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On the ratification of the Agreement on the Mutual Recognition of Documents on Academic Degrees in the Member States of the Eurasian Economic Union

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

On the ratification of the Agreement on the Mutual Recognition of Documents on Academic Degrees in the Member States of the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated April 23, 2024 No. 77-VIII SAM

      To ratify the Agreement on the Mutual Recognition of documents on academic degrees in the member States of the Eurasian Economic Union, signed in Sochi on June 8, 2023.

     President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT on Mutual Recognition of Academic Degree Documents in the Member States of the Eurasian Economic Union

     The Government of the Republic of Armenia, the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Cabinet of Ministers of the Kyrgyz Republic and the Government of the Russian Federation,

      guided by the Treaty on the Eurasian Economic Union of May 29, 2014,  

     Striving to eliminate exceptions and restrictions in the field of labor migration by recognizing the conformity of academic degree documents,

     Attaching great importance to the creation of favorable conditions for ensuring access to professional activities for citizens of the Member States of the Eurasian Economic Union (hereinafter referred to as the Member States),

     Considering the provisions of the Declaration on the Further Development of Integration Processes within the Framework of the Eurasian Economic Union of December 6, 2018,

     have agreed on the following:

Article 1 Basic concepts

     For the purposes of this Agreement, concepts are used that mean the following::

     A "dissertation" is an independent scientific qualification work in which new scientific provisions are outlined and proved and which is carried out in a form that meets the requirements of the legislation of the Member States.;

     "documents on academic degrees" - documents on academic degrees of Doctor of Philosophy (PhD), doctor in profile, Candidate of sciences, Doctor of Sciences, issued on the basis of public defense of the relevant dissertation in accordance with the legislation of the Member States;

     "competent authorities" means the bodies (organizations) of the Member States that manage education and science, as well as public administration (authorities), educational organizations (institutions) of higher and postgraduate education, organizations (institutions) of additional professional education and scientific organizations of the Member States that certify scientific and scientifichighly qualified teaching staff;

     "recognition of documents on academic degrees" is the significance of documents on academic degrees recognized in the framework of labor migration in accordance with this Agreement for the professional activity of their holders in the state of employment in accordance with the degree awarded to them.;

     "authorized organizations" are organizations of the Member States that provide information support for the recognition of academic degree documents.

     Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 2 Scope of application

     This Agreement regulates issues related to the mutual recognition of academic degree documents within the framework of labor migration for their holders to carry out professional activities in the state of employment in accordance with the academic degrees awarded to them.

     The provisions of this Agreement shall also apply to documents on academic degrees issued before the entry into force of this Agreement, except for the case when, during the procedure for recognizing a document on an academic degree, a negative decision was made in the State of employment based on the results of the examination of the dissertation.

     In order to take into account the negative decisions taken during the procedure for the recognition of academic degree documents, Member States shall implement measures to ensure the availability of relevant information.

Article 3 Basic principles of recognition

     The Member States recognize the need to comply with the following basic principles to ensure the consistency (comparability) and fair recognition of academic degree documents:

     openness (publicity) of the dissertation defense procedure, with the exception of dissertations containing information constituting a state secret (state secrets);

     the objectivity, comprehensiveness and completeness of the examination of dissertations by the scientific community;

     involvement of scientists with a high level of scientific qualifications in the relevant scientific field as experts;

     independence of obtaining new scientific results by the applicant while working on the dissertation, as well as countering falsification of scientific results and illegal borrowings in the dissertation;

     high publication activity of applicants for academic degrees in peer-reviewed scientific publications in accordance with the scientific directions of dissertations, including in publications included in international databases and citation systems;

     maintaining the level of requirements for dissertations and applicants for academic degrees established by the legislation of the Member States in the field of certification of highly qualified researchers;

     cooperation and information interaction on the awarding of academic degrees, as well as in the development of national nomenclatures of scientific specialties (classifiers of training areas).

Article 4 Recognition of documents on academic degrees of Doctor of Philosophy (PhD), Doctor in profile and Candidate of Sciences  

     Documents on the academic degrees of Doctor of Philosophy (PhD), doctor in profile, Candidate of Sciences are recognized as appropriate (comparable) in the state of employment without conducting national recognition procedures, except in the case provided for in Article 6 of this Agreement.

