
Defense of the dissertation of Махсатбаевич Нуржан Бердыбаев for the degree of Doctor of Philosophy (PhD) in the specialty «6D030100 - Құқықтану»

L.N. Gumilyov Eurasian National University, a dissertation defense for the degree of Doctor of Philosophy (PhD) by Махсатбаевич Нуржан Бердыбаев on the topic «Legal Regulation of the Activities of International Universities with the Participation of the Republic of Kazakhstan» by specialty «6D030100 – Құқықтану».
The dissertation was carried out at the «Civil and Environmental Law education department» of L.N. Gumilyov Eurasian National University.
The language of defense is kazakh
Official reviewers:
Altynbasov Bakhyt Omirkhanovich - Vice-Rector of Atyrau University named after Kh. Dosmukhamedov, PhD, Associate Professor
Shangirbayeva Beibit Yunisovna - Candidate of Law, Associate Professor, Doctor of Philosophy of the Higher School of St. Anne, Pisa, Italy
Temporary members of the Dissertation Committee:
Gulyamov Said Saidakhrarovich-Doctor of Law, Professor Tashkent State Law University (Tashkent, Republic of Uzbekistan)
Shakirova Altinai Borankulovna - Doctor of Philosophy (PhD), Assistant Professor of the Department of Theory and History of State and Law, Deputy Dean for Research of the Faculty of Law Karaganda National Research University named after Academician E.A. Buketov (Karaganda, Republic of Kazakhstan)
Saimova Sholpan Altynbekovna – Head of the Center for Public Law and Public Administration at the Institute of Parliamentarism under the Office of the President of the Republic of Kazakhstan, PhD (Astana, Republic of Kazakhstan)
Scientific advisors:
Tlepina Sholpan Valerievna, Bitemirov Kairat Turlybayevich
Omer Ozkan
The defense will take place on July 17, 2026, at 03:00 PM in the Dissertation Council for the training direction «8D042 – Law» in the specialty «6D030100 – Құқықтану» of L.N. Gumilyov Eurasian National University. The defense meeting is planned to be held online.
Link: https://clck.ru/3Rm8TB
Address: г. Астана, ул. К. Сатпаева, 2, Главный корпус, ауд. №302.
Abstract (English): ANNOTATION of the dissertation by Berdybayev Nurzhan Makhsatbayevich on the topic: " Legal Regulation of the Activities of International Universities with the Participation of the Republic of Kazakhstan" submitted for the degree of Doctor of Philosophy (PhD) in the educational program 6D030100 – "Jurisprudence" The relevance of the research topic. With the development of globalization processes, signs of change appeared in the functional significance of universities, and discussions began about the multinational and international nature of universities. Transforming their purely national significance into an international one, universities actively engaged not only in training highly qualified personnel but also in contributing to the development of society through large-scale research and innovations, becoming the driving force behind the processes of global development and intercultural interaction, rapid individual and universal economic growth, and the emergence of responsible citizenship both within individual countries and throughout the entire world. In the Republic of Kazakhstan, international higher educational institutions were first reflected in the Law of the Republic of Kazakhstan "On Education" dated January 18, 1992. Subsequently, the concept of "international university" began to appear more frequently in other regulatory legal acts and governmental decisions; however, no legislative definition was ever given to this term, and no criteria were established by which a university could be recognized as international. In Kazakhstani scientific doctrine, no significant research has been conducted on the concept and essence of international universities, their distinction from universities in the general sense, or the classification and types of higher educational institutions. Consequently, to this day the legal nature of international universities has not been defined, their legal status is characterized by diversity and uncertainty, and the system of interconnection between Kazakhstani international universities and similar universities in international law and in the legislation of the world's leading countries has not been established. The issue of classifying international universities also requires careful consideration and thorough analysis, and such analysis should take into account analogous concepts and terms that have developed within the international educational space. As a result of the insufficiency of legal regulation of the activities of international universities — or more precisely, as a result of its unsystematic nature, that is, the absence of scientifically grounded concepts regarding the category and essence of such higher educational institutions — a significant portion of higher educational institutions of the Republic of Kazakhstan began to call themselves international universities without having any substantial differences from classical universities. As a result, situations frequently began to arise in which the level of international cooperation, the mobility of students and faculty, the degree of internationalization and intercultural interaction, and other factors characterizing the international status of a university turned out to be higher at a number of ordinary universities compared to those officially called international. All of the above indicates the need for research — in Kazakhstani and foreign scientific doctrine, in the system of Kazakhstani legislation and educational practice — into the concept and essence, and the classification of the international university, as well as the relationship between the emergence and development of international universities and the trends of internationalization of higher educational institutions, the accession of Kazakhstani higher education to the Bologna Declaration, and other international legal documents. Therefore, the relevance and timeliness of the chosen topic is determined by the need for a scientific study of the international legal and national foundations of the emergence and development of international universities in Kazakhstan, since a number of such higher educational institutions operate in the republic and it is evident that considerable experience in their