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Deprivation of Kyrgyz citizenship requires special legal regulation

Deprivation of Kyrgyz citizenship doesn’t contradict the Constitution, however, it requires special legal regulation. This conclusion was made by the Constitutional Chamber.

Earlier, the Constitutional Chamber of the Kyrgyz Republic received the submission of the Ombudsman about the verification of Article 6 of the Law «On Amendments to Certain Legislative Acts in the Sphere of Countering Terrorism and Extremism," which amends the Law «On Citizenship of the KR," providing grounds for the loss of citizenship.

Article 6 of the challenged law was recognized as not contradicting the Constitution of the Kyrgyz Republic.

The Constitution proclaims Kyrgyzstan a sovereign, legal, democratic state, which means the country’s independence, including in the choice of legal and organizational mechanisms to ensure its institution of citizenship.

At the same time, the republic, as a part of the world community, must adhere to generally recognized principles and norms of international law and, accordingly, exclude the possibility of arbitrary deprivation of citizenship, providing in the constitutional law clear grounds, strict procedure for depriving citizenship, including judicial procedure for establishing facts of legal significance when resolving this issue.

The innovation introduced doesn’t worsen a person’s position in the matter of citizenship. The amendments only increased the requirements for the regulation of issues of deprivation of citizenship and the right to change citizenship through the adoption of a new constitutional law.

Constitutional Chamber

The Constitutional Chamber instructed the Parliament and the government in developing and adopting a constitutional law, regulating citizenship issues, to take into account the legal positions of the Constitutional Chamber.