Pre-trial claim in the framework of a pre-trial settlement
Non-profit Joint Stock Company" Astana Medical University"
Bin 080940008218
Astana, Saryarka district, Beibitshilik STR., building 49A.
+7 700 153 94 47.
Student: Stkarabekovna
IIN ....
Representative by power of attorney:
Legal office" law and law"
IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty,
Almaly district, abylai Khana Ave., house 79/71, office 304.
info@zakonpravo.kz www.zakonpravo.kz
Tel.: +7 708 971 78 58 / 8 727 971 78 58.
PRE-TRIAL PROTEST
On April 31, 2022, the number of Stkarabekovna (hereinafter referred to as the student) of the PJSC" Astana Medical University " (hereinafter referred to as the University 7.4-21-1602 an agreement on the provision of Educational Services has been concluded (hereinafter referred to as the agreement).
On March 31, 2025, in the 4th year of the student, during the exam in Immunology, the student was detained for using a crib. This fact is not refuted by the student.
On April 10, 2025, a meeting of the University's disciplinary council was held and Protocol No. 6 was drawn up. According to the results of 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 offense, and a proposal was made to expel him from the University.
On the basis of this proposal, the order of the chairman of the management board – Rector of the University dated April 15, 2025 No. 489-s/S was issued and the student was expelled from the University.
However, there are a number of questionable circumstances regarding the legality and validity of this decision.
First, although the student was charged with a corruption offense, no evidence was presented as to exactly what material values or funds were transferred. On the part of the student, there was no fact of transferring funds, gifts or other material values to the university staff.
Secondly, when studying the materials obtained through a legal request, the fact that the order was substantiated, that is, the presentation of the envelope by a particular student, is not recorded with concrete evidence, but only stated without evidence. This contradicts the requirements of the University's own internal regulations and the principles of academic integrity.
Thirdly, in accordance with the code of academic integrity of the University, the procedure for registration and consideration of cases of violation of academic integrity is clearly regulated. In particular, if a violation is detected during the examination or midterm control, an appropriate act must be drawn up and the issue considered in accordance with the established procedures. However, data on full compliance with these procedures were not provided to the student and the representative who made the legal request.
Fourth, when imposing disciplinary penalties, the principle of proportionality must be observed. According to the practice of the university disciplinary board from January to April 2025, more than 80 students who used cribs were admitted to Re–study the subject during the summer semester and were not expelled. Despite this, the most severe punishment was imposed against the student – expulsion.
In accordance with Article 43 of the law of the Republic of Kazakhstan "on education", educational organizations are obliged to comply with the rights of students and ensure the legality of the educational process.
In addition, the issue of expulsion of students is regulated by paragraph 41 of the standard rules of activity of organizations of Higher and (or) postgraduate education, approved by the order of the minister of Science and higher education of the Republic of Kazakhstan dated October 30, 2018 No. 595. In accordance with this paragraph, a student may be expelled only on clearly stated grounds, namely academic failure, violation of the principles of academic integrity, violation of internal regulations, violation of the terms of the contract or only voluntarily.
In this regard, the expulsion of a student on the grounds that he "committed a corruption offense" is not provided for in the mentioned paragraph 41, and in the case of failure to prove such a serious charge, the legality of the expulsion order is questionable.
Depending on the above,
From you:
· On the part of the PJSC" Astana Medical University", we ask you to cancel the order on the expulsion of Stkarabekovna from training dated April 15, 2025 No. 489-S/P and return Stkarabekovna to training.
With respect,
Representative by power of attorney: Kenesbek I. M.
Attention!
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