Without defining the concept of an international university and highlighting its features, Kazakh legislation in the field of higher education allows the creation of international universities based on intergovernmental agreements or government decrees. However, Kazakh practice took a different path when international universities began to be established without complying with the conditions stipulated by law. The purpose of the article was to discuss the legal basis for the creation and functioning of international universities in Kazakhstan. The study involved an in-depth analysis of Kazakhstan’s legislation pertaining to higher education and international universities. This included a review of legal documents, comparative analysis with international standards, and examination of case studies of existing international universities in Kazakhstan. Approaches to the concept and content of international universities in scientific literature were analyzed. According to the scientific doctrine and practice of creating and operating universities, the concept of international universities comprises a wider list of universities based on various criteria than those provided for by Kazakh legislation. To classify some universities as international, the scope of their activities was defined, which should go beyond the national system of education and science, as evidenced by a university’s work on the internationalization of education, contributing to intercultural and international interaction. The article highlights that Kazakh legislation classifies universities as international only if they are created with the efforts of representatives of two or more countries. However, this approach does not reflect the real functioning of international universities. The paper also proposes ways to improve the current legislation to adequately reflect the establishment and system of activities of international universities.