Law of the Republic of Kazakhstan on Citizenship (1991) (English)
The Law of the Republic of Kazakstan
on Citizenship of the Republic of Kazakstan
(Unofficial Translation)
Citizenship of the Republic of Kazakstan defines stable political and legal relations between the idividual and the Government and reflects all their mutual rights and responsibilities. I the Republic of Kazakstan each individual has the right to citizenship. Citizenship in the Republic of Kazakstan is obtained and terminated in accordance with this Law.
Citizens of the Republic of Kazakstan can under no circumstances be deprived of citizenship or the right to change citizenship or be exiled from Kazakstan.
Chapter 1.
General Provisions
Article 1. Citizen and State
The Republic of Kazakstan which is represented by its agencies and officials is responsible to the citizens of the Republic of Kazakstan and the citizens of the Republic of Kazakstan are responsible to the Republic of Kazakstan. They are obliged to follow the Constitution and laws of the Republic ofKazakstan, protect the interests of the Republic of Kazakstan and its territorial integrity; respect the customs, traditions, state language and languages of every nationality living in Kazakstan, assist in the strengthening of the power, sovereignty and independence of the Republic ofKazakstan.
Article 2. Legislation on Citizenship of the Republic of Kazakstan
Citizenship of the Republic of Kazakstan is governed by the Constitution of the Republic of Kazakstan and other legislative acts of the Republic of Kazakstan issued in accordance with the Constitution.
Article 3. Belonging to the Citizenship of the Republic of Kazakstan
Citizens of the Republic of Kazakstan are individuals who:
acquired the citizenship of the Republic of Kazakhstan according to this Law; are permanently
residing in the Republic of Kazakstan as of the date of this Law.
Dual citizenship is not recognized by the Republic of Kazakhstan.
The Republic of Kazakstan allows for the return to Kazakstan of individuals and their descendants who were forced to leave Kazakstan during large periods of repression and forced collectivization, other periods of inhuman political actions and also the return of ethnic Kazaks living in other countries.
Article 4. Citizenship Document
The document confirming the citizenship of the Republic of Kazakstan is an identification card or passport of the citizen of the Republic of Kazakstan. Citizenship of children under 16 years old is confirmed by their birth certificates or the passport of either parent.
Article 5. Legal Status of Citizens of the Republic of Kazakstan
Citizenship of the Republic Kazakstan is uniform and equal regardless of the basis of its acquisition Citizens of the Republic of Kazakstan are equal before the law regardless of their origin, social or property status, racial or national background, gender, education, language, religious beliefs, political or other beliefs, type or nature of occupation, residence or any other circumstances. Citizens of the Republic of Kazakstan have full civil, political, economic and social rights and freedoms proclaimed and guaranteed by the Constitution and laws of the Republic of Kazakstan
Article 6. Legal Status of Citizens of Other States and Stateless Individuals
Individuals residing in the Republic of Kazakstan without holding citizenship have full rights and freedoms and are covered by the Constitution, unless exempt under laws and international agreements of the Republic of Kazakstan.
Article 7. Retaining of Citizenship of the Republic of Kazakstan
Residence abroad by a citizen of the Republic of Kazakstan does not result in the cancellation of citizenship of the Republic of Kazakstan.
In the case of marriage of a citizen of the Republic of Kazakstan to an individual who is not the citizen of the Republic of Kazakstan or in case of a divorce after such a marriage , citizenship is maintained.
Article 8. Unacceptability of Extradition of a Citizen of the Republic of Kazakstan to the Other State
Citizen of the Republic of Kazakstan cannot be extradited to a foreign state, unless authorized through international agreements with the Republic of Kazakstan.
Article 9. Protection of Citizens not residing in the Republic of Kazakstan.
The Republic of Kazakstan guarantees protection and patronage to all its citizens living outside of the country.
Chapter 2
OBTAINING CITIZENSHIP OF THE REPUBLIC OF KAZAKSTAN
Article 10. Basis for Obtaining Citizenship
Citizenship of the Republic of Kazakstan is obtained:
1) when an individual is born in the Republic of Kazakhstan;
2) as a result of being granted citizenship of the Republic of Kazakstan;
3) on the basis or according to procedures set down by international agreements of the Republic of Kazakstan;
4) on other basis described elsewhere in this Law.
Article 11. Citizenship of Children of Parents who have Citizenship of the Republic of Kazakstan
A child of parents who on the date of birth of the child have the citizenship of the Republic of Kazakstan acquires citizenship of the Republic of Kazakstan regardless of the place of birth. Should both parents on the date of birth of their child reside outside of the Republic of Kazakstan, the citizenship of the child is acquired upon a written consent of both parents.
Article 12. Citizenship of Children whose Parents have Different Citizenship
Should one of the parents on the date of child's birth have different citizenship and the other be a citizen of the Republic of Kazakstan, the child is a citizen of the Republic of Kazakstan if:
1) he/she is born in the Republic of Kazakstan;
2) he/she is born outside of the country but one of his/her parents or both of them have permanent residence in the Republic of Kazakstan;
Should parents of a child on the date of his/her birth have different citizenship one of them being a citizen of the Republic of Kazakstan but both parents at that period having a permanent residence outside of the Republic of Kazakstan, the citizenship of the child born outside of the Republic of Kazakstan is acquired upon written consent of both parents.
A child of whom one parent on the day of birth of the child has citizenship of the Republic of Kazakstan and the other is a stateless individual or his/her citizenship is unidentified, is a citizen of the Republic of Kazakstan regardless of the place of birth.
Should the mother of a child be a stateless individual and the father a citizen of the Republic of Kazakstan, a child under the age of 14 becomes a citizen of the Republic of Kazakstan regardless of the place of birth. Should the child permanently reside outside of the Republic of Kazakstan, his/ her citizenship is acquired upon written request of both parents.
Article 13. Citizenship of Children whose Parents are Unknown
A child residing in the Republic of Kazakstan whose parents are unknown is a citizen of the Republic of Kazakstan.
Article 14. Obtaining Citizenship of the Republic of Kazakstan by Children of Stateless Individuals
A child bom in the Republic of Kazakstan to stateless individuals permanently residing in the Republic of Kazakstan is a citizen of the Republic of Kazakstan.
Article 15. Granting of Citizenship of the Republic of Kazakstan
Citizens of other states and stateless individuals can acquire the citizenship of the Republic of Kazakstan on their application according to this Law. The President of the Republic of Kazakstan makes decisions on the applications for acquiring citizenship of the Republic of Kazakstan.
Article 16. Conditions for Granting Citizenship of the Republic of Kazakstan
Citizenship of the Republic of Kazakstan can be granted to:
1) individuals who have been permanently residing in the Republic of Kazakstan for not less than five years or married to a citizen of the Republic of Kazakstan.
Meeting the requirements stipulated under Subparagraph 1 of this Paragraph is not necessary when granting citizenship the Republic of Kazakstan to under-aged or incapable individuals, or those who have rendered special services to to the Republic of Kazakstan, or those individuals and their descendants who have left the Republic of Kazakstan due to political reasons, or if they returned to reside permanently in the Republic of Kazakstan as their historical native land;
2) citizens of the republics of the former Soviet Union whose close relatives are citizens of the Republic Kazakstan: children (including those adopted), spouses, one of the adoptive parents, sisters, grandparents regardless of the period of their residence in the Republic of Kazakstan. Granting of citizenship to military servant stationed in the Republic of Kazakstan is regulated by international agreements of the Republic of Kazakstan.
Article 17. Basis of Refusal for Granting Citizenship of the Republic of Kazakstan
Applications for acquiring citizenship of the Republic of Kazakstan will be refused if an applicant:
1) committed a crime against humanity as defined by international law or if he acts against the sovereignty or independence of the Republic of Kazakstan;
2) is engaged in propaganda for infringement of unity and integrity of the territory of the Republic of Kazakstan;
3) carries out illegal activity non conducive to the public security or public health;
4) creates interstate, international or religious hostility or acts against the operation of the official language of the Republic of Kazakstan;
5) is arrested for terrorist activity;
6) is declared a dangerous recidivist by the court;
7) is a citizen of an other country.
