Dinara Osmanova, Saule Amandykova, Leyla Amandykova, Nurbek Khairmukhanmedov, Nurmukhamed Myrzatayev
Background/Objectives: The education system's role in the state’s political, social, and economic, technical, technological, and cultural development is well known. It is the educational potential that ensures a decent image of the country and its place in the world community and determines a person's status in society. Education as a purposeful process intended to enrich an individual and groups of people with fundamental and applied knowledge corresponding to the modern development level covers the whole system of relations that develop between the state and the individual, the state and educational organizations, teachers and students, etc. These relations are governed by society's social norms and, above all, by the norms of law since the participants in educational relations are endowed with appropriate rights and obligations. Legal norms determine the educational process nature, consolidate the education system structure, establish the legal personality of educational organizations, teachers, and students; regulate relations in the education system management, its financial support; regulate the principles of the educational process arrangement that enables to ensure the enforcement of the rights and interests of all its participants. The implementation of the obtained theoretical results and recommendations will help to improve the domestic legal framework in the field of education, as well as enable to form and develop educational law in the Republic of Kazakhstan as a branch of law, and to create the preconditions for the formation and improvement of competitive educational programs. Methods/Statistical analysis: In recent years, the following dissertations have been written in the legal science of Kazakhstan in the field of legal regulation of educational activities: M.S. Beibitov “Self-government in higher educational institutions of the Republic of Kazakhstan (organizational and legal problems)” (1996) [1] and R.R. Sultanov “Organizational and legal issues and the implementation of the constitutional right to education in the Republic of Kazakhstan” (2006). Both studies have made a certain contribution to national science and practice. A comprehensive study of the educational process and the prospects for its development in the light of the legislatively enshrined institutional autonomy of universities is performed for the first time in the national science of jurisprudence. Findings: The implementation of the obtained theoretical results and recommendations will help to improve the domestic legal framework in the field of education, as well as allow the formation and development of educational law in the Republic of Kazakhstan as a branch of law, and create the preconditions for the formation and improvement of competitive educational programs. Novelty/Applications: Work scientific novelty: the state function in the sphere of regulating national educational policy through the prism of modern scientific knowledge, modern world trends has been revised; the theoretical and legal foundations of the national educational system regulation of the Republic of Kazakhstan has been studied; the analysis of the system of functioning of the autonomy of organizations of higher and postgraduate education in the Republic of Kazakhstan has been performed; the experience of some foreign countries in the implementation of higher and postgraduate education has been studied; proposals and recommendations aimed at the effective implementation of the national system of higher and postgraduate education and its further development have been developed.