international legal documents addressing such ways of ending citizenship. First of all, the
Universal Declaration of Human Rights of 10 December 1948 should be noted, which in
Article 15, Point 2, enshrines the position that no one should be deprived of their nationality
or the right to change their nationality.
The problem of deprivation of citizenship is regulated in the 1961 Convention, under
which the conditions according to which citizenship can be deprived from a citizen are limited. In particular, Article 9 of the Convention establishes a direct prohibition on deprivation
of any person or group of persons of their nationality on racial, ethnic, political or religious
grounds. Nevertheless, Article 8 of the Convention allows the deprivation of nationality by
Contracting States in certain conditions. In particular, Article 8, Point 2 establishes that a
person can be deprived of nationality:
1) Firstly, in the circumstances in which, under paragraphs 4 and 5 of Article 7, it is possible that a person should lose his nationality;
2) Secondly, where the nationality has been obtained by misrepresentation or fraud.
In Article 8 Point 3 of the Convention, the right of a Contracting State to deprive a person of nationality may also be retained if at the time of signature, ratification or accession
it specifies its retention of such a right on one or more of the following grounds, being
grounds existing in national law at that time:
1) That the person, in disregard of a direct prohibition, rendered or continued to render
services to another state, or received or continued to received emoluments from
another State; conducted him or herself in a manner seriously prejudicial to the vital
interests of the State;
2) That the person took an oath or made a formal declaration of allegiance to another
State or gave direct evidence of his/her determination to repudiate his/her allegiance
to the Contracting State.
In the legislation of the Kyrgyz Republic, the understanding of “deprivation of citizenship” is not used. However, “loss of citizenship” as provided for in Article 26 of the Law On
Citizenship of the Kyrgyz Republic, in practice refers to deprivation of nationality under the
understanding of the 1961 Convention rather than to loss of nationality.
Thus, citizenship of the Kyrgyz Republic is lost, but in the understanding of the 1961
Convention deprived, in two cases:
1) As a result of the person undertaking military or intelligence service for a foreign
state, with the exception of cases provided for in established legal procedures in
force under international agreements, and the situations where a person is not permitted to renounce the citizenship of the Kyrgyz Republic;
2) If citizenship of the Kyrgyz Republic was acquired as a result of knowingly providing
false evidence or forged documents.
These two cases relate to issues of deprivation of citizenship (1961 Convention, Article 8,
Points 2)(b) and 3)(a)), which are referred to above. From this it follows that in the legislation of the Kyrgyz Republic, only two grounds for deprivation of citizenship are provided for
out of a possible 4 allowed for in Article 8 of the 1961 Convention, and this means that the
Kyrgyz Republic has significant guarantees for the preservation of citizenship. At the same
time it should be noted that if Kyrgyzstan accedes to the 1961 Convention, it should indicate that it retains the right to deprive citizenship in the first case, as this is already provided
for in Law, to fulfil the requirement of Article 8, Point 3 of the 1961 Convention.
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
32
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