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On the ratification of the Convention on the Recognition of Qualifications Related to Higher Education in the European Region

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the ratification of the Convention on the Recognition of Qualifications Related to Higher Education in the European Region

The Law of the Republic of Kazakhstan dated December 13, 1997 N 202-I

     To ratify the Convention on the Recognition of Qualifications Related to Higher Education in the European Region, signed on April 11, 1997 in Lisbon.      

President of the Republic of Kazakhstan                                                  

  application                                      

THE CONVENTION            

ON THE RECOGNITION OF QUALIFICATIONS RELATED TO HIGHER EDUCATION                    

EDUCATION IN THE EUROPEAN REGION*                                          

  (the text is unofficial)      

 The Parties to this Convention,

            Aware of the fact that the right to education is a human right and that higher education, which serves as a key factor in the expansion and development of knowledge, is an extremely valuable cultural and scientific asset for each individual and for society, bearing in mind that higher education plays a vital role in strengthening peace mutual understanding and tolerance and in building mutual trust between peoples and countries, taking into account, That the wide variety of educational systems in the European region is a reflection of its cultural, social, political, philosophical, religious and economic diversity, which is an exceptional asset that requires full respect, desiring to provide all people of the region with the opportunity to fully benefit from this source of diversity by facilitating access to residents of each State and students of educational institutions of each Party educational resources of other States and, more specifically, by facilitating their efforts to continue their education or complete their period of study at higher education institutions in these other Parties, considering that the recognition of training courses, certificates, diplomas and degrees obtained in any other country in the European region is an important measure aimed at promoting academic mobility between the Parties, attaching great importance to the importance of the principle of autonomy of educational institutions and aware of the need to affirm and protect this principle, being convinced that, That the fair recognition of qualifications is a key element of the right to education, as well as the responsibility of society, taking into account the following conventions of the Council of Europe and UNESCO concerning academic recognition in Europe:           The European Convention on the Equivalence of Diplomas Leading to University Admission (1953, ETS 15) and its Protocol (1964, ETS 49); the European Convention on the Equivalence of Periods of University Education (1956, ETS 21);           European Convention on the Academic Recognition of University Qualifications (1959, ETS 32);           Convention on the Recognition of Academic Courses, Diplomas of Higher Education and Academic Degrees in the States of the European Region (1979);           The European Convention on the General Equivalence of Periods of University Education (1990, ETS 138), taking into account also the International Convention on the Recognition of Academic Courses, Diplomas of Higher Education and Academic Degrees in the Arab and European States of the Mediterranean Basin (1976), adopted within the framework of UNESCO and partly concerning academic recognition in Europe, recalling That this Convention should also be considered in the context of UNESCO conventions and international recommendations relevant to other regions of the world., and that it is necessary to improve the exchange of information between these regions, aware of the broad changes in the field of higher education in the European region since the adoption of the above conventions, which have led to a significantly increased diversification within and between national higher education systems, and the need to bring legal acts and practices in line with these processes, aware of the need to find joint solutions to practical recognition problems in the European region,           Aware of the need to improve current recognition practices and ensure that they are clearer and better adapted to the current state of higher education in the European region, confident of the positive significance of the Convention, developed and adopted under the joint auspices of the Council of Europe and UNESCO, which sets the framework for the further development of recognition practices in the European region, Aware of the importance of establishing permanent mechanisms In order to implement the principles and provisions of this Convention, have agreed as follows:                                              

 