functioning and development has been accumulated. The practical experience of the activities of international universities with the participation of the Republic of Kazakhstan, and the legal mechanism for regulating their activities, determine the need for scientific research through the analysis of their creation, classification, structural organization, organizational and legal forms, and the compliance of their activities with international and national legislation. The object of the dissertation research consists of legal relations associated with the emergence, functioning, and development of international universities in the Republic of Kazakhstan. The subject of the research comprises the theoretical, practical, and legal aspects of the activities of international universities, as well as the influence of the internationalization of education and intercultural cooperation on the content of the activities of international universities. The purpose of the dissertation research is a comprehensive analysis of the theoretical and practical issues of legal regulation of the activities of international universities with the participation of the Republic of Kazakhstan, their influence on the processes of global development, intercultural interaction, and the internationalization of higher education and scientific research. Research objectives: • to conduct a theoretical and legal analysis of the legal content of the concept, classification, and development trends of international universities in the context of the internationalization of higher education; • to investigate the international legal and legislative foundations for the formation of internationally oriented universities in the Republic of Kazakhstan; • to analyze the foundations of legal regulation of the activities of joint international universities established on the principle of equality of the parties in university governance and responsibility for its activities; • to determine the category and activities of joint international universities created on the basis of the dominance of one of the parties in managing the university's activities, as well as their legal foundations; • to establish the essence and specific features of the legal regulation of the activities of joint international universities with the indirect participation of the Government of the Republic of Kazakhstan as a contracting party; • to analyze the legislation in the field of higher education of European countries as a positive example in the process of internationalization and development of international universities in Kazakhstan; • to establish the significance of the implementation of the Bologna Process, which is of conceptual importance for ensuring the activities and development of international universities; • to demonstrate the process of improving the quality of education at international universities in the Republic of Kazakhstan as the most important factor in the internationalization of education and science. The theoretical and practical significance of the dissertation research consists in conducting a multifaceted and structurally systemic analysis of one of the important issues of national and international law that has both theoretical and applied significance — the legal regulation of the activities of international universities with the participation of the Republic of Kazakhstan. The research is aimed, on the one hand, at enriching theoretical thought in the field of legal regulation of the activities of international universities and their legal status, and on the other hand, at improving the system of legislation in this field on the basis of the conclusions of scientific doctrine and the established specific practice of creating international universities in the Republic of Kazakhstan. The results of the research may be used to expand knowledge about the system of legal regulation in the field of national and international higher education, as well as in teaching activities when studying the issues of such academic disciplines as "Theory of State and Law," "Public International Law," "Constitutional Law of the Republic of Kazakhstan," "Comparative Law," and special courses such as "Legal Foundations of the Educational Process," "Law in the Field of Education," "International Educational Activities," and others. The practical conclusions and recommendations of the dissertation, if conscientiously and earnestly applied in the activities of educational institutions, legislative and executive bodies, can have a positive impact on the processes of the emergence, functioning, and development of international universities. Methodological foundation of the research. The methodological foundation of the research consists of formal-logical, historical-legal, systemic-analytical, comparative-legal, and specific-sociological research methods. On the basis of the application of these and other methods, new conceptual provisions were developed. The scientific novelty of this research is reflected in the following principal propositions submitted for defence: 1. It has been substantiated that the definition of the concept "international university" is not directly established either in the legislation of the Republic of Kazakhstan or in the legislation of foreign countries. The analysis of the theoretical, legal, and substantive aspects of this concept made it possible to formulate the author's definition of the term "international university" and to understand it in both a broad and a narrow sense. When characterizing international universities in the broad sense, it can be stated that their areas of activity correspond to the international level according to various rating indicators. The following indicators should be highlighted: the presence of foreign students and faculty; the level of the university's cooperation with partners in other countries and its connection to regional (regional network) or global (wide area network) networks; the existence of the university's own research and educational centres in other parts of the world beyond its main campus; the degree to which the university's mission and goals are oriented toward international and intercultural aspects; the presence of indicators that allow the higher educational institution to be called a world-class university; the conformity of the university's educational programs and research projects with the trends of internationalization of education and science. Turning to the narrow understanding of an international university, it should be noted that it denotes the status and activities of universities created jointly by two or more countries on the basis of intergovernmental treaties and agreements that promote the internationalization of the university and the strengthening of intercultural interaction. 