Article 5 Recognition of documents on the academic degree of Doctor of Sciences

     Documents on the academic degree of a doctor of sciences are recognized as appropriate (comparable) in the State of employment without conducting national recognition procedures, with the exception of the case provided for in Article 6 of this Agreement.

Article 6 Application of national procedures for the recognition of academic degree documents

      National procedures for the recognition of academic degree documents may be applied by Member States in accordance with the legislation of the State of employment in the event that holders of such documents claim allowances (surcharges) and (or) benefits for academic degrees established in the State of employment, which are paid (provided) from the budget of the State of employment.  

Article 7 Compliance with necessary requirements

     The recognition of academic degree documents provided for in this Agreement is subject to Article 3 of this Agreement and does not release their holders from the obligation to meet the qualification and other requirements imposed by the employer (customer of works (services)) to carry out professional activities in accordance with the legislation of the state of employment.

Article 8 Authentication and provision of information

     In order to verify the authenticity (verification) of documents on academic degrees, to confirm compliance with the basic principles provided for in Article 3 of this Agreement, the holder of an academic degree, the employer (customer of works (services)), interested authorities of the Member States have the right to send requests to the competent authorities and authorized organizations of other Member States, as well as to use publicly available information resources.

     Requests provided for in this article shall be sent in writing in Russian and shall be considered in accordance with the legislation of the Member State to which the request is sent.

Article 9 Information support

     To implement this Agreement, the competent authorities identify authorized organizations that exchange information on the recognition of academic degree documents.

     Authorized organizations ensure that the following information is posted in Russian on their official websites on the Internet.:

     texts of regulatory legal acts regulating the awarding of academic degrees, as well as information on amendments to them;

     a list and samples of documents on academic degrees; a list of information required to be included in documents on academic degrees if such documents are issued by organizations authorized, in accordance with the legislation of the Member States, to independently award academic degrees.;

     information on scientific certification systems established in accordance with the legislation of the Member States, including nomenclatures (classifiers of training areas) and the content of scientific specialties in which academic degrees are awarded, as well as information on organizations authorized by the legislation of the Member States to independently award academic degrees.

Article 10 Expert consultations

     Issues related to the implementation of this Agreement, as well as amendments to it, are considered within the framework of consultations of experts from competent authorities with the participation of the Eurasian Economic Commission.

Article 11 Dispute resolution

     Disputes related to the interpretation and/or application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 12 Introduction of amendments

     By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols and are an integral part of this Agreement.

Article 13 Final provisions

This Agreement is an international agreement concluded within the framework of the Eurasian Economic Union and is included in the law of the Eurasian Economic Union.

     This Agreement shall enter into force on the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the member States of the internal procedures necessary for its entry into force, but not earlier than the date of entry into force of the Protocol on Amendments to the Treaty on the Eurasian Economic Union dated May 29, 2014, signed on March 31, 2022.

     Done in Sochi on June 8, 2023, in one original copy in Russian.

     The original copy of this Agreement shall be kept in the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

       

For the Government of the Republic of Armenia

For the Government of the Republic of Belarus

For the Government of the Republic of Kazakhstan

For the Cabinet of Ministers of the Kyrgyz Republic

For the Government of the Russian Federation

       

     I hereby certify that this text is a complete and authentic copy of the Agreement on the Mutual Recognition of Documents on Academic Degrees in the Member States of the Eurasian Economic Union, signed on June 8, 2023 in Sochi.:

      for the Government of the Republic of Armenia - Prime Minister of the Republic of Armenia Nikol Pashinyan;  

      for the Government of the Republic of Belarus - the Prime Minister of the Republic of Belarus R.A. Golovchenko;  

     for the Government of the Republic of Kazakhstan - by the Prime Minister of the Republic of Kazakhstan A. A. Smailov;

     for the Cabinet of Ministers of the Kyrgyz Republic - Chairman of the Cabinet of Ministers of the Kyrgyz Republic – Head of the Presidential Administration of the Kyrgyz Republic A. U. Japarov;

     for the Government of the Russian Federation – Chairman of the Government of the Russian Federation M. V. Mishustin.

      The original copy is kept at the Eurasian Economic Commission.  

     Director  

 

Legal Department  

 

Of the Eurasian Economic Commission

V. I. Taraskin  

  

 

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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