Section I. DEFINITIONS           

Article I For the purposes of this Convention, the following terms have the following meaning: "Access (to higher education)" - the right of persons with appropriate qualifications to submit their candidacy and be considered for admission to a higher educational institution.           "Admission (to educational institutions and higher education programs)" is an action or system that allows candidates with appropriate qualifications to continue higher education at a particular educational institution and/or in a particular higher education program.           "Assessment (of higher education institutions and programs)" is the definition of the quality of education in a given higher education institution or in a given higher education program.           "Assessment (of individual qualifications)" is a written opinion or assessment by the competent authority of individual foreign qualifications.           The "Recognition Authority" is a body officially authorized to make binding decisions on the recognition of foreign qualifications.           "Higher education" means all types of courses of study or groups of courses of study, as well as training of specialists or researchers at the post-secondary level, which are recognized by the relevant authorities of the Party as constituting its higher education system.           "Higher education institution" is an institution that provides higher education and is recognized by the authorized body of a Party as part of its higher education system.           "Higher education program" is a course of study recognized by the authorized body of a Party as a component of its higher education system, and upon completion of which the student receives a higher education qualification.           A "period of study" is any component of a higher education program that has been evaluated and documented and which, although not a program of study, provides substantial acquisition of knowledge or skills.           "Qualification":            But. "Higher Education qualification" is any degree award document, diploma, or other certificate issued by an authorized body certifying the successful completion of a higher education program.           V. "Qualification granting access to higher education" is any diploma or other certificate issued by an authorized body certifying the successful completion of a study program and entitling its holder to consider his candidacy for admission to a higher education institution (see definition of access).           "Recognition" is an official confirmation by an authorized body of the importance of a foreign educational qualification for the purpose of its holder's access to educational and/or professional activities.           "Requirement": A. "General requirements" are the conditions that must be met in all cases for access to higher education or to a certain level of it, or for obtaining a higher education qualification of a certain level.           V. "Special requirements" are conditions that must be met in addition to the general requirements to ensure admission to a specific higher education program or to obtain a specific higher education qualification in a specific field of knowledge.                   

 

  Section II. COMPETENCE OF STATE BODIES           

Article II.1 1. In the event that the central authorities of a Party are authorized to make decisions on recognition issues, that Party becomes directly bound by the provisions of this Convention and takes the necessary measures to ensure the implementation of its provisions on its territory.           In the event that the constituent parts of a Party have the competence to make decisions on recognition issues, that Party, at the time of signing or when transferring its instrument of ratification, acceptance, approval or accession, or at any time thereafter, submits to one of the depositaries a brief statement on its constitutional structure. In these cases, the competent authorities of the constituent parts of the Parties designated in this way shall take the necessary measures to ensure the implementation of the provisions of this Convention on their territory.           2. In cases where individual higher education institutions or other bodies have the authority to make decisions on recognition, each Party, in accordance with its constitutional structure or structure, shall transmit the text of this Convention to such institutions and bodies and take all possible steps to facilitate their favorable consideration and application of its provisions.           3. The provisions of paragraphs 1 and 2 of this Article shall apply mutatis mutandis to the obligations of the Parties which they assume in accordance with subsequent articles of this Convention.            Article II.2           At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, each State, the Holy See or the European Community shall inform one of the depositaries of this Convention of the authorities authorized to make various types of decisions on recognition.            Article II.3 Nothing in this Convention shall be deemed to override any more favourable provisions concerning the recognition of qualifications issued in one of the Parties contained in or arising from an existing or future treaty to which a Party to this Convention may be or become a Party.  Conventions.                  

      

Section III. BASIC PRINCIPLES RELATED TO                         

                   TOWARDS THE ASSESSMENT OF QUALIFICATIONS           

Article III.1 1. Holders of qualifications issued in one of the Parties shall have adequate access, upon request to the relevant authority, to the assessment of these qualifications.           2. In this regard, no discrimination is permitted on any basis, such as gender, race, skin color, disability, language, religion, political or other beliefs, national, ethnic or social origin, membership of a national minority, property, class or other status of the applicant, or on grounds related to any other circumstances unrelated to the significance of the qualification for which recognition is sought. In order to exercise this right, each Party shall ensure that appropriate measures are taken when considering an application for recognition of qualifications solely on the basis of acquired knowledge and skills.  

    Article III.2  

          Each Party ensures the openness, consistency and reliability of the procedures and criteria used in the assessment and recognition of qualifications.          

 

 Article III.3 1. Recognition decisions are made based on relevant information about the qualifications for which recognition is sought.           2. The obligation to provide adequate information lies primarily with the applicant, who ensures the integrity of such information.           3. Regardless of the applicant's obligation, the educational institutions that have granted these qualifications are required to provide, upon request of the applicant and within reasonable limits, all relevant information to the holder of the qualification, the educational institution or the competent authorities of the country where recognition is sought.           4. The Parties shall instruct all educational institutions that make up their educational system, and, where appropriate, encourage them to comply with all reasonable requests for information in order to evaluate the qualifications obtained at the aforementioned institutions.           5. The responsibility for proving that the application does not meet the relevant requirements lies with the body carrying out the assessment.  

    Article III.4  

          In order to promote the recognition of qualifications, each Party ensures that adequate and clear information about its education system is provided.            Article III.5 Decisions on recognition shall be taken within a reasonable time, agreed upon in advance by the competent authorities carrying out recognition, and calculated from the time of submission of all necessary information on the request. If recognition is refused, the reasons for this refusal are explained and information is provided regarding possible measures that the applicant can take in order to obtain recognition at a later stage. If recognition is refused or if no decision has been taken, the applicant may appeal the decision within a reasonable time.                 

  Section IV. RECOGNITION OF QUALIFICATIONS GRANTING ACCESS                        

                    TOWARDS HIGHER EDUCATION          

 Article IV.1           Each Party recognizes qualifications issued by other Parties that meet the general requirements for access to higher education in those Parties in order to access the programs that make up its higher education system, unless it can be proven that there are significant differences between the general requirements for access in the Party in which the qualification was obtained and in The Party in which recognition of this qualification is sought.         

  Article IV.2 Alternatively, it is sufficient for a Party to provide the holder of a qualification issued in one of the other Parties with the opportunity to receive an assessment of that qualification at the request of the holder, and the provisions of Article VI.1 apply mutatis mutandis to such a case.  

         Article IV.3           In the event that a qualification grants access only to higher education institutions or to certain types of higher education programs in the Party where the qualification was obtained, each other Party grants holders of such qualifications access to similar programs in educational institutions that make up its higher education system, unless significant differences can be proven. the difference between the access requirements in the Party in which the qualification was obtained and in the Party in which recognition of that qualification is sought.          

 Article IV.4           In the event that admission to specific higher education programs depends on meeting special access requirements in addition to the general requirements, the competent authorities of the relevant Party may establish the same additional requirements for holders of qualifications obtained in other Parties, or assess whether applicants with qualifications obtained in other Parties meet equivalent requirements. other Sides.         

  Article IV.5           In the event that secondary education certificates obtained in a Party provide access to higher education only in combination with additional examinations as a precondition for access, other Parties may also make access dependent on these requirements or offer an alternative solution to meet additional requirements within their own educational system.   Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify one of the depositaries that it is using the provisions of this article, indicating the Parties to which it intends to apply this article, and there are also related reasons.           

Article IV.6 Without prejudice to the provisions of articles IV.1, IV.2, IV.3 and IV.4 Admission to a particular higher education institution or to study in a particular program at such an educational institution may be limited or selective. In cases where admission to higher education institutions and/or programs is selective, admission procedures are established to ensure that foreign qualifications are assessed in accordance with the principles of fairness and non-discrimination set out in section III.         

  Article IV.7 Without prejudice to the provisions of articles IV.1, IV.2, IV.3, IV.4 and IV.5 Admission to a certain higher education institution may be made dependent on the applicant's proof of sufficient knowledge of the language or languages taught at the relevant educational institution, or other specially designated languages.            Article IV.8           In Parties in which access to higher education can be obtained on the basis of non-traditional qualifications, similar qualifications obtained in other Parties are evaluated in the same way as non-traditional qualifications obtained in the Party in which recognition is sought.           

