On approval of the Rules for appointment by the Government of the Republic of Kazakhstan to positions, dismissal from positions and certification of the first heads of individual state organizations of higher and (or) postgraduate education

Updated Unofficial translation

Resolution of the Government of the Republic of Kazakhstan No. 336 dated May 29, 2020.

      Unofficial translation

      Footnote. The title is in the wording of the resolution of the Government of the Republic of Kazakhstan dated 01.09.2023 No. 757 (effective ten calendar days after the date of its first official publication).

      The Government of the Republic of Kazakhstan hereby RESOLVES:

      1. Approve the attached:

      1) Excluded by the resolution of the Government of the Republic of Kazakhstan dated 01.09.2023 № 757 (effective ten calendar days after the date of its first official publication).

      2) The Rules of appointment by the Government of the Republic of Kazakhstan to positions, dismissal from positions and certification of the first heads of individual state organizations of higher and (or) postgraduate education.

      Footnote. Paragraph 1 as amended by the resolution of the Government of the Republic of Kazakhstan dated 01.09.2023 № 757 (effective ten calendar days after the date of its first official publication).

      2. This resolution shall take effect from the date of its signing and is subject to official publication.

      Prime Minister
of the Republic of Kazakhstan
A. Mamin

  Approved
by Resolution No. 336
of the Government of the
Republic of Kazakhstan
dated May 29, 2020

The List
of state organizations of higher and (or) postgraduate education, the heads of which are appointed and dismissed by the Government of the Republic of Kazakhstan

      Footnote. The list was excluded by the resolution of the Government of the Republic of Kazakhstan dated 01.09.2023 № 757 (effective ten calendar days after the date of its first official publication).

  Approved
by Resolution No. 336
of the Government of the
Republic of Kazakhstan
dated May 29, 2020

The Rules for appointment by the Government of the Republic of Kazakhstan to positions, dismissal from positions and certification of the first heads of individual state organizations of higher and (or) postgraduate education

      Footnote. The title of the rules is in the wording of the resolution of the Government of the Republic of Kazakhstan dated 01.09.2023 № 757 (effective ten calendar days after the date of its first official publication).

      1. These Rules for appointment by the Government of the Republic of Kazakhstan to positions, dismissals and attestation of the heads of certain state organizations of higher and (or) postgraduate education (hereinafter the Rules), have been developed in accordance with Article 44 of the Law of the Republic of Kazakhstan dated July 27, 2007 On Education (hereinafter the Law).

      2. The rules define the procedure for the appointment by the Government of the Republic of Kazakhstan to positions, dismissals and attestation of the heads of individual state organizations of higher and (or) postgraduate education, established in the organizational and legal form of a state enterprise and state institution (hereinafter - the education organization).

Chapter 2. Procedure for appointment and dismissal of the heads of state organizations of higher and (or) postgraduate education

      3. To determine and appoint the head of the educational organization, the authorized body in the relevant field (hereinafter the authorized body) shall announce an open competition for the vacant position of the head of the educational organization (hereinafter the competition).

      4. The announcement of the competition shall be posted on the Internet resource of the authorized body and educational organization. The publication of announcements shall be allowed in periodicals distributed throughout the Republic of Kazakhstan territory.

      5. Announcements of the competition shall be published in the Kazakh and Russian languages ​​at the expense of the educational organization, for the position of the head of which the competition is announced.

      6. The announcement of the competition shall include the following information:

      1) the name of the educational organization for the position of the head of which the competition is held, indicating its location, postal address, telephone and fax numbers, e-mail address;

      2) the deadline for accepting documents, which shall be 10 working days and calculated from the next working day after the publication of the announcement of the competition;

      3) main functional duties;

      4) main requirements for the competition participant, provided for in paragraph 12 of these Rules;

      5) the list of required documents specified in paragraph 9 of these Rules;

      6) date, time and place of the interview;

      7) information regarding the presence of observers at the meeting of the competition committee;

      8) application forms and track record for participation in the competition.

      7. If the competition is held for a temporarily vacant position, this condition shall be indicated in the announcement of the competition.

      8. Persons wishing to participate in the competition shall direct documents to the human resources office of the authorized body in electronic form to the e-mail address within the deadline for accepting the documents.

      When sending documents in electronic form to the e-mail address of the authorized body, their originals or notarized copies shall be provided no later than one hour before the start of the interview.