Article 18. Repossession of Citizenship of the Republic of Kazakstan
Individual who were formerly citizens of the Republic of Kazakstan can reacquire this upon their application according to the requirements of this Law.
Chapter 3
CANCELLATION OF CITIZENSHIP
Article 19. Basis for Cancellation of Citizenship
Citizenship of the Republic of Kazakstan is cancelled under the following circumstances:
1) renunciation of the citizenship of the Republic of Kazakstan;
2) loss of citizenship of the Republic of Kazakstan.
Article 20. Renunciation of Citizenship
Renunciation of the citizenship of the Republic of Kazakstan is authorized on the basis of the individual's application according to the procedure established by this Law.
Renunciation of the citizenship of the Republic of Kazakstan might be rejected, if the applicant has outstanding obligations to the Republic of Kazakstan or property obligations related to material interests of citizens, enterprises, institutions, organizations or public associations located in the Republic of Kazakstan. Renunciation of the citizenship of the Republic of Kazakstan will be refused, if the applicant has been convicted of a criminal offence or is serving a sentence in accordance with the court's decision, or if the individual's renunciation of the citizenship of the Republic of Kazakstan conflicts with the interests of national security of the Republic of Kazakstan.
Article 21. Loss of Citizenship
Citizenship of the Republic of Kazakstan is lost;
1) upon the individual's enlisting in the military service, security service, police, departmentsjustice or other gencies of a government of another country, unless authorized by international agreements of the Republic of Kazakstan;
2) if the citizenship of the Republic of Kazakstan is obtained as a result of presentation of false information or false documents;
3) stipulated by interstate agreements of the Republic of Kazakstan;
4) if an individual is permanently residing outside the Republic of Kazakstan and has not reported to a Kazak mission abroad for five years without a valid reason. A child who is a citizen of the Republic of Kazakstan but adopted by citizens of other countries can upon the prior parents request renounce the citizenship of the Republic of Kazakstan, if the parents are permanently residing outside the Republic of Kazakstan or in case that a parent with whorn a child a going to stay renounces his/her citizenship of the Republic of Kazakstan and leaves for a permanent residence outside the Republic of Kazakstan.
Chapter 4
CITIZENSHIP OF CHILDREN IN CASE OF CHANGED CITIZENSHIP OF PARENTS AND ADOPTION
Article 22. Change of Citizenship of Children in Case of Change of Citizenship of Parents
Should both parents of a child change their citizenship and either become citizens of the Republic of Kazakstan or renounce their citizenship of the Republic of Kazakstan, the citizenship of any children under the age of 1 4 changes accordingly.
If only one of the parents is known and if the citizenship of this parent is altered, the citizenship of child under the age of 14 alters accordingly.
Article 23. Obtaining Citizenship of the Republic of Kazakstan by Children in Case of Obtaining Citizenship of the Republic of Kazakstan by one of the Parents
Should one of the parents become a citizen of the Republic of Kazakstan while the other parent remains a citizen of another country or a stateless individual, the child under the age of 14 residing in the Republic of Kazakstan can obtain the citizenship of the Republic of Kazakstan upon application request and upon a written consent of both parents.
Article 24. Retaining of Citizenship of the Republic of Kazakstan by Children in Case of one Parent's Renunciation of Citizenship of the Republic of Kazakstan
Should one parent renounce his/her citizenship of the Republic of Kazakstan while the other parent remains a citizen of the Republic of Kazakstan, any child under the age of 14 retains the citizenship of the Republic of Kazakstan. The child can be allowed to renounce the citizenship of the Republic of Kazakstan upon application and upon a written consent of both parents.
Article 25. Acquiring Citizenship of the Republic of Kazakstan by a Child in case of Child's Adoption.
