On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the establishment and operation of branches of Higher and Postgraduate Education institutions of the Republic of Kazakhstan in the Russian Federation and branches of educational institutions of Higher Education of the Russian Federation in the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated April 3, 2023 No. 219-VII SAM

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the establishment and operation of branches of organizations of higher and postgraduate education of the Republic of Kazakhstan in the Russian Federation and branches of educational organizations of higher education of the Russian Federation in the Republic of Kazakhstan, signed in Nur-Sultan on February 24, 2022.

     President of the Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the establishment and operation of branches of organizations of higher and postgraduate education of the Republic of Kazakhstan in the Russian Federation and branches of educational organizations of higher education of the Russian Federation in the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,  

      Guided by the provisions of the Agreement on Cooperation on the Formation of a Single (Common) Educational Space of the Commonwealth of Independent States dated January 17, 1997,  

      in the interests of long-term cooperation and deepening integration cooperation in the field of education,  

      in order to ensure the quality of education in the branches of organizations of higher and postgraduate education of the Republic of Kazakhstan located in the territory of the Russian Federation, and branches of educational organizations of higher education of the Russian Federation located in the territory of the Republic of Kazakhstan,  

      have agreed on the following:  

Article 1  

     For the purposes of this Agreement, the term "branch" means a separate structural subdivision of an organization of higher and postgraduate education of the Republic of Kazakhstan located on the territory of the Russian Federation, or a structural subdivision of an educational organization of higher education of the Russian Federation located on the territory of the Republic of Kazakhstan engaged in educational activities in the field of higher and postgraduate education in accordance with the legislation of the States of the Parties, taking into account the specifics of provided for by this Agreement.

      This Agreement does not apply to functioning branches, including the Kazakh branch of Lomonosov Moscow State University, which operates on the basis of an Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on the functioning of the Kazakh Branch of Lomonosov Moscow State University. Lomonosov University dated November 9, 2017, and the Voskhod branch of the Federal State Budgetary Educational Institution of Higher Professional Education Moscow Aviation Institute (National Research University) in Baikonur, operating on the basis of an agreement between the Ministry of Education of the Republic of Kazakhstan and the State Committee of the Russian Federation for Higher Education on the training of specialists in the field of space technology from among citizens of the Republic of Kazakhstan for the Baikonur complex dated August 4, 1995.  

Article 2  

     The authorized bodies of the Parties responsible for the implementation of this Agreement are:

     from the Kazakh Side - the Ministry of Education and Science of the Republic of Kazakhstan;

     On the Russian Side - the Ministry of Science and Higher Education of the Russian Federation, the Federal Service for Supervision of Education and Science.

     The Parties shall immediately send written notifications through diplomatic channels on the change of names and (or) on the transfer to other bodies of the functions of the authorized bodies of the Parties responsible for the implementation of this Agreement.

Article 3

     Branches are established and liquidated in accordance with the laws of the States of the Parties.

     The list of organizations of higher and postgraduate education of the Republic of Kazakhstan, whose branches may be established in the Russian Federation, and the list of educational organizations of higher education of the Russian Federation, whose branches may be established in the Republic of Kazakhstan, are determined by the Subcommittee on Cooperation in Education and Science, established in accordance with the decision of the 21st meeting of the Intergovernmental Commission on Cooperation between the Republic of Kazakhstan. and the Russian Federation (hereinafter referred to as the Sub-Commission).

     The branch of the organization of higher and postgraduate education of the Republic of Kazakhstan located on the territory of the Russian Federation (hereinafter referred to as the Kazakhstan branch) operates on the basis of the charter of the organization of higher and postgraduate education of the Republic of Kazakhstan and the regulations on the branch approved by the organization of higher and postgraduate education of the Republic of Kazakhstan.

     A branch of an educational organization of higher education of the Russian Federation located in the territory of the Republic of Kazakhstan (hereinafter referred to as the Russian Branch) operates on the basis of the charter of an educational organization of higher education of the Russian Federation and the regulations on the branch approved by the educational organization of higher education of the Russian Federation.

Article 4

     The lists of professions, specialties and areas of training in which training can be carried out at the branch are determined by the Subcommittee.

     Education in branches may be conducted in the official languages of the States of the Parties, taking into account the requirements for the language of education in the country where the branches are located, with compulsory study of the official language and the history of the country where the branches are located within the framework of educational programs.

Article 5  

     Students of the Kazakhstan branch who have completed the development of educational programs of higher and (or) postgraduate education and have successfully passed the final (state final) certification are issued educational documents of the established standard in accordance with the legislation of the Republic of Kazakhstan.

     Students studying at the Russian branch who have completed the development of educational programs of higher education and have successfully passed the final (state final) certification are given documents on education and (or) qualifications of the established standard in accordance with the legislation of the Russian Federation.

      Recognition of educational and/or qualification documents is carried out in accordance with international treaties to which the States of the Parties are parties and the legislation of the States of the Parties.  

Article 6  

     Licensing and accreditation of educational activities of the branch are carried out in accordance with the legislation of the states of the Parties.

     An organization of higher and postgraduate education of the Republic of Kazakhstan has the right to carry out educational activities at the location of a branch in the Russian Federation if it has a license to engage in educational activities issued in accordance with the legislation of the Republic of Kazakhstan and a license to carry out educational activities issued in accordance with the legislation of the Russian Federation.

     An educational organization of higher education of the Russian Federation has the right to carry out educational activities at the location of a branch in the Republic of Kazakhstan if it has a license to carry out educational activities issued in accordance with the legislation of the Russian Federation and a license to engage in educational activities issued in accordance with the legislation of the Republic of Kazakhstan.

     Other licensing requirements may be established by the Kazakh Side for branches of educational institutions of higher education of the Russian Federation established by the decision of the Kazakh Side.

Article 7

     Admission to training in branches is carried out in accordance with the legislation of the states of the Parties.

Article 8

     State control (supervision) over the activities of branches is carried out in accordance with the legislation of the States of the Parties.

Article 9

     Financial support for the establishment and operation of the branch is provided on a self-financing basis, as well as from other sources in accordance with the legislation of the States of the Parties.

     The financial and economic activities of the Kazakhstan Branch are carried out in accordance with the legislation of the Russian Federation.

     The financial and economic activities of the Russian branch are carried out in accordance with the legislation of the Republic of Kazakhstan.

     Expenses related to the operation of engineering communications (electricity, heat, water supply, sewerage) and the maintenance of educational, auxiliary, sports facilities and dormitories are covered at the expense of the branch.

Article 10

     Disputes between the Parties related to the application or interpretation of the provisions of this Agreement are resolved through consultations and negotiations between them.

     The issues arising in the course of the implementation of this Agreement are assigned to the Sub-Commission.

Article 11

     By mutual agreement of the Parties, amendments may be made to this Agreement, which are an integral part of this Agreement and are formalized in separate protocols.

     This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 12

     This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

Article 13

This Agreement is valid for five years and is automatically extended for a further five years, unless either Party sends a written notification through diplomatic channels to the other Party of its intention to terminate it no later than one year before the end of the next period.

     Done in Nur-Sultan on February 24, 2022, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

     In case of discrepancies in the interpretation of the text of this Agreement, the text in Russian is used.

For the Government  

Republic of Kazakhstan

For the Government  

Of the Russian Federation

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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