      Without submitted documents, the competition committee shall not admit the person to the interview.

      9. To participate in the competition, the following documents shall be provided:

      1) application in accordance with the form of Appendix 1 to these Rules;

      2) a copy of the identity document of the competition participant;

      3) the track record of the competition participant with 3x4 color photo in accordance with the form in Appendix 2 to these Rules;

      4) copies of documents on education and supplements to them with the presentation of originals for verification:

      Copies of documents on education received by nationals of the Republic of Kazakhstan in foreign educational institutions shall be supplemented by copies of certificates of recognition or nostrification of these education documents issued by the authorized body in education, with the exception of education documents issued by foreign higher educational institutions, scientific centers and laboratories to citizens of the Republic of Kazakhstan - holders of Bolashak international scholarship as well as those falling under the international treaty (agreement) on mutual recognition and equivalence;

      Copies of education documents issued to Bolashak international scholarship holders shall be supplemented by a copy of the certificate of completed training under the international scholarship of the President of the Republic of Kazakhstan "Bolashak" issued by the Joint Stock Company "Center for International Programs".

      Copies of certificates of recognition of these education documents issued by the authorized body in education shall be attached to the copies of education documents that are subject to an international treaty (agreement) on mutual recognition and equivalence;

      5) a copy of employment verifying document, certified by the human resources office of the current or last place of work;

      6) medical certificate (medical professional advisory opinion) in the form No. 075/y, according to the forms of accounting documentation in the field of healthcare, approved by the Order of the acting Minister of Healthcare of the Republic of Kazakhstan dated October 30, 2020 No. ҚР ДСМ-175/2020 (registered with the Register of state registration of regulatory legal acts under No. 21579), issued no more than six months before the date of submission of documents;

      7) a certificate from a neuropsychiatric organization, issued no more than one year before the date of the documents submission, in accordance with the legislation on state services;

      8) a certificate from a narcological organization, issued no more than one year before the date of submission of documents in accordance with the legislation on state services;

      9) a document confirming the absence of a ban on holding a position in accordance with penal law

      Persons applying for participation in the competition can provide additional information on their education, work experience, skill level and standing (copies of documents on advanced training, awarded academic degrees and titles, references, recommendations, scientific publications and other information characterizing their occupational activity, qualification).

      The materials of the competition committee, documents of the competition participants who received a positive conclusion of the competition committee, as well as the track record, application and documents of persons who did not pass the competitive selection, shall be stored in the human resources service of the authorized body.

      Footnote. Paragraph 9 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 22.09.2021 No. 656.

      10. The responsible executive of the human resources service of the authorized body shall check the submitted documents for their completeness.

      Incomplete package of provided documents shall be the ground for refusal to accept them.

      11. The following persons shall not be admitted to the competition:

      1) under twenty-five years of age;

      2) previously implicated in a corruption offense;

      3) with an outstanding or unexpunged conviction;

      4) registered with special medical institutions;

      5) other cases under the current statutory procedures of the Republic of Kazakhstan.

      12. The main requirements for the selection of candidates for the position of the head of an educational organization shall be:

      1) higher and (or) postgraduate education;

      2) at least 5 years of work experience in managerial positions in educational organizations, as well as in authorized bodies in the relevant areas.

      13. To ensure impartiality and transparency, as well as equal opportunities to all candidates, a competition committee shall be established under the authorized body that announced the competition.

      The human resources service of the authorized body shall be the working body of the competition committee.

      14. The competition committee shall be formed of an odd number of members, no less than seven people, approved by the order of the head of the authorized body.

      The competition committee shall consist of a chairman, a deputy chairman, members and a secretary who does not have the right to vote.

      The meeting of the competition committee shall be deemed duly constituted if at least two-thirds of its members are present.

      15. The chairman of the competition committee shall manage activities, preside at meetings, plan the work, exercise general control and responsibility for activities and decisions made.

      The secretary of the competition committee shall provide the publication of the competition announcement, prepare competition documentation, accept, register and store the documents submitted for participation in the competition.

      16. After expiry of the deadline for accepting documents, within 10 (ten) working days, the competition committee shall examine the submitted documents for compliance of the candidates with the basic requirements specified in paragraph 12 of these Rules, and decide on admitting the participants to the interview.

      17. Upon the examination results of the documents, the secretary of the competition committee shall form the list of candidates admitted to the interview, and the schedule for its conduct.