Article IV.9           In order to ensure access to higher education programs:  Each Party may recognize qualifications issued by foreign educational institutions operating in its territory, subject to specific requirements of national legislation or special agreements concluded with the Party to which such educational institutions belong.                             

Section V. RECOGNITION OF STUDY PERIODS          

Article IV.1           Each Party recognizes qualifications issued by other Parties that meet the general requirements for access to higher education in those Parties in order to access the programs that make up its higher education system, unless it can be proven that there are significant differences between the general requirements for access in the Party in which the qualification was obtained and in The Party in which recognition of this qualification is sought.         

  Article IV.2 Alternatively, it is sufficient for a Party to provide the holder of a qualification issued in one of the other Parties with the opportunity to receive an assessment of that qualification at the request of the holder, and the provisions of Article VI.1 apply mutatis mutandis to such a case.  

         Article IV.3           In the event that a qualification grants access only to higher education institutions or to certain types of higher education programs in the Party where the qualification was obtained, each other Party grants holders of such qualifications access to similar programs in educational institutions that make up its higher education system, unless significant differences can be proven. the difference between the access requirements in the Party in which the qualification was obtained and in the Party in which recognition of that qualification is sought.          

 Article IV.4           In the event that admission to specific higher education programs depends on meeting special access requirements in addition to the general requirements, the competent authorities of the relevant Party may establish the same additional requirements for holders of qualifications obtained in other Parties, or assess whether applicants with qualifications obtained in other Parties meet equivalent requirements. other Sides.         

  Article IV.5           In the event that secondary education certificates obtained in a Party provide access to higher education only in combination with additional examinations as a precondition for access, other Parties may also make access dependent on these requirements or offer an alternative solution to meet additional requirements within their own educational system.   Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify one of the depositaries that it is using the provisions of this article, indicating the Parties to which it intends to apply this article, and there are also related reasons.           

Article IV.6 Without prejudice to the provisions of articles IV.1, IV.2, IV.3 and IV.4 Admission to a particular higher education institution or to study in a particular program at such an educational institution may be limited or selective. In cases where admission to higher education institutions and/or programs is selective, admission procedures are established to ensure that foreign qualifications are assessed in accordance with the principles of fairness and non-discrimination set out in section III.         

  Article IV.7 Without prejudice to the provisions of articles IV.1, IV.2, IV.3, IV.4 and IV.5 Admission to a certain higher education institution may be made dependent on the applicant's proof of sufficient knowledge of the language or languages taught at the relevant educational institution, or other specially designated languages.            Article IV.8           In Parties in which access to higher education can be obtained on the basis of non-traditional qualifications, similar qualifications obtained in other Parties are evaluated in the same way as non-traditional qualifications obtained in the Party in which recognition is sought.           

Article IV.9           In order to ensure access to higher education programs:  Each Party may recognize qualifications issued by foreign educational institutions operating in its territory, subject to specific requirements of national legislation or special agreements concluded with the Party to which such educational institutions belong.                             

Section V. RECOGNITION OF STUDY PERIODS          

 Article V.1      

    Each Party recognizes the periods of study completed in the framework of the higher education program in the other Party. This recognition applies to such periods of study for the purpose of completing a higher education program in the Party in which recognition is sought, unless significant differences can reasonably be presented between the completed periods of study in the other Party and the part of the higher education program they are supposed to replace in the Party in which recognition is sought.         

  Article V.2 Alternatively, it is sufficient for a Party to provide a person who has completed a period of study under a higher education program in one of the other Parties with the opportunity to receive an assessment of this period of study at the request of the relevant person, and the provisions of article V.1 apply mutatis mutandis to such a case.          

