foreign power, or also in other governmental bodies of a foreign State in the case of Uzbekistan,
Turkmenistan, Tajikistan and Kazakhstan.80 Loss on these grounds is generally not automatic.
In Tajikistan, in cases of misrepresentation or fraud, the procedure must be initiated within five years
of the acquisition of citizenship.81 The facts are initially established by a court, after which the
Ministry of Interior or consulates of Tajikistan, forward a written opinion to the Commission on State
Pardon and Citizenship under the President of the Republic of Tajikistan,82 and the President takes the
final decision.83
In Turkmenistan, it is also the President who takes decisions on loss of nationality in cases involving
citizenship acquired by misrepresentation or fraud.84 The facts first have to be confirmed through a
court decision before they are considered by the State Migration Service, or by a diplomatic
representation if the person is permanently resident abroad. These bodies then issue an opinion that is
sent to the President for decision.85 The President also decides on loss of citizenship on grounds
foreseen by Turkmenistan’s international treaty obligations. In cases involving service to a foreign
State, the loss of nationality occurs once the assessment has been made by a Turkmen diplomatic
representation abroad.86
In Kyrgyzstan, the President is also formally responsible for decisions on loss of nationality,87 but the
decisions are signed by the Minister of Interior/Foreign Affairs, or his deputy. This follows
consultations between several ministries – including the Ministry of Defence and National Security, in
cases of loss on the basis of service to a foreign State.88
In Kazakhstan, bodies of the Ministry of Internal Affairs verify allegations that a Kazakh citizen may
be acting in the service of a foreign state, or may have acquired citizenship through misrepresentation
or fraud. After informing the person of the reasons and grounds for withdrawing their citizenship, they
record the fact in a special register and inform the Interior Ministry headquarters on a quarterly basis.89
Loss of citizenship starts the day it has been registered.90 Every six months, the Ministry of Internal
Affairs gives information on people whose Kazakh citizenship has been withdrawn to the State Legal
Department of the Presidential Administration.91
Where allegations concern a Kazakh citizen resident abroad, the Ministry of Internal Affairs sends any
confirmed reports to the Kazakh Consulate in the State where they live. The consulate informs the
person of the reasons for terminating their citizenship and explains their right to have the decision
reconsidered. If any such request is unsuccessful, the Consulate records the fact of their loss of
nationality respectively, a distinction drawn on the basis of withdrawal ex lege (automatically) or through executive or
judicial act.
79
Article 30, 1995 Citizenship Law of Tajikistan; Article 26, 1992 Citizenship Law of Turkmenistan; Article 21(2), 1991
Citizenship Law of Kazakhstan; Article 26(2), 2007 Citizenship Law of Kyrgyzstan; Article 21.3, 1992 Citizenship Law of
Uzbekistan.
80
Article 26(1), 2007 Citizenship Law of Kyrgyzstan; Article 25(1), 1992 Citizenship Law of Turkmenistan; Article 21(1),
1991 Kazakhstan Citizenship Law; Article 29(1), 1995 Citizenship Law of Tajikistan; Article 21(1), 1992 Citizenship Law of
Uzbekistan.
81
Article 30, 1995 Citizenship Law of Tajikistan.
82
Section V, Para. 23, 1996 Regulation No 611 ‘On the Procedure for Considering Issues related to the Citizenship of the
Republic of Tajikistan’.
83
Article 39, 1995 Citizenship Law of Tajikistan.
84
Article 31 and Articles 23(2) and (3), 1992 Citizenship Law of Turkmenistan.
85
Articles 33 and 34, 1992 Citizenship Law of Turkmenistan.
86
Ibid, Article 23.
87
Article 28(3), 2007 Citizenship Law of Kyrgyzstan.
88
Articles 37-42, 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the Kyrgyz
Republic’.
89
Article 27, Kazakh Ministry of Internal Affairs Instruction No 556, 2002 ‘On Processing Citizenship Issues’.
90
Article 37, 1991 Citizenship Law of Kazakhstan.
91
Articles 26, 27 and 28 of the 2002 Instruction No 556 of the Kazakh Ministry of Internal Affairs ‘On Processing
Citizenship Issues’ and Articles 30 and 31, 1991 Citizenship Law of Kazakhstan.
~ 17 ~
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