The procedure for determining Kyrgyz citizenship
Presidential Decree #473 of 2007 granted authority to bodies called Conflict Commissions in provincial
Departments for Passport and Visa Control (DPVCs) of the Ministry of Interior of the Kyrgyz Republic to
consider applications from the category of persons described in Article 5 (former USSR citizens with five years
of permanent residence who have not declared that they possess the citizenship of another State).25 Through
the adoption in August 2013 of the Regulation on the Procedure for Considering Issues relating to the Citizenship
of the Kyrgyz Republic, approved by Presidential Decree No 174 (hereinafter the “2013 Citizenship Regulation”),
the Conflict Commissions were renamed Commissions for Citizenship Determination and their competence
broadened from determining whether someone is a citizen of Kyrgyzstan to determining whether the person
is a citizen of Kyrgyzstan, of a third State or stateless. The Commissions for Citizenship Determination are
composed of at least three persons who make decisions at the local level as to whether an individual is or is
not a Kyrgyz citizen or a stateless person under Article 5.26
The 2007 Law and Presidential Decree #473 contain a number of other positive developments. Among these are
flexible requirements for what may be considered proof of residence for the purpose of determining whether
a person is a Kyrgyz citizen. According to Presidential Decree #473, applications to the Commissions for
Citizenship Determination must include: a) the original and photocopy of documents confirming the identity
of the applicant (in practice a passport, including the Soviet passport); b) a detailed biography; c) two photos;
and d) a document which proves that the individual has resided permanently and continuously in the territory
of the Kyrgyz Republic. With the adoption of the 2013 Regulation, birth certificates are also considered valid
proof of identity.27 However, individuals who possess neither a passport nor a birth certificate are required
to go through the laborious process of establishing their identity through a court procedure for late birth
registration before they can apply to the commissions.
Importantly, USSR passport holders can be confirmed as citizens of Kyrgyzstan whether or not they possess
proof of permanent residence in Kyrgyzstan (propiska). Rather, the Commissions for Citizenship Determination
look for proof that the individual concerned is habitually resident in Kyrgyzstan. The documents which may be
considered as proof of residence in Kyrgyzstan include a passport with a registration stamp or a registration
document, a military service book (voennaia kniga), certificates from places of work (trudovaia kniga), diplomas
from educational institutions, and certificates from the place of residence.28 Testimony from a residence
committee or village chief, with the participation of a district police officer and three neighbours of the
individual concerned, was included in the list of possible forms of evidence of habitual residence in the 2013
25
Since 2009, the State Registration Service has become the successor agency to the DPVCs with regard to passport issuance and registration of
citizens.
26
According to Presidential Decree #473, paragraph 27, the following categories of persons are considered as falling under the competency of the
Commissions: (1) Former USSR citizens who still possess a Soviet passport (1974 type) and who have permanently resided in the Kyrgyz Republic
for the last five years (from the moment of addressing a department of the Ministry of Interior) and have not declared possessing the citizenship
of another country; (2) former USSR citizens with Soviet passports (1974 type) with a stamp to indicate temporary residence in the Kyrgyz Republic
(linked to the fact that they did not own property and were registered temporarily with family or friends) but who have permanently resided
for the previous five years (at the moment of addressing a department of the Ministry of Interior) and do not possess a notification that they
are citizens of another State; (3) persons who have lost their USSR passports (1974 type) but who held permanent or temporary residence in the
Kyrgyz Republic and who habitually reside there; (4) persons who were unable to obtain Kyrgyz passports in the past, either because they did not
fall under the criteria of the 1993 Citizenship Law or were orphans who were brought up by relatives or friends, and who are habitually resident
in the Kyrgyz Republic. By the adoption of the 2013 Citizenship Regulations, two new categories were added (paragraph 51):(…) 4) Persons who
permanently reside in the territory of the Kyrgyz Republic, possess Soviet passports (1974 type) with a notification of possession of citizenship
of a CIS member State, and to this date remain without a national passport of this State. This category of persons is required to submit a note
explaining why they do not possess a valid identity document in case the State concerned does not have a diplomatic or consular representation
in Kyrgyzstan, or, in particular cases, a certificate of loss or lack of citizenship of a foreign State; 5) persons who reside permanently on the
territory of the Kyrgyz Republic for five years or more, who possess expired passports of a CIS member State, and who are unable for reasons
beyond the control of the person concerned to extend or replace this passport with a valid one. Such individuals are required to submit a
declaration setting out the reasons for the failure to present a valid passport. Furthermore, in the new Citizenship Regulation, categories 1 and 2
above have been combined and the residence requirement has changed to “permanently or temporarily registered on the territory of the Kyrgyz
Republic”. It is also worth noting that the requirement “at/from the moment of addressing the Agencies of Interior” does not appear in the new
Regulation.
27
See Para. 53 of the 2013 Citizenship Regulation.
28
According to Para. 25 of Presidential Decree #473 of 2007.
16
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS