3. If they clearly and seriously violated the legislation of the Kyrgyz Republic but there
are no grounds for bringing them to criminal responsibility.
Administrative deportation from the territory of the Kyrgyz Republic of foreign citizens and
stateless persons as a measure of administrative penalty is established and prescribed by
a judge (court). Along with the order to leave the country or administrative deportation, the
Ministry of Internal Affairs or the State Committee for National Security can place temporary
or permanent barring orders on entry to the Kyrgyz Republic, with mandatory notification of
the Ministry of Foreign Affairs and the Border Service of the Kyrgyz Republic.
The Final Act of the Convention indicates that non-refoulement is a generally accepted
principle. Non-refoulement, the principle of non-return of an individual to a territory where
that person is at risk of persecution, is clearly confirmed and interpreted in the provisions of
a number of international agreements, including Article 33 of the Convention on the Status
of Refugees, Article 3 of the Convention against Torture and Article 7 of the International
Covenant on Civil and Political Rights, as well as a number of regional human rights documents.
This Convention provision also appears in the legislation of the Kyrgyz Republic. Article
11 of Law 44 On Refugees of 25 March 2002 states that individuals who have received notification of refusal to be granted refugee status, or of withdrawal of refugee status, cannot
be deported to countries where their lives or freedom are in danger because of their race,
nationality, religion, citizenship, membership of a particular social group or political convictions, or to countries where they could become victims of torture or subjected to inhuman
treatment.
3.2.7 Naturalisation
The Convention states the Contracting States should as far as possible facilitate the
assimilation and naturalisation of stateless persons. In this context, assimilation does not
mean loss of concrete identification of persons, but their integration into the economic, social and cultural life of the country. In particular, the State should make every effort to expedite naturalisation proceedings including, where possible, reduction of charges and costs.
In many countries, including the Kyrgyz Republic, citizenship legislation envisages reduced length of legal residence in the country for refugees and stateless persons who apply for naturalisation. Thus, in Article 13, point 2 of the Law On Citizenship of the Kyrgyz
Republic, the five year period of foreign citizens and stateless persons to be resident in
the territory of Kyrgyz Republic in order to be naturalised under point 1, part 1 of the same
Article, is reduced to three years, under the following conditions:
1) Marriage with a citizen of the Kyrgyz Republic;
2) High achievements in the fields of science, technology or culture, or a profession or
qualification in demand in the Kyrgyz Republic;
3) Investment in priority areas of the economy of the Kyrgyz Republic;
4) Recognition as refugees under the legislation of the Kyrgyz Republic.
This term is reduced to one year, if (Article 14, point 1):
1) The person has at least one relative who is a citizen of the Kyrgyz Republic and lives
on the territory of the Kyrgyz Republic;
2) The person was born in the Kyrgyz SSR and was a citizen of the former USSR;
3) The person is restoring citizenship of the Kyrgyz Republic.
43
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents