Introduction
The relevance of research into issues of nationality has risen with the adoption of Law
70 On Citizenship of the Kyrgyz Republic of 21 May 2007. Despite changes to the law, a
number of problems related to nationality and statelessness remain unresolved.
Research into issues of citizenship and statelessness is extremely topical, from both a
theoretical and a practical point of view, as these issues are closely tied with ensuring the
rights, freedoms and duties of citizens. The development of citizenship in modern times has
led to problems of statelessness, and this proves the relevance of this study and possible
further analysis, for improving the legal regulation of citizenship with the aim of reducing
and preventing cases of statelessness.
The need for this research also stems from that fact that, despite measures taken at
international and national levels in this field, there are still many disputed issues, and a
number of questions have still not adequately been addressed.
There are international treaties that protect the right to nationality and to fair treatment if
a person remains without a nationality. These are the 1954 UN Convention on the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Provisions
in the first treaty ensure fundamental rights and freedoms to stateless persons in Contracting States. At the same time these states are encouraged to assist with the integration and
naturalization of these persons. The second agreement reinforces the first and includes
provisions to prevent the emergence of new cases of statelessness. At present, about 70
states are party to these international agreements. The United Nations High Commissioner
for Refugees is mandated to promote prevention and reduction of statelessness and protection of stateless persons throughout the world.
The conventions are useful guidance for interested states, and suggest solutions which
can be based on national legislation. Therefore, the aim of this research is to undertake
comparative legal analysis of the legislation of the Kyrgyz Republic in this field in order to
establish to what extent it corresponds or does not correspond with the provisions of the
1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on
the Reduction of Statelessness.
PART 1. THE CONSTITUTION OF THE KYRGYZ REPUBLIC AND NORMS OF INTERNATIONAL LAW ON THE RIGHT TO A NATIONALITY AND THE PROBLEM OF
STATELESSNESS
Nationality is one of the forms of interaction between individuals and the state, and is expressed in legal and state links between them. Nationality is an integral part of state sovereignty but international law does place limits on the discretion of the State in this area. The
main logical basis for the institution of citizenship is the fact that it means that persons are
recognised by the state as not just legally significant individuals within their jurisdiction and
territory, but also those physical persons who “make up” the state. The importance of this
institution cannot be overemphasised. The right to nationality has a special place among
the basic human rights in Kyrgyzstan. This is primarily because the bulk of the rights, freedoms and duties of individuals enshrined in the Constitution and legislation in force in the
country are directly connected to citizenship. Only citizens of the state can enjoy these in
full.
Thus, Article 20 of the Constitution of the Kyrgyz Republic states:
1. Citizenship determines whether a person is affiliated to the Kyrgyz Republic and his/her
status.
2. A citizen of the Kyrgyz Republic, as a result of citizenship, has rights and obligations.
3. No citizen of the Kyrgyz Republic can be deprived of his/her citizenship or the right to
change his/her citizenship. For persons who are citizens of the Kyrgyz Republic, citizenSmall Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
20
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