At a special meeting of the board of trustees, it is not necessary for all members to sit and attend themselves, such a meeting can also be held by telephone conference or TV/video link, and for this it is necessary to comply with the requirements set out in paragraph 11.3. A written resolution sent in writing to all members of the board of trustees and adopted by them has the same force as the decision taken at a meeting of the Board of Trustees. 11.2.notification of the meeting of the Board of Trustees must be delivered to all members of the Board of Trustees at least fifteen days before the date of the meeting, and the agenda of the meeting is limited to the issues specified in the agenda document attached to such notification. The term of the notification may be reduced by unanimous written consent of all members of the Board of Trustees or its validity may be suspended. 11.3.half of the members of the Board of Trustees make up the Quorum. 11.4.decisions of the Board of Trustees must express the opinion of the majority of voting members present at the meeting of the Board of Trustees; if the opinion of the members of the Board of Trustees is exactly divided, the Chairman's vote is secondary or decisive. 11.5. In the absence of a chairman, members of the Board of Trustees may elect from among themselves the chairman of the Mazhilis, whose vote is secondary or decisive.
Article 12: university finances 12.1. the university finances its activities from its own funds, which include tuition fees, remuneration, other fees, grants, contributions, cash donations from AKUG and its branches, grants, loans, charitable funds created for the University, as well as income from them or any other legal sources. 12.2. The board of trustees may, under its jurisdiction, accept any contributions, gifts or grants intended for the University, as well as refuse them if they may create a direct or indirect financial obligation for the University or if the source, type of activity or program of receipt is inappropriate in the opinion of the Board of Trustees.
Article 13: AUDIT and accounting 13.1. Accounting at the University is conducted in the same form and in the same manner as the Board of Trustees, and is subject to an annual audit within six months after the end of the financial year of the University. The audit is conducted by an international accounting firm appointed by the Board of Trustees. 13.2. the conclusion of the audit firm that compiled the report and the audit is submitted for approval by the Board of Trustees. 13.3. The audit report confirms that the auditor has performed the audit in accordance with international audit standards and international accounting principles. 13.4.the Board of Trustees may appoint an independent auditor at any time. He, after conducting an audit or examination, submits a report in the form established by the Board of Trustees. An independent auditor is appointed from among the employees of international-level accounting firms appointed by the Board of Trustees.
Article 14: limitation of the jurisdiction of the Chancellor or the Board of Trustees no decision or action or act taken within the scope of applicable laws shall be submitted to the resolution of any competent authorities of the constituent states or states parties, except for the courts.
Article 15: any other state wishing to promote the development of the University or contribute to its programs or services may, with the approval of the Board of Trustees and the Chancellor, become a member of the state party on the terms and conditions determined by the Board of Trustees, agreed with the state party.
Article 16: general provisions 16.1. this charter, except in cases of unanimous consent of the founding States and the Imamate of Ismailis 3, 4, 6, 7, 8, 9, 15 and articles 16 are not subject to change in any way. 16.2.other amendments and additions to the Charter, taking into account paragraph 16.1 above, may be submitted for consideration by the trustees of the constituent states and the Chancellor. Such changes must be applied by at least two-thirds of the total number of members of the Board of Trustees during the resolution. Such amendments and additions to the charter come into force only with the consent of the two trustees and the Chancellor and after registration in the State Register of legal entities in each constituent state and participating state. 16.3. in the implementation of the provisions of this charter, or in the Charter
if problems arise in solving problems or in the process of restoring neglected provisions of the charter, a decision on it is submitted to the Chancellor's resolution, the decision of which is final and binding. 16.4.this charter, prepared in Tajik, Kyrgyz, Kazakh, Russian and English, is confirmed and approved by the founders, and the versions in each of these languages have the same legal force. In case of disagreement in the interpretation of this Charter, the English version is the main one. Specialists: B. A. Kasymbekov Bagarova Zh.A.
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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