may take a long time, which could leave the child in a situation of statelessness. Therefore, there may be sense in creating a more concrete norm, based on the interests of the child. For example, if there is no agreement between the parents, it could be recommended to give the child citizenship of the Kyrgyz Republic on the conditions that the child was born in the territory of the Kyrgyz Republic, and there is a threat of the child becoming a stateless person. The provisions of Articles 1 and 4 of the 1961 Convention are more accurately met by Article 12, Point 3 of the Law On Citizenship of the Kyrgyz Republic, which states that a child, independent of place of birth, is a citizen of the Kyrgyz Republic if one of the parents at the time of birth is a citizen of the Kyrgyz Republic and the other a stateless person or unknown. Article 12, Point 4 of the Law On Citizenship of the Kyrgyz Republic recognises as a citizen of the Kyrgyz Republic a child born on the territory of the Kyrgyz Republic whose parents are stateless persons living on the territory of the Kyrgyz Republic. This norm partly meets the requirements of Article 1, Point 1(a) of the 1961 Convention, in which the Contracting State is obliged to bestow its nationality on a person born on its territory who otherwise would be a stateless person at birth under law. It does not, however, cover all situations where a child otherwise becomes stateless, such as situations where a child is born to two foreign parents who are both unable to transmit their nationality to the child, as well as children born to one such parent and a stateless person. Moreover, the norm only covers children born to stateless persons who are permanently resident in Kyrgyzstan. Article 12, Point 5 of the Law On Citizenship of the Kyrgyz Republic states that a child located on the territory of the Kyrgyz Republic, both of whose parents are unknown, is a citizen of the Kyrgyz Republic. This is the ‘foundling’ located on the territory of a Contracting Party that is covered in Article 2 of the 1961 Convention. Such a person acquires citizenship if his/her place of birth is not ascertained and it is presumed that the child was born on this territory to parents with citizenship of this state. Conditions for acquiring citizenship of the Kyrgyz Republic in general procedures are covered by Article 13 and in simplified procedures in Article 14 of the Law on Citizenship of the Kyrgyz Republic, for naturalisation. Naturalisation is the acquisition (granting) of nationality to a foreigner on their request. The idea is that any foreign citizen or stateless person can become a citizen of the state in question. There exist provisions in international practice under which ordinary naturalisation can take place after longer or shorter periods of residence by the foreigner on the territory of the state in question. It should be borne in mind that every state independently determines the conditions for granting nationality. They usually refer to a defined period of residence in the state, knowledge and respect of its laws and so on. Thus, in accordance with Article 13 of the Law On Citizenship of the Kyrgyz Republic, foreign citizens and stateless persons who have reached 18 years of age can apply to be granted citizenship of the Kyrgyz Republic regardless of descent, social position, race or nationality, sex, education, language, religious affiliation, political or other beliefs, under defined conditions. These conditions for granting citizenship of the Kyrgyz Republic are usually permanent residence on the territory of the Kyrgyz Republic for foreign citizens and stateless persons of five uninterrupted years directly before the application. This period is reduced to three years or to one year under conditions specified by the law. In addition to the residential qualification, qualifications prescribed include language, possession of a source of funding for survival and the obligation to adhere to the Constitution and legislation of the Kyrgyz Republic. The 1961 Convention recommends to states which chose to adopt the application approach in Art. 1(b) that granting of nationality can be made dependent on one the condition of lack of conviction for committing: 29 Small Changes ‫ ـ‬Big Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic

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