Children under the age of 14 who are citizens of another country or stateless individuals who are then adopted by citizens of the Republic of Kazakstan become citizens of the Republic of Kazakstan.
Children under the age of 14 who are citizens of another country or stateless individuals who are then adopted by parents one of whom is a citizen of the Republic of Kazakstan while the other is not becomes a citizen of the Republic of Kazakstan based upon written consent of the adoptive parents.
Article 26. Retaining Citizenship of the Republic of Kazakstan by a Child under Guardianship
Should both parents or a single parent of children under the age of 14 who are residing in the Republic of Kazakstan renounce their citizenship of the Republic of Kazakstan and are deprived their parent rights, upon the application of their guardian children retain the citizenship of the Republic of Kazakstan.
Article 27. Retaining Citizenship of the Republic of Kazakstan by Children in cases of Adoption
Children under the age of 14 who are citizens of the Republic of Kazakstan and whom are adopted by citizens of another country or stateless individuals, or by parents one of whom is a citizen of the Republic of Kazakstan while the other is a citizen of another country or a stateless individual retains the citizenship of the Republic of Kazakstan, should they reside in the Republic of Kazakstan Such children can be allowed to renounce the citizenship of the Republic of Kazakstan upon application of adoptive parents.
Article 28. Requirement of Consent of Children to Changing their Citizenship
Change of citizenship of children aged 14 to 18 years old in cases of changes of citizenship oftheir parents or in cases of adoption is only possible with the consent of the children according to the procedure stipulated by Article 33 of this Law.
Chapter 5
POWER OF THE PRESIDENT OF THE REPUBLIC OF KAZAKSTAN
AND STATE AGENCIES IN RELATION TO CITIZENSHIP ISSUES
Article 29. Power of the President of the Republic of Kazakstan
In the Republic of Kazakstan the President of the Republic of Kazakstan is an official who makes decisions on citizenship issues.
The President of the Republic of Kazakstan makes decisions:
On granting citizenship of the Republic of Kazakstan to citizens of other countries and stateless individuals residing in the Republic of Kazakstan or outside the country;
On reacquiring of citizenship of the Republic of Kazakstan;
On renunciation of citizenship of the Republic of Kazakstan of citizens of the Republic of Kazakstan who are permanently residents in the Republic of Kazakstan or outside the country; On retention of the citizenship of the Republic of Kazakstan in cases stipulated by this Law;
Article 30. Power of Bodies of Internal Affairs
The Ministry of Internal Affairs, administrations, departments of internal affairs of cities, regions and municipal districts:
- may accept applications related to Kazak citizenship from individuals permanently residing in the Republic of Kazakstan along with required documents and submit them for review to the President of the Republic of Kazakstan;
- may register those who obtain citizenship of the Republic of Kazakstan or renounce the Republic of Kazakstan according to interstate agreements of the Republic of Kazakstan;
- may register the loss of citizenship of the Republic of Kazakstan by individuals who are permanently resident in the Republic of Kazakstan.
Article 31. Power of the Ministry of Foreign Affairs , Diplomatic Missions and Consular Institutions of the Republic of Kazakstan.
Ministry of Foreign Affairs , diplomatic missions, consular institutions and authorized representatives of the Republic of Kazakstan in other countries:
- may accept applications related to Kazak citizenship from individuals permanently residing outside the Republic of Kazakstan with supporting documents and submit them for review to the President of the Republic of Kazakstan;
- may register the loss of citizenship of the Republic of Kazakstan by individuals permanently residing outside of the Republic of Kazakstan;
- may register citizens of the Republic of Kazakstan permanently residing outside of the Republic of Kazakstan.
Should there be no diplomatic missions or consular institutions of the Republic of Kazakstan in a certain country, diplomatic missions and consular institutions of other countries may implement these functions based on appropriate agreements.
