ing this provision in the Citizenship Law itself in order to ensure a safe transition from one
nationality to another without the risk of becoming stateless.
A person who renounces their Kyrgyz nationality but does not acquire another one can
apply to have their Kyrgyz nationality restored. The process is similar to the one for simplified procedure of naturalization and requires one year of permanent residence in the Kyrgyz Republic before restoration (Article 14 and 15 the 2007 Citizenship Law). This could in
effect cause a person who renounced Kyrgyz nationality and did not acquire another one,
to be stateless for a certain a period of time.
Compliance with International Standards: A submission of written confirmation of
the possibility of granting the nationality of another state to the applicant, if they renounce
the nationality of Kyrgyz Republic, as required by para. 33 of the Citizenship Regulations,
does not seem to be a sufficient guarantee that nationals of the Kyrgyz Republic would not
become stateless. Therefore, the renunciation provisions of the 2007 Citizenship Law and
Regulations are in partial compliance with the standard of Article 7 of the 1961 Convention
which prevents the loss of nationality if another nationality is not possessed or acquired.
2.6 Loss and deprivation
Substantive Law: The 2007 Citizenship Law provides two grounds for loss or deprivation of Kyrgyz citizenship apart from voluntary renunciation. According to Article 26, the
nationality of the Kyrgyz Republic is deemed lost if:
(I) a person has either joined the military or intelligence services of a foreign state except in instances governed by international treaties to which the Kyrgyz Republic is
party to; and
(II) the nationality of the Kyrgyz Republic was acquired as a result of misrepresentation
or fraud.
Neither a marriage contract with a foreign national or a stateless person nor the dissolution of a marriage results in the loss of Kyrgyz citizenship (the 2007 Citizenship Law, Article
8). A change in nationality of one of the spouses does not automatically lead to a change in
the nationality of the other (ibid). Divorce does not lead to the loss of nationality for children
born or adopted within such a marriage (ibid).
The Citizenship Law does not refer to loss of Kyrgyz citizenship due to a prolonged residency abroad or failure to perform compulsory military or civil service or desertion. Equal
treatment of all nationals is guaranteed irrespective of the method used to obtain nationality, whether by birth, through marriage or naturalization (ibid, Article 4.4).
Procedural Issues and Internal Inconsistency: Procedures for the loss of nationality due to disloyalty (joining a military or intelligence services of a foreign state except for
instances governed by international treaties to which the Kyrgyz Republic is party) or misrepresentation and fraud are governed by the 2007 Citizenship Regulations. Therefore, if
there is evidence or information that a national of the Kyrgyz Republic joined the military or
intelligence services of a foreign state without the permission of competent authorities of
the Kyrgyz Republic, who are diplomatic representatives of the country (for nationals who
reside permanently outside the country), or internal affairs bodies (for nationals who reside
permanently in the country); an investigation is initiated then the results of the findings are
sent to the Ministry of Foreign Affairs or the Ministry of Interior who accordingly, make a
decision, in consultation with the Defence Ministry and National Security, on deprivation of
Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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