Law or policy reform enabling automatic acquisition of nationality
Recognition of stateless former USSR citizens as citizens and
simplified naturalization procedures through the 2007
Citizenship Law
Recognizing that many individuals had yet to replace USSR passports and confirm their
citizenship, Kyrgyzstan adopted the Law on Citizenship of the Kyrgyz Republic in 2007
(2007 Law).20 Shortly thereafter, Presidential Decree #473, “Regulation on Procedures
to Consider Issues of Kyrgyz Republic Citizenship” was issued, providing implementing
rules for the new law.
Article 5 of the 2007 Law automatically recognizes as Kyrgyz nationals former USSR
citizens who have permanently resided in the Kyrgyz Republic for the last five years
(from the moment of approaching an organ of the Ministry of Interior) and who have not
declared that they possess the citizenship of another State.21 Individuals falling within
this category are required to lodge an application with a citizenship determination
commission in the territorial passport unit. These citizenship commissions may
then confirm if a person is a Kyrgyz citizen, or a stateless person. This is significant,
considering that the process whereby citizenship is granted in Central Asia and
elsewhere in the Commonwealth of Independent States (CIS) region is usually highly
centralized, with naturalization decisions in most cases taken by the President. The
decentralized, non-discretionary procedure in Kyrgyzstan has meant that a large number
of cases have been processed in only a few years’ time (nearly 45,000 citizenship
determinations and replacements of USSR passports between 2009 and 2012). The
procedure for citizenship determination is also characterized by a remarkable degree of
flexibility and contains some important procedural safeguards, as described below.
Another important innovation in the 2007 Law was the inclusion of simplified
procedures for naturalization of foreign citizens and stateless persons. Article 13 sets
out the ordinary naturalization procedure, under which foreign citizens and stateless
persons who reach the age of 18 can apply to naturalize if they meet certain criteria.22
20 Law of the Kyrgyz Republic on Citizenship of the Kyrgyz Republic [Kyrgyzstan], available at: http://www.unhcr.org/refworld/
docid/4693a5e514f.html
21 This means that from the moment the individual applies for determination of Kyrgyz citizenship, the authority competent to
make the nationality determination counts backwards to see whether an individual contacted a department of the Ministry
of Interior five years ago or more (usually to regulate their residence status).
22 These include: a minimum of five years of permanent and continuous residence in the Kyrgyz Republic; ability to speak the
state or official language at a level sufficient for communication; a commitment to respect the Constitution and laws of the
country; and a source of income.
U N H C R > G P P A C T I O N 1 : R E S O LV I N G E X I S T I N G M A J O R S I T U AT I O N S O F S TAT E L E S S N E S S
23