Chapter 6
PROCEEDINGS IN REVIEW OF APPLICATION AND STATEMENTS ON ISSUES RELATED TO CITIZENSHIP OF THE REPUBLIC OF KAZAKSTAN
Article 32. Procedure for Submitting Application on Citizenship Issues
Citizenship related applications are submitted to the President of the Republic of Kazakstan through authorities specified in Articles 30 and 31 of this Law. Period for review of an application or statement should not exceed six months.
Article 33. Form of Applications Related to Citizenship Issues
Applications for acquiring citizenship, reacquiring citizenship or renunciation of citizenship may be reviewed upon written request of an applicant. Applications related to individuals under the age of 18 and incapable individuals are reviewed based upon request from their legal representatives authorized by a notary or, should it be outside of the country, by a diplomatic mission, consular institution or authorized representative office of the Republic of Kazakstan.
When submitting an application for acquiring citizenship of the Republic of Kazakstan, recovery of citizenship of the Republic of Kazakstan or renunciation citizenship of the Republic of Kazakstan by children aged 14 to 18 written consent of the children is required which must be authorized by a notary and, should it be outside the country, by a diplomatic mission, consular institution or authorized representative office of the Republic of Kazakstan.
When submitting an application for renunciation of citizenship of the Republic of Kazakstan by a child under the age of 14 one parent of whom remains a citizen of the Republic of Kazakstan, a commendation from this parent should be presented where he/she indicates his/her opinion on the idea ofhis/her child renunciation of Kazak citizenship. Such a letter should be autorized by a notary and, should it be outside of the country, by diplomatic mission, consular institution or authorized representative office of the Republic of Kazakstan.
Should the applicant be unable to sign an application due to illiteracy or physical inability, an application of his/her request can be signed by other individuals who should be authorized by a public notary, diplomatic mission, consular institution or authorized representative office of the Republic of Kazakstan. Documents indicating the identification of the applicant should be attached to the application for receiving citizenship.
Article 34. Opinion on Citizenship Related Application
Bodies of internal affairs, diplomatic missions, consular institutions or authorized representative offices of the Republic of Kazakstan should submit their opinion on applications or statements related to citizenship issues together with a letter from the applicant where he/she assumes responsibility for observing conditions stipulated by Article 1 of this Law to the name of the President the Republic of Kazakstan through the Ministry of Internal Affairs or the Ministry of Foreign Affairs.
The Ministry of Foreign Affairs and a government agency dealing with migration should present a fair opinion to the President of the Republic of Kazakstan on expediency of granting or reacquirins citizenship of the Republic of Kazakstan of the applicant permanently residing outside of the country including the possibility of his/her employment, housing and other accommodation in the Republic of Kazakstan.
Opinions on the applications for renunciation of citizenship of the Republic of Kazakstan should indicate precise information on any outstanding obligations of the applicant to the Government or his/her property obligations related to material interests of citizens or enterprises, institutions and organizations, public associations, on criminal charges against him/her or him/her serving a sentence in accordance with the court's decision or his/her exiting a citizenship of the Republic of Kazakstan being against the interests of the national security of the Republic of Kazakstan.
Article 35. Commission under the President of the Republic of Kazakstan Dealing with Citizenship Issues
The President of the Republic of Kazakhstan has established a commission for preliminary consideration of citizenship issues specified in Article 29 of this Law. When reviewing applications and statements related to citizenship the Commission considers thoroughly the applicant's position, the content of the statement, the opinion of Government agencies, other documents and attested statements of witnesses.
The Commission has the right to request within a certain time documents and materials on the case under review from Government agencies and public associations which present specified information. The Commission presents recommendations on each application and statement to the President of the Republic of Kazakstan. The meetings of the Commission are only official when more than a half of the members are present. The decision is agreed by a simple majority of votes. The decision of the Commission is registered in the minutes and signed by all members of the Commission who participated in the meeting.
Article 36. Citizenship Acts
A decree of the President of the Republic of Kazakstan is issued on the granting, changing or refusing an application for citizenship.
