In Kazakhstan, there is a requirement for graduates of pedagogical, medical, veterinary, and agricultural specialties under the state educational order to fulfill a grant obligation. The duration of this service is at least three years after graduation. The Youth Information Service of Kazakhstan has prepared a guideline outlining what you need to know about the grant obligation system and what to do if the government forces you to fulfill the grant requirements.

Since 2016, the Law “On Education” requires students who have studied under government grants to work in their field at public organizations for at least three years. This requirement also applies to all students who enrolled in university under the state order starting from the 2017-2018 academic year.

In early 2021, the grant obligation requirements were relaxed: now graduates can fulfill their service period not only in public organizations but also in private ones.

Specialists who studied under the rural quota must complete their grant service in rural areas.

If a graduate does not want or cannot fulfill the grant obligation, they must return the funds to the state.

What to Do If You Are Being Forced to Fulfill a Grant?

1. Before Enrollment:

• Carefully read the contract before signing it.

• If you do not want to fulfill the grant obligation, you can refuse it before starting your studies by submitting a refusal application to the university where you received the grant.

2. During Studies:

• If you are already studying under a grant but did not receive a contract upon enrollment, request a copy from the administration. Review it carefully to understand whether you are obligated to fulfill the grant.

• If you received a grant during your studies, you must also sign the relevant contract and complete a shortened service period after graduation.

• If you are expelled from the university, the state may demand repayment of the amount spent on your grant education.

3. After Graduation:

• If a graduate does not secure a job in their field by September 1 of the graduation year, the financial center sends a notification to their registered address.

• If you receive this notification, you have two options:

a) Appeal to the court and challenge the grant obligation.

b) Find a job in your field by the specified date in the notification.

• If you are unable to find work in your specialty, you can register at the Employment Center as a job seeker. They will offer you available vacancies in your field.

Who Is Exempt from the Grant Obligation?

The Law “On Education” allows for exemptions from the grant obligation under certain circumstances:

• Enrollment in a master’s, doctoral, or residency program.

• Pregnancy.

• Sole custody of a child under three years old.

• Having a disability of the first or second group.

• Lack of suitable job vacancies in the place of residence.

Does This Violate My Human Rights?

Human rights advocate Tatiana Chernobyl clarifies that this issue relates to the contractual conditions that should be carefully reviewed before signing.

“Freedom of contract is one of the principles of civil law, which implies that no one forced you—you signed the agreement voluntarily,” she reminds. “The real question is whether it is fair to exploit someone’s economic hardship when they cannot afford to study at their own expense and agree to such terms.”

In her opinion, it is possible to contest the terms of the grant agreement in court if you can prove that you were coerced into signing or did not realize what you were signing.

You can also appeal to the court if you can demonstrate your economic vulnerability: that you would have been willing to study for a fee, but you had no opportunity to do so. Unfortunately, the state is not obligated to provide citizens with free higher education, only primary education.

“If the state requires you to fulfill a grant obligation, it should also assist in the employment of graduates,” Tatiana Chernobyl emphasizes. “This is a very complex issue, and the student community needs to begin negotiations with the government regarding the risks of unemployment, decent working conditions, and fair compensation.”

Who Has Already Encountered This?

In August 2019, Tomiris Zholdasova, a graduate of the Kazakh National Women’s Pedagogical University, received a notification from the Astana Financial Center stating that she had ten calendar days to secure a job in her specialty at a public institution. The document indicated that otherwise, she would be required to repay 2 million tenge through legal action.

When Tomiris enrolled in the university, this condition was not stated in the contract, and during her four years of study, she did not sign any agreement with the university or the Financial Center. It later became clear that the provision about the grant obligation was included in the Law of the Republic of Kazakhstan “On Education” at the time of Zholdasova’s admission in 2015. However, there was no mention of the obligation in her contract with the university. The university was supposed to draft an additional agreement regarding the grant obligation and obtain the student’s signature. Failing to do this, the university violated Zholdasova’s right to access information.

Ultimately, Tomiris Zholdasova had to fulfill her grant obligation.