 Article V.3           In particular, each Party shall promote the recognition of study periods in cases where: (a) there has been an earlier agreement between, on the one hand, the higher education institution or the authority responsible for the relevant study period and, on the other hand, the higher education institution or the recognition authority responsible for the requested recognition;           b) the higher education institution where the study period was completed has issued a certificate or an extract from the examination sheet certifying that the student has successfully fulfilled the established requirements for this period of study.            

 Section VI. RECOGNITION OF HIGHER EDUCATION QUALIFICATIONS         

  Article VI.1           Due to the fact that the decision on recognition is based on knowledge and skills certified by higher education qualifications, each  A Party recognizes higher education qualifications issued in another country.  A Party, except in cases where significant differences can reasonably be presented between the qualifications for which recognition is sought and the corresponding qualifications in the Party in which recognition is sought.         

  Article VI.2 Alternatively, it is sufficient for a Party to provide the holder of a qualification issued in one of the other Parties with the opportunity to obtain an assessment of that qualification at the request of the holder, and the provisions of Article IV.1 apply mutatis mutandis to such a case.        

   Article VI.3           A Party's recognition of a higher education qualification issued in one of the other Parties entails one or more of the following consequences:           (a) Access to further education in higher education, including relevant examinations, and/or training in degree programmes, under conditions similar to those applicable to holders of qualifications of the Party in which recognition is sought;           b) the use of an academic degree in accordance with laws and regulations  The Party or under its jurisdiction in which recognition is sought.           In addition, recognition may facilitate access to the labor market in accordance with the laws and regulations of the Party or its jurisdiction in which recognition is sought.          

 Article VI.4           An assessment of higher education qualifications in one of the Parties, issued by the other Party, may take the following forms::           (a) Recommendations regarding general employment objectives; (b) Recommendations to an educational institution with a view to its inclusion in the curriculum; (c) Recommendations to any other competent authority dealing with recognition issues.            Article VI.5           Each Party may recognize qualifications related to higher education issued by foreign educational institutions operating in its territory, subject to compliance with specific requirements of national legislation or special agreements concluded with the Party to which such educational institutions belong.          

 Section VII. RECOGNITION OF QUALIFICATIONS WHOSE HOLDERS       

   THESE ARE REFUGEES, DISPLACED PERSONS, AND PEOPLE WHO ARE                                               IN THE SITUATION OF REFUGEES         

  Article VII           Each Party, within the framework of its educational systems and in accordance with its constitutional, legal and regulatory provisions, shall take all possible and reasonable measures to develop procedures aimed at ensuring a fair and prompt assessment of whether refugees, displaced persons and persons in refugee situations meet the relevant requirements for access to higher education, continuing their studies in higher education or employment programs, even in cases where qualifications obtained in one of the Parties, they cannot be documented.                

   Section VIII. INFORMATION ABOUT THE ASSESSMENT OF HIGHER EDUCATION INSTITUTIONS                           

                   INSTITUTIONS AND PROGRAMS        

INSTITUTIONS AND PROGRAMS        

   Article VIII.1           Each Party shall provide adequate information on any educational institution that makes up its higher education system and on any program implemented by these institutions, in order to enable the competent authorities of other Parties to verify whether the quality of qualifications issued by these institutions justifies recognition in the country where recognition is sought. The following information is provided:           (a) In the case of the establishment by the Parties of a formal assessment system for higher education institutions and programmes: information on the methods and results of this assessment, as well as specific quality standards for each type of educational institution issuing higher education qualifications and for programmes leading to such qualifications;           (b) If the Parties have not established an official assessment system for higher education institutions and programmes: information on the recognition of various qualifications obtained at a particular higher education institution or under a higher education programme that make up their higher education system.         

   Article VIII.2           Each Party shall take adequate measures to compile, update and publish:           (a) An overview of the various types of higher education institutions that make up its higher education system, with characteristics specific to each type of institution; (b) A list of recognized higher education institutions (public and private) that make up its education system, indicating their authority to grant various types of qualifications and requirements for access to each type of educational institution and program;           (c) A description of higher education programmes; (d) A list of educational institutions located outside its territories that each Party considers to be part of its educational system.                     

  Section IX. INFORMATION ON RECOGNITION ISSUES          

 Article IX.1           In order to promote the recognition of higher education qualifications, the Parties undertake to establish open systems that provide a complete description of the qualifications obtained.          

  Article IX.2 1. Recognizing the need for relevant, accurate and updated information, each Party establishes a national information center or maintains an existing one and notifies one of the depositaries of its establishment and any changes related to it.           2. The National Information Center of each Party:           a) facilitates access to reliable and accurate information about the higher education system and qualifications of the higher education institution of the country in which it is located;           (b) Facilitates access to information on higher education systems and higher education qualifications of other Parties; (c) Provides advice and information on the recognition and evaluation of qualifications in accordance with national laws and regulations.           3. Each national information center has the necessary resources to enable it to perform its functions.             Article IX.3           The Parties shall promote, through national information centers or by other means, the use by higher education institutions of the Parties of annexes to UNESCO diplomas./The Council of Europe or any other comparable document.                            

      Section X. IMPLEMENTATION MECHANISMS         

  Article X.1           The following bodies monitor, promote and facilitate the implementation of the Convention:           a) The Committee of the Convention on the Recognition of Qualifications Related to Higher Education in the European Region; b) The European Network of National Information Centers on Academic Recognition and Mobility (ENIC Network), established on the basis of Decisions adopted on June 9, 1994 by the Committee of Ministers of the Council of Europe and on June 18, 1994 by the UNESCO Regional Committee for Europe.         

   Article X.2 1. The Committee of the Convention on the Recognition of Qualifications Relating to Higher Education in the European Region (hereinafter referred to as the "Committee") is hereby established. The Committee consists of one representative from each  Sides.           2. For the purposes of article X.2, the term "Party" is not used in relation to  The European Community.           3. The States mentioned in article XI.1.1, and the Holy See, if they are not Parties to this Convention, the European Community, as well as the Chairman of the ENIC Network, may participate in the meetings of the Committee as observers. Representatives of governmental and non-governmental organizations specializing in recognition in the region may also be invited to attend Committee meetings as observers.           4. The Chairman of the UNESCO Regional Committee for the Implementation of the Convention on the Recognition of Academic Courses, Diplomas of Higher Education and Academic Degrees in the States of the European Region is also invited to participate in the meetings of the Committee as an observer.           5. The Committee shall promote and monitor the implementation of this Convention. In this regard, it may adopt recommendations, declarations, protocols and examples of proven practice by the majority of the Parties in order to guide the competent authorities of the Parties during their implementation of the Convention and when considering applications for recognition of higher education qualifications. Although they are not related to the documents listed above.,  The Parties will do their best to follow them, bring these documents to the attention of the competent authorities and promote their application. The Committee requests the opinion of the ENIC Network before making its decisions.           6. The Committee submits a report to the relevant bodies of the Council of Europe and UNESCO.           7. The Committee maintains contacts with UNESCO regional committees that deal with the application of conventions on the recognition of courses of study, diplomas and degrees in higher education adopted under the auspices of UNESCO.           8. The majority of the Parties to the Convention shall constitute a quorum.           9. The Committee shall adopt its own Rules of Procedure. It holds its regular meetings at least once every three years. The Committee shall meet for the first time during the year following the entry into force of this Convention.           10. The secretariat of the Committee is jointly entrusted to the Secretary General of the Council of Europe and the Director General of UNESCO.          