New applications for citizenship are only reviewed a year after the previous decision was taken Should a significant circumstance arise of which the applicant was not and could not be previously aware the new application may be reviewed in a shorter period of time.
Article 37. Period of Acquiring or Losing Citizenship
Citizenship of the Republic of Kazakstan is acquired on the day:
1)of issuance of the Decree of the President of the Republic of Kazakstan on granting citizenship; 2) of birth or adoption of minors;
3) of issuance of the Decree of the President of the Republic of Kazakstan on granting citizenship of the Republic of Kazakstan to parents of minors;
4) of registration according to the procedure stipulated in interstate agreements; Citizenship of the Republic of Kazakstan is cancelled on the day:
-
of issuance of the Decree of the President of the Republic of Kazakstan on loss of citizenship;
of registration of its loss by the Government agencies according to the procedures stipulated in this Law;
of registration of renunciation of citizenship of the Republic of Kazakstan according to the procedure stipulated in the interstate agreements of the Republic of Kazakstan
Article 38. Period of Residence in the Republic of Kazakstan
The period of residence in the country specified in Paragraph 1 of Article 16 of this Law includes:
period of military service, providing the individual previously resided in the country and the interval between the day of dismissal from the army and the day of re-entering the Republic of Kazakstan for permanent residence did not exceed three months;
period of study abroad, providing the interval between the day of completing studies or leaving an educational establishment and the day of re-entering the Republic of Kazakstan does not exceed three months;
period of travel outside the country, providing the interval between the end of travel and the day of re-entering the Republic of Kazakstan does not exceed three months;
Calculation of the three-month period as specified in Part 1 of this Article may be extended for reasons of illness, natural disasters or other valid reasons. The period of residence in the country does not include periods of serving sentences determined by the court of other countries or the period of residence in the country during travel, medical treatment or other cases of temporary residence.
A period of residence in the Republic of Kazakstan does not include the period prior to the cancellation of citizenship of the Republic of Kazakstan.
Chapter 7
EXECUTION OF DECISIONS ON CITIZENSHIP
Article 39. Bodies Executing Decisions on Citizenship of the Republic of Kazakstan
Execution of decisions on citizenship related to individuals permanently residing in the Republic of Kazakstan is assigned to the Ministry of Internal Affairs of the Republic of Kazakstan, administrations, departments of internal affairs, cities, regions and municipal districts and in relation to individuals residing in other countries to the Ministry of Foreign Affairs of the Republic of Kazakstan, appropriate diplomatic missions, consular institutions or authorized representative offices of the Republic of Kazakstan.
Individuals who obtained citizenship of the Republic of Kazakstan are issued a passport of the Republic of Kazakstan by bodies of internal affairs, or by diplomatic missions or consular institutions. There is an appropriate stamp indicating citizenship of the Republic of Kazakstan that is made in passports of children under the age of 16.
Individuals residing in the Republic of Kazakstan whose Kazak citizenship is cancelled are issued recidence permits by bodies of internal affairs.
Article 40. Control over Execution of Decisions on Citizenship
The Commission under the President of the Republic of Kazakstan dealing with citizenship implement; control over execution of decisions on citizenship.
Chapter 8
APPEAL AGAINST DECISIONS ON CITIZENSHIP
Article 41. Appeal Against Decisions on Citizenship
Decisions on citizenship can be reversed by the President of the Republic of Kazakstan. Complaints on decisions on citizenship or loss of citizenship are submitted to the President of the Republic of Kazakstan.
It is possible to appeal against unreasonable refusal of applications on citizenship, violation of the period of review of applications, or other incompetent actions of officials which violate procedures for reviewing applications or procedures for executing decisions on citizenship under the law to a higher authority or court.
Chapter 9
INTERSTATE AGREEMENTS
Article 42. Application of Interstate Agreements
Should an interstate agreement of the Republic of Kazakstan establish rules other than those specified by this Law, rules of the interstate agreement should take precedence.
N.Nazarbaev
President of the Republic of Kazakstan
Almaty, December 20, 1991 #1017-XII