2. The author's classification of international universities in the broad sense has been established. It is shown that they are divided into the following types: • classical universities that have all the capabilities to achieve an international level in the training of specialists; • specialized universities that have undergone institutional international accreditation and the official procedure of confirming compliance with international standards; • international universities operating on the basis of international agreements with the participation of the Republic of Kazakhstan. 3. It has been formulated that the legal foundation for the activities of international universities of various types is the system of legal norms at the international, national, and local levels. A classification of sources of international law that influence the higher education system, and in particular the emergence and functioning of international universities of various types, has been conducted. The first group consists of fundamental international documents that enshrine the basic principles of higher education and science. The second group includes regional intergovernmental agreements in the field of education and science, which develop and specify the principles and provisions of higher-level international documents. The third level of treaty sources of law in the system of legal regulation of public relations in the field of the formation and development of international universities consists of cooperation agreements between universities covering various areas of their activities. 4. It has been substantiated that, despite the fact that the system of Kazakhstani legislation in the field of higher education is constantly undergoing changes, insufficient attention has been paid to the creation and functioning of international universities. Among the first regulatory legal acts to identify the need for the creation of international universities is the Law of the Republic of Kazakhstan "On Education" of 1992, from the text of Article 37 of which it can be seen that the state distinguishes international higher educational institutions within the higher education system. In particular, in accordance with paragraph 3 of Article 5 of the Law of the Republic of Kazakhstan "On Education" of 1993, provision was made for granting authority to create international universities of a certain type on the condition that an international university was jointly created with two or more countries with the participation of the Kazakhstani side, although such authority was not directly established. However, if one reveals the true content of the norm of Article 5, it provided for the possibility of creating such a university in the broad sense, that is, it was stipulated that the activities of a higher educational institution are regulated by its Charter, while the activities of an international university are regulated by a Charter approved by the governments of the founding states. Based on the content of clause 6 of Article 14 of the Law of the Republic of Kazakhstan "On Education" of 2007, it was determined that any higher educational institution has the right to develop international educational programs, and that the implementation of such programs objectively characterizes the university as having international status. Furthermore, referring to clause 11 of Article 59 of the Law of the Republic of Kazakhstan "On Education" of 2007, it should be noted that international and foreign educational organizations and their branches established on the territory of the Republic of Kazakhstan are subject to inspection in accordance with the legislation of the Republic of Kazakhstan. This means that the concept of an international educational organization in the narrow sense does not apply to all higher educational institutions but is assigned only to those which have been granted such status by law, since pursuant to Article 65 of that Law, the establishment of international and foreign educational institutions and (or) their branches in the Republic of Kazakhstan is carried out on the basis of international treaties or by decision of the authorized body in the field of science and higher education. 5. The necessity of dividing such higher educational institutions into several types has been substantiated for the purpose of an objective analysis of the legal regulation of the activities of international universities with the participation of the Republic of Kazakhstan: joint international universities created on the basis of the principle of equality of the parties in university governance and responsibility for its activities; joint international universities created on the basis of the dominance of one of the parties in managing the university's activities; joint international universities created with the indirect participation of the Government of the Republic of Kazakhstan as a contracting party. 