  Article X.3 1. Each Party shall designate as a member of the European Network of National Information Centers Dealing with Academic Mobility and Recognition (ENIC Network), a national information center established or operating in accordance with Article IX.2. In cases where one of the Parties in accordance with Article IX.2 Several national information centers have been established or are operating, all of them are members of  However, the relevant national information centers have only one voice.         2. The ENIC network, limited to the national information center of the Parties to this Convention, monitors the practical implementation and promotes the application of the Convention with the help of authorized national authorities. A plenary meeting of the Network's participants is held at least once a year. It elects its Chairman and the Presidium in accordance with its powers.           3. The secretariat of the ENIC Network is jointly entrusted to the Secretary General of the Council of Europe and the Director General of UNESCO.           4. The Parties cooperate through the ENIC Network with national information centers of other Parties, in particular, helping them to collect all information useful to national information centers in the framework of their activities related to academic recognition and mobility.                         

 

     Section XI. FINAL PROVISIONS       

    Article XI.1 1. This Convention is open for signature:           a) member States of the Council of Europe; b) UNESCO member States of the European region; c) any other signatory, Contracting State or  A Party to the European Convention on Cultural Affairs of the Council of Europe and/or  UNESCO Convention on the Recognition of Academic Courses, Diplomas of Higher Education and Academic Degrees in the States of the European Region that have been invited to a Diplomatic Conference for the purpose of adopting this Convention.           2. These States and the European Community may express their consent to be bound by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; (c) accession.           3. The signature is carried out at one of the depositories. Instruments of ratification, acceptance, approval or accession shall be deposited with one of the depositaries.         

  Article XI.2 This Convention shall enter into force on the first day of the month following the expiration of a period of one month from the date on which five States, including at least three member States of the Council of Europe and/or UNESCO member States of the European region, have declared their consent to be bound by the provisions of the Convention. It shall enter into force for each other State on the first day of the month following the expiration of a period of one month from the date on which it expresses its consent to be bound by the provisions of the Convention.       

Article XI.3 1. After the entry into force of this Convention, any State other than those belonging to the categories listed in article XI.1 may apply for accession to this Convention. Any request for such a purpose shall be forwarded to one of the depositaries, who shall transmit it to the Contracting States at least three months before the meeting of the Committee of the Convention on the Recognition of Qualifications Relating to Higher Education in the European Region. The Depositaries also inform the Committee of Ministers of the Council of Europe and the UNESCO Executive Board.           2. The decision to invite the requesting State to accede to this Convention shall be taken by the Parties by a two-thirds majority.         3. After the entry into force of this Convention, the European Community may accede to it at the request of its member States, which is sent to one of the depositaries. In this case, article XI.3.2 does not apply.           4. In respect of any of the acceding States or the European Community, this Convention shall enter into force on the first day of the month following the expiration of a period of one month from the date of deposit of the instrument of accession with one of the depositaries.          

Article XI.4 1. The Parties to this Convention, which at the same time are  Parties to one or more of the following conventions: the European Convention on the Equivalence of Diplomas Leading to University Admission (1953, ETS 15) and its Protocol (1964, ETS 49); the European Convention on the Equivalence of Periods of University Education (1956, ETS 21); the European Convention on the Academic Recognition of University Qualifications (1959, ETS 32);           International Convention on the Recognition of Academic Courses, Diplomas of Higher Education and Academic Degrees in the Arab and European States of the Mediterranean Basin (1976);           The Convention on the Recognition of Academic Courses, Diplomas of Higher Education and Academic Degrees in the States of the European Region (1979); the European Convention on the General Equivalence of Periods of University Education (1990, ETS 138): a) follow in their mutual relations the provisions of this Convention;           (b) Continue to follow the conventions listed above, to which they are parties, in their relations with other States that are parties to these conventions, but not to this Convention.           2. The Parties to this Convention undertake to refrain from becoming Parties to any conventions listed in paragraph 1 to which they are not yet Parties, with the exception of the International Convention on the Recognition of Educational Courses, Diplomas of Higher Education and Academic Degrees in the Arab and European States of the Mediterranean Basin.          