      18. The list of candidates admitted to the interview and the schedule of the interview shall be posted on the Internet resources of the authorized body and education organization, for the position of the head of which the competition was announced, within one working day from the date of the decision by the competition committee on the admission of candidates.

      19. Candidates admitted to the interview shall be notified by the secretary of the competition committee about the date of the interview before expiry of the next working day after the decision by the competition committee.

      Notification shall be made by phone, by e-mails and mobile phones of the participants.

      20. The competition participants who were not admitted shall be notified about it by the secretary of the competition committee within one working day from the date of the decision by the competition committee.

      21. Candidates participating in the competition and admitted to the interview shall pass it in the authorized body within three working days from the date the candidates are notified of their admission to the interview.

      22. The purpose of the interview shall be to assess the professional and personal qualities of the candidates.

      23. The competition committee shall form the list of profile, situational and motivational questions for each announced vacant position in the activity area of the respective educational organization.

      When conducting an interview, the competition committee shall check the participants on the following criteria:

      1) knowledge and understanding of documents of the state planning system in the relevant area;

      2) vision of problems and prospects for the development of the educational organization’s sphere of activity;

      3) knowledge of the regulatory legal acts of the Republic of Kazakhstan governing relations in the educational organization’s field of activity.

      24. On the basis of the submitted documents and the interview results, the competition committee shall select from among candidates for the vacant position.

      25. The decision of the competition committee shall be made in the absence of the candidate by open voting.

      26. Positive conclusion shall be adopted on the candidate if the majority of those present voted for him. In the event of equality of votes, the chairman of the competition committee shall cast the deciding vote.

      27. The course of the discussion and the decision taken by the competition committee shall be recorded in the minutes, signed by the chairman and members of the competition committee, as well as the secretary who takes the minutes.

      28. The decision of the competition committee on a candidate who has received a positive conclusion of the competition committee shall be posted on the Internet resources of the authorized body and educational organization, for the position of the head of which the competition was announced, within one working day from the date of the competition.

      29. The competition committee shall notify the candidate who has successfully passed the interview about the results of the competition within two working days from the date of the decision of the competition committee.

      30. The decision of the committee shall be of a recommendatory nature.

      31. Within 5 (five) working days from the date of the competition committee’s decision on the competition results, the authorized body shall direct the relevant materials to the Government of the Republic of Kazakhstan with the attachment of a package of documents of the candidate who received a positive conclusion of the competition committee on appointment or rejected appointment to the position of the head of the educational organization.

      32. The decision of the Government of the Republic of Kazakhstan shall be made within 10 (ten) working days from the date of the received competition committee’s decision.

      33. Upon the decision made by the Government of the Republic of Kazakhstan, the authorized body shall conclude an employment contract with the head of the education organization for a five-year term.

      34. In the events of breaching by the head of the educational organization of the labor legislation of the Republic of Kazakhstan and the employment contract terms, the authorized body shall:

      1) assign the performance of the duties of the leader to the employee of the educational organization;

      2) make a petition to the Government of the Republic of Kazakhstan on releasing the head of the educational organization from the position.

      35. The decision of the Government of the Republic of Kazakhstan shall be adopted within 10 (ten) working days from the date of the petition receipt.

Chapter 3. Attestation procedure

      36. For assessment of knowledge and compliance level with qualification, the heads of educational organizations, appointed and dismissed by the Government of the Republic of Kazakhstan, shall undergo attestation once every three years.

      The main assessment criterion in attestation is the ability of the head of an educational organization to fulfill the functional duties assigned to him.

      37. The initial attestation of the head of the educational organization shall be carried out after three years from the date of his appointment to the position.

      The head of the organization who was on study leave, unpaid leave (exceeding six months), in connection with pregnancy and the birth of a child (children), adoption of a newborn child (children), attending to a child up to the age of three, shall undergo attestation at least six months after starting work.

      38. Attestation shall be comprised of the following stages:

      1) preparation for attestation;

      2) an interview conducted by an attestation committee;

      3) making a decision by the attestation committee.

      39. To carry out attestation, the human resources office of the authorized body shall:

      1) prepare the necessary documents for the head of the education organization subject to attestation (notification, track record, appraisal sheet);

      2) develop attestation schedules, questions and answers for the interview;

      3) determine the composition of the attestation committee;

      4) organize explanatory work on the goals and procedure for conducting attestation.

