The article considers educational migration as part of the general intellectual. The main trends associated with the movement of large masses of the population are identified. The main problems of the legal regulation of educational migration in modern Kazakhstani conditions are investigated. The current legislation in the field of education and science, which is the key to regulating legal relations, is analyzed. The norms of the formation of the state educational order as the main way of financing higher and postgraduate education are studied. Emphasis is placed on the role of the state in building the