The application concerns the legality and validity of the decision on expulsion
The Republic Of Kazakhstan
The Ministry of Health
The Department of Science and human resources
Bin 170340000915
Astana, Mangilik El Avenue, 8, House of ministries, entrance 5.
8 (7172) 74-37-27.
Applicant: St Karabekkyzy
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.
Application
I inform the following regarding the legality and validity of the decision taken by the Astana Medical University (hereinafter referred to as the University) on the expulsion of St Karabekovna (hereinafter referred to as the student).
On March 31, 2025, during the exam in immunology, a student was detained for using a crib. This fact is not refuted by the student. However, according to the practice established at the University, in such cases, students, as a rule, are sent to Re-study the discipline in the summer semester.
On April 10, 2025, a meeting of the University's disciplinary council was held and Protocol No. 6 was drawn up. At this meeting, the issue of the 4th year student of the school of Medicine was considered. 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, the audio recording and other evidence provided by the University were not presented to the student. 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.t
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.
Fifth, in accordance with paragraph 10 of the Code of ethics of the University, the responsibility of students is provided. This paragraph specifies that students may be brought to disciplinary responsibility for non-fulfillment and improper performance of curricula, duties stipulated by the Charter of the University, as well as for violation of this code, the Code of academic integrity, contractual obligations, rules for living in a hostel, and disciplinary penalties may be applied to them.
However, the specified norm does not provide for the application of the most severe disciplinary punishment to the student in the form of direct expulsion. This, in turn, indicates that the type of punishment imposed by the University has gone beyond the limits of responsibility clearly enshrined in internal regulations, and the decision taken is excessively strict.
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:
* Conduct an unscheduled audit of the legality and validity of the order on the expulsion of St Karabekovna from school dated April 15, 2025 No. 489-s / S;
* For the above circumstances, I ask you to give a legal assessment of compliance with the requirements of the legislation.
With respect,
Representative by power of attorney: Kenesbek I. M.
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