6. It has been argued that one of the most prominent in the system of international universities created through intergovernmental agreements and functioning on the basis of the principle of equality of the parties in university governance and responsibility for its activities is the International Kazakh-Turkish University named after Khoja Ahmed Yasawi. It is shown that compliance with the principle of "joint organization — joint management" is applied in this international university both to the system of organization and management of the institution and in the areas of student admission and instruction, as well as to the issues of university financing. In this regard, the norms of the Charter of the International Kazakh-Turkish University, which establish that the educational process is conducted in the Kazakh and Turkish languages and that graduates of the university who are citizens of the Republic of Turkey are required to have a sufficient command of the Kazakh language, while citizens of other countries must have a sufficient command of the Turkish language, are shown to be consistent with the principle of equality of the institution and the ideas of international status. The principles of equality of the Kazakhstani and Turkish parties in the educational process can be seen from the provisions of the University Charter. As an example, the diplomas of the International Kazakh-Turkish University are equated to the diplomas of the universities of Kazakhstan and Turkey, meaning that education is provided at the level and in the fields corresponding to the local universities of both countries, and their graduates are endowed with rights equal to those of graduates holding international diplomas. The issues of financing the university, established on the principle of equality, are also enshrined in documents: it is stated that the financing of the university is carried out in equal amounts from the budgetary funds provided by the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey. 7. It has been identified that one of the types of international universities of Kazakhstan created on the basis of an agreement between two governments consists of universities in which one of the contracting parties effectively acquires a dominant position in determining the development of the institution. An example of such an international university is the Kazakh-British Technical University. The creation of the governing bodies of this university, its financing, and the form and content of the educational process are determined exclusively by the Kazakhstani side. On the basis of an analysis of regulatory legal documents, international agreements, and specific facts relating to actions taken to change the founder of the Kazakh-British Technical University, it became known that the Kazakhstani and British sides had in common only the intention to create a joint international university at the time of signing the memorandum. Since only the Government of the Republic of Kazakhstan and its representatives were involved in the legal formalization of this process, that is, in the creation and reorganization of the university, while the British side was not effectively a subject of legal relations. If one compares the governing bodies of the Kazakh-British Technical University with those of the International Kazakh-Turkish University, it can be observed that the British side does not effectively participate in the governance of the institution. According to the Charter of the Kazakh-British Technical University, its highest body is the Sole Shareholder — the public foundation "Educational Fund of Nursultan Nazarbayev." 8. It has been established that many universities of Kazakhstan that consider themselves international were created without the conclusion of a direct agreement between the Government of the Republic of Kazakhstan and the governments of foreign states. The degree of participation of the Government of the Republic of Kazakhstan in the creation of international universities of this type varied: in one case it occurred through the conclusion of an intergovernmental agreement after the international university had already been created, while in another it was limited solely to the participation of representatives of the Government of Kazakhstan in the opening ceremony of the international universities. Many higher educational institutions, taking the classical principles of Kazakhstani universities as their foundation, adapted them to new socioeconomic conditions using progressive elements of the world's leading universities. In this connection, universities entered into direct contact with many foreign partners and thereby laid the foundation for future Kazakhstani international universities, which were intended to become a model of a new type of institution. In the course of establishing partnerships at the international level, the necessary support was required first and foremost from the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan, representatives of embassies, and the teaching staff of foreign higher educational institutions. Since it is well known that the support of the Kazakhstani side came on behalf of the President of the Republic of Kazakhstan, foreign parties for the most part approved of Kazakhstani initiatives — such as the conclusion of agreements with various foreign educational organizations. 9. It has been determined that the study of the experience of the world's leading countries in the development of higher education is of great importance for understanding global processes and developing the status of international universities in Kazakhstan. An analysis of the legislation of both individual European Union member states and the European Union as a whole demonstrated that the internationalization of higher education refers to the process of integrating international and intercultural qualities into the teaching, research, and service functions of universities. The process of internationalization is actively taking shape in the culture, policies, planning, and organizational processes of higher educational institutions, which ultimately reveals its rational and sustainable character. The conclusion has been drawn that the motives underlying the processes of internationalization that lead to the emergence and launch of international-level universities differ considerably across European Union countries depending on such characteristics as the type of university and the nature of its national system, since European countries differ in economic, territorial, cultural, and other aspects. In this regard, the legislation of European Union countries distinguishes groups of states according to specific criteria and takes one country within each group as the basis, thereby examining them through classification. It has been identified that European universities, relying on internationalization trends thanks to the granting of broad autonomy rights, strive to attract a large number of foreign students. The norms of higher education legislation are also directed toward this goal, as they promote international, and especially European, cooperation among higher educational institutions in general; it is also necessary to mention the exchange in the field of higher education and between foreign universities, as well as the consideration of the special needs of foreign students. 