Thus, the legislation of the Kyrgyz Republic does not automatically exclude anybody
from being recognized as a stateless person, but in accordance with procedures that have
been established in it, a person could be refused a residence permit.
3.2.3 Eligibility
Though the 1954 Convention gives a definition of statelessness, it does not establish
how it is to be determined who is a stateless person. Therefore, it is in the interests both
of states, and of persons to whom the Convention may apply, that legislation is passed by
states to establish procedures for determining who is a stateless person. Such legislation
should also establish who makes the determination, and what the consequences are for
the individual of the determination.
If the individual has made an application to be recognised as stateless, or if the authorities have taken measures to determine if the individual is stateless, then it may be necessary to provide for temporary stay while the process is underway. The Convention does not
oblige states to grant a legal stay to an individual while his/her request for recognition as a
stateless person is being assessed. The practical realisation of such procedures depends
on the state in question. In this connection, in accordance with the principle of due process,
the applicant should be provided with certain guarantees, including:
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the right to individual examination of the claim in which the applicant may participate;
the right to objective treatment of the claim;
a time limit on the length of the procedure;
access to information about the procedure in language which the claimant can
understand;
access to legal advice and an interpreter;
the right to confidentiality and data protection;
delivery of both a decision and the reasons that underlie the decision; and
the possibility to challenge the legality of that decision.
In the Kyrgyz Republic, as in some other countries, there is no special procedure for
recognising stateless persons. However, there is a procedure for determining and recognising eligibility for citizenship of the Kyrgyz Republic. Articles 29 and 30 of the Law On
Citizenship of the Kyrgyz Republic gives a mandate to internal affairs bodies to determine
the eligibility of persons permanently resident in the territory of the Kyrgyz Republic, and to
the Ministry of Foreign Affairs, diplomatic representations and consular departments that of
persons permanently resident outside the territory of the country.
The procedure for determining and recognising eligibility for citizenship of the Kyrgyz
Republic for persons permanently resident in the territory of the Kyrgyz Republic is established in the Regulation on the Procedure for Considering Issues of Citizenship of the
Kyrgyz Republic, approved by Presidential Decree 473 of 25 October 2007. Based on a
personal application addressed to the territorial passport department of the internal affairs
body, checks are carried out to determine if the individual is eligible or ineligible for citizenship of the Kyrgyz Republic. This determination is approved by the head of the passport
department. The applicant is informed of the results. No time limit is established for the procedure. The Department of Passport and Visa Control under the Ministry of Internal Affairs
and its territorial subdivisions has conflict commissions which make determinations regarding persons who wish to clarify their eligibility for citizenship of the Kyrgyz Republic. These
are authorised to repeat the consideration of any application, and if an incorrect decision
has been made, to change the determination (Articles 29 and 30 of the Regulation on the
Procedure for Considering Issues of Citizenship).
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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