  Article XI.5 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention applies.           2. Any State may at any time thereafter, by a declaration addressed to one of the depositaries, extend the application of this Convention.  Transfer of the Convention to any other territory specified in the application. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of one month from the date of receipt of such declaration by the depositary.           3. Any declaration made on the basis of the two preceding paragraphs may, in respect of any of the Territories indicated in such declaration, be withdrawn by notification addressed to one of the depositaries. The withdrawal takes effect on the first day of the month following the expiration of a period of one month from the date of receipt of such notification by the depositary.        

   Article XI.6 1. Any Party may denounce this Convention at any time by notification to one of the depositaries.           2. Such denunciation shall take effect on the first day of the month following the expiration of twelve months from the date of receipt of the notification by the depositary. However, such denunciation does not affect the recognition decisions taken earlier in accordance with the provisions of this Convention.           3. The issue of termination or suspension of this Agreement  The Convention, as a result of a violation by a Party of any of its provisions, which are fundamental to achieving the purpose and purpose of the Convention, is resolved in accordance with international law.         

   Article XI.7 1. Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserves the right not to apply in whole or in part one or more of the following articles of this Convention:        Article IV.8           Article V.3           Article VI.3           Article VIII.2           Article IX.3 No other reservations are permitted.           2. Any Party that has made a reservation in accordance with the preceding paragraph may withdraw it in whole or in part by notification addressed to one of the depositaries. The withdrawal of a reservation shall take effect on the date of receipt of such notification by the depositary.           3. The Party that has made a reservation with respect to the provisions of this  The Convention may not require the application of this provision by any other  However, if its reservation is partial or conditional, it may require the application of such a provision to the extent that it itself has accepted it.         

  Article XI.8 1. Draft amendments to this Convention may be adopted by the Committee  The Convention on the Recognition of Qualifications Related to Higher Education in the European Region, by a two-thirds majority of the Parties. Any draft amendment so adopted shall be incorporated into the Protocol to this Convention. The Protocol specifies the conditions for its entry into force, which in any case require the consent of the Parties to be bound by it.           2. No amendment to section III of this Convention is permitted in accordance with the procedure provided for in paragraph 1 above.           3. Any amendment proposal is brought to the attention of one of the depositaries, who transmits it to the Parties no later than three months before the meeting of the Committee. The Depositary shall also inform the Committee of Ministers.  The Council of Europe and the UNESCO Executive Council.            

Article XI.9 1. The Secretary General of the Council of Europe and the Director General  The United Nations Educational, Scientific and Cultural Organizations are depositaries of this Convention.           2. The depositary to whom any document, notification or communication has been deposited shall notify the Parties to this Convention, as well as the other member States of the Council of Europe and/or the European region to UNESCO of the following:           (a) Any signature; (b) The deposit of any instrument of ratification, acceptance, approval or accession;           (c) Any date of entry into force of this Convention in accordance with the provisions of articles XI.2 and XI.3.4; (d) Any reservation made in accordance with the provisions of article XI.7 and the withdrawal of any reservations made in accordance with the provisions of article XI.7; (e) any denunciation of this Convention in accordance with article XI.6; (f) any declarations made in accordance with the provisions of article II.1 or article II.2; (g) Any declarations made in accordance with the provisions of article IV.5;           (h) Any request for accession made in accordance with the provisions of article XI.3; (i) Any proposal made in accordance with the provisions of Article XI.8; (j) Any other action, notification or communication relating to this Convention.         3. The depositary, who has received a communication or has made a notification pursuant to the provisions of this Convention, shall immediately inform the other depositary thereof.            In witness whereof, the undersigned representatives, being duly authorized thereto, have signed this Convention.            

Done at Lisbon on April 11, 1997, in English, French, Russian and Spanish, all four texts being equally authentic, in two originals, one of which shall be deposited in the Archives.  The Council of Europe, and the other to the archives of the United Nations Educational, Scientific and Cultural Organization. Duly certified copies shall be sent to all States referred to in article XI.1, the Holy See, the European Community, as well as the Secretariat of the Organization  Of the United Nations.  

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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