Russian Federation and Kyrgyzstan, who qualify for a fast-track naturalization procedure, also retain their nationality until their Kazakh citizenship has been granted.44 They give up their foreign passports only when they receive their new Kazakh passports, as do applicants qualifying for simplified procedures from Ukraine.45 The Constitution and citizenship law of Tajikistan also prohibit dual nationality with the exception of cases foreseen by law or international treaties to which Tajikistan is party.46 Such a treaty exists between Tajikistan and the Russian Federation since 1997.47 Tajikistan’s nationality legislation does not require someone applying for Tajik nationality to renounce his/her previous nationality but in practice the Tajik authorities also require this. Turkmenistan’s citizenship legislation expressly prohibits dual nationality.48 All categories of applicants are required to submit a certificate confirming their renunciation of the other nationality in order to apply for naturalization.49 In Uzbekistan, all applicants for Uzbek nationality are likewise required to submit such a confirmation of renunciation.50 Kyrgyzstan permits dual nationality on the basis of bilateral/multilateral treaties and the laws of Kyrgyzstan and the other states. It does not recognise dual nationality with any of its neighbours.51 However, like Kazakhstan, Kyrgyzstan has found a way of ensuring renunciation of previous citizenship that does not put specific groups of persons concerned at risk of statelessness. It requires citizens from neighbouring States – China, Uzbekistan, Tajikistan and Kazakhstan – to write a renunciation notice for the record when they apply for Kyrgyz citizenship. This is kept with their national passports, and both are sent to their previous government when they receive a new Kyrgyz passport.52 Gaps compared to international standards: ► Apart from Kyrgyzstan, all States in the region require some or all applicants for citizenship to submit a certificate of renunciation of other previous citizenship together with their application for naturalization. Applicants are therefore stateless for at least the duration of the procedure and even indefinitely, if they do not actually acquire a new nationality. 44 Under a multilateral citizenship treaty between the States, dated February 1999. Article 43, Ministry of Internal Affairs Regulation No 556 ‘On Procedures for Considering Issues related to the Citizenship in Kazakhstan’, of 23 August 2002 (‘2002 Kazakhstan Ministry of Internal Affairs Regulation No 556’); Article 2, Agreement Between the Republic of Kazakhstan and Ukraine ‘On a Simplified Procedure for the Acquisition and Loss of Citizenship for Citizens of Ukraine who are Permanently Resident in the Republic of Kazakhstan and citizens of the Republic of Kazakhstan who are Permanently Resident in Ukraine and the Avoidance of Statelessness and Dual Nationality’, 19 May 2000. 46 Article 15, 1994 Constitution of Tajikistan; Article 4, 1995 Citizenship Law of Tajikistan. 47 Agreement on Dual Citizenship between Tajikistan and the Russian Federation (adopted 7 September 1995, entered into force 26 April 1997). 48 Article 7, 1992 Constitution of Turkmenistan (redaction of 28 September 2008). 49 Article 9, 1992 Regulation No 1328 ‘On the Procedure for Considering Petitions and Applications on Issues related to the Citizenship of Turkmenistan’. Although the Regulation restricts this requirement to persons who are citizens of countries with which Turkmenistan has an agreement on avoidance of cases of dual citizenship or whose country of nationality does not recognize dual citizenship, practice would indicate that the requirement is applied to all applicants for citizenship. 50 Article 17, 1992 Citizenship Law of Uzbekistan; 1992 Regulation No UP-500 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of Uzbekistan’. 51 Article 22(2)(1), 2007 Citizenship Law of Kyrgyzstan. Its neighbours are China, Uzbekistan, Kazakhstan and Tajikistan. 52 Article 54, Annex 2 to Presidential Decree No 473, 25 October 2007. 45 ~ 13 ~

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