(III) legal guardian or caretaker is a Kyrgyz citizen (this provision also includes mentally disabled children whose legal guardian or caretaker is a national of the
country). In such instances, the formal application of the legal guardian or caretaker is required (Article 14.3).
Section five of the Citizenship Law deals with naturalization procedures. A person files
an application with the territorial divisions of internal affairs bodies at their place of residence or with the consular section of the Kyrgyz embassy if they reside overseas (Article
31). The 2007 Citizenship Regulations provide that if a person whose application for citizenship is not accepted by the internal affairs bodies and an explanation of the reasons
for rejection is requested in writing, the internal affairs bodies has to grant such a request
(para. 15). Rejection to accept an application for nationality by the internal affairs bodies or
consulate maybe appealed to superior officials or the courts (para. 72, the 2007 Citizenship
Regulations).
Internal affairs bodies or consular sections of embassy’s conduct preliminary check of
the application and supporting documents and forward it along with the application file, to
the Ministry of Internal Affairs or the Ministry of Foreign Affairs. The Ministries conduct full
examination of the documents, issue an opinion in writing and forward the file to the Citizenship Commission of the President of the Kyrgyz Republic; at which point the applicant
is notified in writing that her/his application has been forwarded to the Commission (para.
19, the 2007 Citizenship Regulations). The review of the application by internal affairs bodies and the consular section should take no more than 90 days for an application under
the ordinary procedure, and 30 days for an application under simplified procedure (Article
34). Once the application file and opinion of the internal affairs bodies or consular sections have been examined, the Commission submits a written opinion on each individual
applicant to the President advising on the eligibility for admission or non-admission (Article
36). The final decision is made by the President of the Kyrgyz Republic and is executed as
a presidential edict (Article 37 and 38). Decisions on citizenship can be appealed in court
within six months of the date a decision was made (Article 41, the 2007 Citizenship Law).
It further sets a nine-month period for making decisions on naturalization through the ordinary procedures and a four-month one for those based on simplified procedures (para. 20).
Readmission agreements of the Kyrgyz Republic with other states do not stipulate the
acquisition or reacquisition of nationality by returning stateless migrants. However, nationality restoration maybe employed as an option for reacquisition of citizenship. Article 15 of
the 2007 Citizenship Law allows former nationals of the Kyrgyz Republic, including stateless persons, to restore their nationality. Nonetheless, the restoration procedure is not a
separate process: the simplified procedure for acquisition of nationality by naturalization as
described above is followed for restoration (the 2007 Citizenship Regulations, para. 24). In
addition, the nationality of the Kyrgyz Republic maybe acquired under bilateral or multilateral international treaties to which the Kyrgyz Republic is party to with other countries (the
2007 Citizenship Law, Article 11). Special manners of nationality acquisition as provided
in treaties or separate legal statutes of the Kyrgyz Republic (the 2007 Citizenship Regulations, para. 22 and 23) are adopted for domestic implementation.16 In other words, some
treaties or domestic legal acts may have rules and procedures relating to certain categories
of people, which can be applied beyond the realm of the citizenship acquisition provisions
of the 2007 Citizenship Law.
16 For example, a number of regulations such as the regulation on simplified manner of acquisition of nationality of Kyrgyz Republic by nationals of Tajiki-
stan approved by the Decree of the Government of Kyrgyz Republic No 220 dated 3 April 2006; or the regulation on simplified manner of acquisition
of nationality of Kyrgyz Republic by nationals of the Russian Federation approved by the Government of Kyrgyz Republic on 4 March 1999 №128, and
others, set the manner for renunciation of previous nationality and acquisition of nationality of Kyrgyz Republic in a simplified manner.
67
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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