Are private universities obligated to financially contribute to the Council for Higher Education?

The Higher Education Council of the Republic operates as a non-governmental, non-profit organization, does not perform state functions, and its decisions are not binding. This clarification was issued by the Ministry of Higher Education, Science, and Innovations.

The minutes of the council meeting held on November 29, 2024, included a proposal to transfer 4 percent of the funds from contracts with non-governmental universities to the Higher Education Council. However, legal experts have confirmed that non-governmental universities are not obligated to comply with this proposal.

According to the ministry, the council’s activities are guided by the Constitution and laws of Uzbekistan and are limited to developing recommendations. The council’s primary functions include preparing proposals to improve higher education institutions by studying advanced foreign practices, ensuring effective public oversight of education quality, developing training and innovation strategies, analyzing national and international higher education ratings, and assisting institutions in achieving global recognition.

The ministry emphasized that the proposed obligation to allocate 4 percent of contract-based education funds from non-governmental universities to the Fund for the Development of Higher Education Institutions has no legal basis. 

“Any actions and relations involving financial transactions must be based on appropriate agreements. The civil legislation of the Republic of Uzbekistan guarantees freedom of contract. The council has no mechanisms to enforce such actions within its framework or under the law. Thus, all financial and legal transactions must be voluntary and mutually agreed upon,” the ministry stated.

The ministry further noted that it considers decisions made by the council as internal matters of a non-governmental, non-profit organization. It also assured its readiness to address complaints regarding financial actions or violations of interests, pledging to review them in accordance with established procedures.