10. It has been established that education still formally falls within the internal competence of the member states of the European Union and that the leadership of the European Union has the right to support and supplement the initiatives of national governing bodies in this sector. At the same time, the institutions and non-institutional actors of the European Union, demonstrating flexibility, coordinate their actions through innovative methods, applying various strategies to strengthen governance processes, the Lisbon Strategy of the European Union, and the trends of unified European governance in the field of higher education. 11. It has been substantiated that Kazakhstan's accession to the Bologna Declaration had a positive impact on the development of international universities in Kazakhstan. In particular, it accelerated the processes of internationalization and the transition to a three-level model, and strengthened international cooperation in ensuring the quality of education, intercultural exchange, and the mobility of students and faculty. The dissertation demonstrates that the objectives of Kazakhstan's international universities are consistent with the goals and objectives of the Bologna Process, including the formation of institutional autonomy within the framework of the approach to the distribution of authority in regulating and managing higher educational institutions; the transition to a credit-based system of instruction; the establishment by international universities of structural partnerships with the business community; the implementation of international credit transfer; the possibility of developing and implementing double degree and joint degree programs; and other elements. 12. It has been substantiated that the improvement of the quality of education at international universities is ensured through various means and instruments, including the accreditation system and evaluation by world and Kazakhstani rating agencies. International universities are constantly in search of ways to improve the quality of education, since the improvement process is regarded as an important factor in the internationalization of education and science. The main directions for improving the quality of education are the development and introduction of new educational programs, the strengthening of the system of mobility of students and faculty, the expansion of the field of double degree projects, the improvement of the credit system, the development of multilingualism, the strengthening of interstate cooperation, the deepening of intercultural interaction, and others. The factors ensuring the implementation of the education quality improvement policy are the accreditation systems of higher educational institutions, the participation of universities in evaluations by world and Kazakhstani rating agencies that assess their activities, as well as engagement with the principal stakeholders of universities. On the basis of such analysis and taking into account established practice, theoretical recommendations and specific proposals were formulated for improving the legal regulation of relations associated with the activities of international universities and the improvement of the system of higher and postgraduate education: 1. For the purpose of enshrining in legislation the deeply rooted and internationally established practice — in particular, the practice observed by all higher and postgraduate educational organizations in the world, which consists in the fundamental transformation of the purely national significance of universities into an international one — it would be appropriate to supplement Article 65 of the Law of the Republic of Kazakhstan "On Education" with clause 4-1 of the following content: "Alongside international educational institutions created on the basis of international treaties within the framework of international cooperation or by decision of the Government of the Republic of Kazakhstan or the authorized body in the field of science and higher education, and possessing international status, all organizations of higher and postgraduate education are not prohibited from calling and positioning themselves as international, provided that their areas of activity correspond to the international level on the basis of rating indicators." 2. Since clause 4 of Article 65 of the Law of the Republic of Kazakhstan "On Education" provides for only two options for creating international higher educational institutions in the narrow sense in the Republic of Kazakhstan — on the basis of international treaties or by decision of the authorized body in the field of science and higher education — Article 1 should be supplemented by the inclusion of subclause 21-4) of the following content: "International organization of higher and (or) postgraduate education — a higher educational institution that meets the requirements of subclause 21-3 of Article 1 and was created on the basis of international treaties or by decision of the authorized body in the field of science and higher education." 3. Similarly, it is proposed to supplement Article 1 with subclause 54-1) of the following wording: "International university — an organization of higher and (or) postgraduate education that meets the requirements of clause 54 of Article 1 and was created on the basis of international treaties or by decision of the authorized body in the field of higher education." 4. Article 5 of the Law of the Republic of Kazakhstan "On Education," which establishes the competence of the authorized body in the field of science and higher education, should be supplemented with subclause 96-1) of the following content: "Approves the provision on the status of organizations of higher and (or) postgraduate education created by decision of the authorized body in the field of science and higher education and deemed to be international, and within its framework develops criteria relating to their creation and functioning." 