PRE-TRIAL CLAIM FOR ANNULMENT OF THE EXPULSION ORDER AND REINSTATEMENT
To: Non-Profit Joint-Stock Company“Astana Medical University”
BIN: 080940008218
49A Beibitshilik Street, Saryarka District,Astana, Republic of Kazakhstan
+7 700 153 94 47
Student: S.T. Karabekkyzy
IIN: ....
Representative under Power of Attorney:
Advocacy Office “Zakon i Pravo”
BIN: 201240021767
Office 304, 79/71 Abylai Khan Avenue,Almaly District, Almaty 050002,Republic of Kazakhstan
info@zakonpravo.kzwww.zakonpravo.kz
Tel.: +7 708 971 78 58 / +7 727 971 78 58
PRE-TRIAL CLAIM
On 31 April 2022, an Agreement No. 7.4-21-1602 for the provision of educational services (hereinafter – the “Agreement”) was concluded between the Non-Profit Joint-Stock Company “Astana Medical University” (hereinafter – the “University”) and S.T. Karabekkyzy (hereinafter – the “Student”).
On 31 March 2025, while the Student was in her fourth year of study, she was caught using a cheat sheet during the examination in Immunology. The Student does not dispute this fact.
On 10 April 2025, a meeting of the University’s Disciplinary Council was held, and Minutes No. 6 were prepared. Following the meeting of the Disciplinary Council, the Student was accused not only of violating the principles of academic integrity, but also of committing a corruption offence, and a recommendation was made to expel her from the University.
On the basis of this recommendation, the Chairman of the Management Board – Rector of the University issued Order No. 489-s/жс dated 15 April 2025, whereby the Student was expelled from the University.
However, there are a number of circumstances giving rise to serious doubts as to the legality and validity of the said decision.
First, although the Student was accused of committing a corruption offence, no evidence has been provided demonstrating that any material valuables or funds were transferred. The Student did not provide any University employees with money, gifts, or other material valuables.
Second, upon reviewing the materials obtained through an attorney’s request, it was established that the fact relied upon as the basis for the Order, namely the alleged fact that the Student offered an envelope, has not been substantiated by any concrete evidence and is based solely on unsubstantiated statements. This is contrary to the requirements of the University’s internal regulatory acts and the principles of academic integrity.
Third, pursuant to the University’s Academic Integrity Code, the procedure for recording and reviewing cases of academic integrity violations is specifically regulated. In particular, where a violation is identified during an examination or interim assessment, a relevant act must be drawn up and the matter must be considered in accordance with the prescribed procedure. However, no information confirming that these procedures were fully complied with has been provided either to the Student or to her representative who submitted the attorney’s request.
Fourth, the principle of proportionality must be observed when disciplinary measures are imposed. According to the practice of the University’s Disciplinary Council during the period from January to April 2025, more than 80 students who had used cheat sheets were permitted to retake the relevant subjects during the summer semester and were not expelled from the University. Nevertheless, the most severe disciplinary measure – expulsion – was applied to the Student.
Pursuant to Article 43 of the Law of the Republic of Kazakhstan “On Education”, educational institutions are required to respect the rights of students and ensure the legality of the educational process.
Furthermore, the expulsion of students is regulated by Paragraph 41 of the Model Rules for the Activities of Organizations of Higher and (or) Postgraduate Education, approved by Order No. 595 of the Minister of Science and Higher Education of the Republic of Kazakhstan dated 30 October 2018. Pursuant to the said paragraph, a student may be expelled only on specifically prescribed grounds, namely academic failure, violation of the principles of academic integrity, violation of internal regulations, breach of the terms of the agreement, or at the student’s own request.
Accordingly, expulsion of the Student on the ground of “committing a corruption offence” is not provided for by Paragraph 41. In the absence of evidence establishing the commission of such a serious violation, the legality of the expulsion order is therefore subject to reasonable doubt.
Based on the foregoing,
WE REQUEST THAT YOU:
- annul Order No. 489-s/жс dated 15 April 2025 issued by the Non-Profit Joint-Stock Company “Astana Medical University” concerning the expulsion of S.T. Karabekkyzy and reinstate S.T. Karabekkyzy as a student of the University.
Respectfully,
Representative under Power of Attorney:I.M. Kenesbek
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
