ship of another state is recognised in accordance with laws and international agreements
of the Kyrgyz Republic.
4. Kyrgyz who live beyond the borders of the Kyrgyz Republic, regardless of whether or not
they are citizens of another state, have the right to acquire citizenship of the Kyrgyz Republic under a simplified procedure. The procedure and conditions for acquiring citizenship of the Kyrgyz Republic are defined in law.
5. A citizen of the Kyrgyz Republic cannot be expelled from the country or extradited to another state.
6. The Kyrgyz Republic guarantees protection to its citizens beyond its borders.
This constitutional norm established the main principles of citizenship of the Kyrgyz
Republic. More concrete grounds, conditions and procedures for acquiring and terminating
citizenship of the Kyrgyz Republic are established in Law of the Kyrgyz Republic 70 On
Citizenship of the Kyrgyz Republic of 21 May 2007. Thus, in accordance with Article 5 of
this Law, citizens of the Kyrgyz Republic are:
1. Persons with citizenship of the Kyrgyz Republic on the day that this Law came into force;
2. Persons who were citizens of the USSR who have lived permanently for the last five
years (from the moment of applying to internal affairs’ bodies) on the territory of the Kyrgyz Republic and have not made a statement of affiliation to another state; and
3. Persons who have obtained citizenship of the Kyrgyz Republic in accordance with this
Law.
Issues of citizenship are matters for the domestic jurisdiction of every state. However the
application of domestic state decisions can be limited by analogous actions of other states
or international law. The first attempt by the international community to ensure citizenship
for all was the 1930 Hague Convention on Certain Questions Relating to the Conflict of
Nationality Laws, which was held under the auspices of the League of Nations. Article 1 of
the Convention states:
“It is for each State to determine under its own law who are its nationals. This law shall
be recognised by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognised with regard to nationality.”
In other words, how a State exercises its right to determine its citizens should conform to
the relevant provisions in international law. Throughout the 20th century, those provisions
gradually developed to favour human rights over claims of state sovereignty.
Article 15 of the 1948 Universal Declaration of Human Rights declares:
“Everyone has the right to a nationality. No one should be arbitrarily deprived of his nationality nor denied the right to change his nationality.”
This right is founded on the existence of a genuine and effective link between an individual and a state.
In this way, nationality is characterised as a basic human right. Nationality guarantees a
lawful connection between individuals and the state, and serves as the basis for application
of other rights, including the right to diplomatic protection and representation of the citizen
in the international arena, as well as the right to return to one’s country of citizenship.
The obligation to follow the norms of international law is also enshrined in the Constitution of the Kyrgyz Republic. Article 12, point 3 states:
“International treaties and agreements to which the Kyrgyz Republic is a Party that have
come into force, and also general principles and norms of international law are component
parts of the legal system of the Kyrgyz Republic.”
The same norm is included in the Preamble of Law 89 of the Kyrgyz Republic On International Agreements of the Kyrgyz Republic of 21 June 1999:
“International agreements are the legal basis for international relations of the Kyrgyz Republic.
21
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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