5. Since the legislation of the European countries that have signed the Bologna Declaration and are promoting its ideas throughout the world does not provide, within the system of recognition of the equivalence of educational and scientific degrees, for a requirement to mandatorily publish the results of a dissertation in the Scopus or Web of Science databases in order to be awarded the degree of Doctor of Philosophy (PhD), it is necessary to bring the Rules for Awarding Degrees, approved by Order of the Minister of Education and Science of the Republic of Kazakhstan dated March 31, 2011, into conformity with the international standards adopted in the European Union countries, and the said requirements should be abolished. This is logical, given that Kazakhstan is a signatory to the Bologna Declaration. In this regard, following the experience of European Union countries, it is proposed that the Minister of Science and Higher Education approve, by order, an "Expanded List of Kazakhstani and Foreign Scientific Publications" in such a manner that applicants for the PhD degree have the freedom of choice. This list should provide for the possibility of including all well-known scientific publications in the world, in which doctoral students publish four to five articles in publications of their own choosing. The scientific novelty of the dissertation research consists in the fact that the issues relating to public relations in the sphere of the emergence and functioning of international universities have for the first time been examined at the level of a dissertation study from the perspective of a holistic and substantive analysis of international and national legal aspects. In this connection, the distinctive feature of the dissertation is the application of comprehensive approaches in linking the functioning of international universities in the field under study with the issue of the internationalization and globalization of world processes in education, as well as the examination of legal issues. Approval of research results. The dissertation was prepared at the Department of Jurisprudence of the International Kazakh-Turkish University named after Khoja Ahmed Yasawi, and its discussion and peer review were conducted at the Department of Constitutional Law and Civil Law. The principal provisions of the dissertation are set forth in published articles, reports, and presentations at scientific and practical conferences. Six scientific articles have been published on the topic of the research, including: 1 article indexed in the Scopus database (Q2, Percentile 60); 4 (four) articles in journals approved by the Committee for Quality Assurance in the Field of Science and Higher Education of the Republic of Kazakhstan; and 1 (one) article in the proceedings of scientific and practical conferences. Personal contribution of the doctoral Candidate. The dissertation establishes the author's classification of international universities in the broad sense. It has been formulated that the legal foundation for the activities of international universities of various types is the system of legal norms at the international, national, and local levels. It has been substantiated that, despite the fact that the system of Kazakhstani legislation in the field of higher education is constantly undergoing changes, insufficient attention has been paid to the creation and functioning of international universities. The necessity of dividing such higher educational institutions into several types has been substantiated for the purpose of an objective analysis of the legal regulation of the activities of international universities with the participation of the Republic of Kazakhstan. It has been argued that one of the most prominent in the system of international universities created through intergovernmental agreements and functioning on the basis of the principle of equality of the parties in university governance and responsibility for its activities is the International Kazakh-Turkish University named after Khoja Ahmed Yasawi. It has been identified that one of the types of international universities of Kazakhstan created on the basis of an agreement between two governments consists of universities in which one of the contracting parties effectively acquires a dominant position in determining the development of the institution. An example of such an international university is the Kazakh-British Technical University. The creation of the governing bodies of this university, its financing, and the form and content of the educational process are determined exclusively by the Kazakhstani side. It has been established that many universities of Kazakhstan that consider themselves international were created without the conclusion of a direct agreement between the Government of the Republic of Kazakhstan and the governments of foreign states. It has been determined that the study of the experience of the world's leading countries in the development of higher education is of great importance for understanding global processes and developing the status of international universities in Kazakhstan. It has been established that education still formally falls within the internal competence of the member states of the European Union and that the leadership of the European Union has the right to support and supplement the initiatives of national governing bodies in this sector. It has been substantiated that Kazakhstan's accession to the Bologna Declaration had a positive impact on the development of international universities in Kazakhstan. It has been substantiated that the improvement of the quality of education at international universities is ensured through various means and instruments, including the accreditation system and evaluation by world and Kazakhstani rating agencies. All materials of the dissertation, all publications, and all provisions submitted for defence have been performed and developed personally by the author. The structure and volume of the dissertation research are determined by the goals and objectives that reflect the scientific and practical nature of the work. The dissertation is presented on 168 pages of typewritten text and consists of regulatory references, definitions, designations and abbreviations, an introduction, a main body, a conclusion, a list of references comprising 238 sources, and appendices.