      40. Once a year the human resources office of the authorized body shall determine the heads of education organizations subject to attestation.

      41. The human resources office of the authorized body shall notify the heads of education organizations in writing about the date of the interview no later than thirty calendar days before the start of the interview, and also request service records.

      42. For the head of the education organization subject to attestation, the human resources office of the authorized body shall draw up an appraisal sheet in accordance with the form of Appendix 3 to these Rules.

      43. The human resources office of the authorized body shall submit documents to the attestation committee no later than one working day before the meeting of the attestation committee.

      44. The attestation committee shall be formed by the head of the authorized body on the proposal of the human resources office of the authorized body and consist of an odd number of members and a secretary. The attestation committee shall be comprised of the chairman of the committee, deputy chairman and members of the committee. An employee of the human resources office of the authorized body who does not have the right to vote shall be appointed as the secretary of the attestation committee.

      The chairman of the attestation committee shall manage activities, preside at meetings, plan work, exercises general control and responsibility for activities and decisions made.

      The secretary of the attestation committee shall prepare the relevant materials for the meeting of the committee and draw up the minutes after it is held. The secretary shall be in charge of the upkeep of the attestation committee.

      45. The meeting of the attestation committee shall be deemed duly constituted if it is attended by at least two thirds of its members.

      Substitution of absent members of the attestation committee shall not be allowed.

      46. ​​One month before the attestation, the heads of education organizations shall submit the following documents to the human resources office of the authorized body:

      1) progress report, approved by the academic council of the education organization;

      2) roadmap for the education organization’s development;

      3) a list of scientific works over the reporting period (if any). 47. Upon the hearing results, the attestation committee shall make a decision by open voting.

      The voting results shall be determined by the majority of votes of the attestation committee members. In the event of equality of votes, the chairman of the attestation committee shall cast the deciding vote.

      The individual opinion of a member of the attestation committee shall be stated in writing and attached to the minutes.

      48. If the heads of education organizations subject to attestation fail to appear at the meeting of the attestation committee due to temporary absence from work for a good reason (temporary disability, for the period of being on paid annual labor leave, on social leave or business trip), consideration of the issue of their attestation shall be postponed to a later date determined by the attestation committee. Transfer of certification shall be allowed no more than once.

      49. The interview shall be conducted in Kazakh or Russian languages ​​at the choice of the person under attestation.

      50. Upon the interview results, the attestation committee shall make one of the following decisions:

      1) fit for the position held;

      2) does not fit for the position held.

      51. The adoption by the attestation committee of a decision on the inadequacy of the position held is a negative result of certification.

      The negative result of attestation of the person under attestation shall be the ground for his demotion, and in case of his refusal to take up the proposed position - the ground for dismissal.

      52. The decisions of the attestation committee signed by its members shall be recorded in the minutes and entered in the appraisal sheet. The appraisal sheet shall be kept in the personal file of the attested person.

      53. Within five working days from the date of the interview, the human resources office of the authorized body shall notify the person under attestation about the decision of the attestation committee.

      54. In the event that a decision is made on the inaptitude of the attested person to the position held, the authorized body, within ten working days from the date of signing the minutes by the attestation committee, shall direct a petition to the Government of the Republic of Kazakhstan for making a decision on the dismissal of the head of the education organization.

      55. All disputes related to the decision of the attestation committee shall be resolved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

  Appendix 1
to the Rules for appointment
by the Government of the
Republic of Kazakhstan
to positions, dismissal and
attestation of the heads of
individual state organizations of
higher and (or) postgraduate
education
  The FORM

      ___________________________
(the authorized body)

Application

      I hereby request to be admitted to the competition for the vacant position

      of the head of the education organization___________________________

      ____________________________________________________________________

      ____________________________________________________________________

      I am aware of and accept the main requirements of the Rules for appointment by the Government of the Republic of Kazakhstan to positions, dismissals from positions and attestation of the heads of individual state organizations of higher and (or) post-graduate education, and promise to comply with them. I accept responsibility for authenticity of the provided documents.

      Attached documents:

      1.__________________________________________________________

      2.__________________________________________________________

      3.__________________________________________________________

      4.__________________________________________________________

      5.__________________________________________________________

      Address and contact number ___________________________________________

      _______________ ________________________________________

      (signature)                         (full name)

      "____"_______________ 20__ .

  Appendix 2
to the Rules for appointment
by the Government
of the Republic of Kazakhstan
to positions, dismissal and
attestation of the heads of
individual state organizations of
higher and (or) postgraduate
education
  THE FORM

TRACK RECOD
of a candidate for position of the head of the education organization

_____________________________________________
тегі, аты және әкесінің аты (болған жағдайда) /
full name_____________________________________________
лауазымы/position, санаты/ category
(болған жағдайда/if any)
PHOTO
(Color 3X4)




      ЖЕКЕ МӘЛІМЕТТЕР / PERSONAL DETAILS

      1. Туған күні және жері/

      Date and place of birth

      2. Ұлты (қалауы бойынша)/

      Ethnic nationality (optional)

      3. Оқу орнын бітірген жылы және оның атауы/

      Graduation date and name of the education institution

      4. Мамандығы бойынша біліктілігі, ғылыми дәрежесі, ғылыми атағы (болған жағдайда) /

      Occupational qualification, academic degree, academic title (if any)

      5. Шетел тілдерін білуі/

      Command of foreign languages

      6. Мемлекеттік наградалары, құрметті атақтары (болған жағдайда) /

      State awards, honorary titles (if any)

      7. Дипломатиялық дәрежесі, әскери, арнайы атақтары, сыныптық шені (болған жағдайда) /

      Diplomatic rank, military, special rank, class rank (if any)

      8. Жаза түрі, оны тағайындау күні мен негізі (болған жағдайда) /

      Type of penalty, date and grounds for imposing it (if any)

      9. Соңғы үш жылдағы қызметінің тиімділігін жыл сайынғы бағалау күні мен нәтижесі, егер үш жылдан кем жұмыс істеген жағдайда, нақты жұмыс істеген кезеңіндегі бағасы көрсетіледі (мемлекеттік әкімшілік қызметшілер толтырады)/

      Date and results of annual performance assessment for the last three years, if the work was less than three years, the assessments for the actual work period are indicated, and also based on the attestation results in accordance with the Law of the Republic of Kazakhstan On Education

      10. ЕҢБЕК ЖОЛЫ/EMPLOYMENT HISTORY Күні/

      Date қызметі, жұмыс орны, мекеменің орналасқан жері/position, employment place ,

      location of the organization қабылданған/admission босатылған/dismissal

      ____________________

      Кандидаттың қолы/

      Candidate’s signature

      _______________

      күні/date

  Appendix 3
to the Rules for appointment
by the Government
of the Republic of Kazakhstan
to positions, dismissal and
attestation of the heads of
individual state organizations of
higher and (or) postgraduate
education
  FORM

APPRAISAL SHEET

      1. Full name

      ____________________________________________________________________

      2. Date of birth "___" ______________ year

      3. Information about education, advanced training, retraining (date and name of the education institution of graduation, occupation, qualifications by education, documents on advanced training, retraining, academic degree and academic title, date of their conferment)______________________________________________________________

      ______________________________________________________________

      4. Position held and date of appointment

      ______________________________________________________________

      5. Total length of service:

      _________________________________________________________

      _________________________________________________

      6. Comments and recommendations by the attestation committee members:

      _______________________________________________________________

      _______________________________________________________________

      _______________________________________________________________

      7. The meeting was attended by ______ attestation committee members.

      8. Assessment of the appraised person’s performance on voting results:

      1) fit for the position held (number of votes)

      _______________________________________________________________;

      2) unfit for the position held (number of votes)

      _______________________________________________________________

      9. Recommendations by the attestation committee (with indication of their motivation)

      ________________________________________________________

      10. Notes

      ______________________________________________________________

      ______________________________________________________________

      ______________________________________________________________

      ______________________________________________________________

      ______________________________________________________________

      ______________________________________________________________

      ______________________________________________________________

      Chairman of the attestation committee:

      __________________________________________

      (signature)

      Secretary of the attestation committee:

      _____________________________________________

      (signature)

      Members of the attestation committee:

      _______________________________

      (signature)

      ______________________________

      (signature)

      ______________________________

      (signature)

      ______________________________

      (signature)

      Date of the attestation

      "___" ________________ year

      _______________________________________________________________

      I have read and understood the appraisal sheet:

      _________________________________________

      (attested person’s signature and date) STAMP HERE

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