Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of December 14, 1993 No. 1296-XII

About legal status of foreign citizens in the Kyrgyz Republic

(as amended on 30-06-2023)

1. General provisions

Article 1. Subject of regulation of this Law

This Law determines basic rights, freedoms and obligations of foreign citizens in the Kyrgyz Republic, and also the foreign citizens who received the status of the compatriot with foreign citizenship establishes conditions and procedure for assignment and termination of such status.

Article 1-1. Foreign citizens and stateless persons in the Kyrgyz Republic

Foreign citizens and stateless persons the persons who are not citizens of the republic and having the evidence of the belonging to nationality of foreign state are recognized the Kyrgyz Republic.

Compatriots with foreign citizenship the foreign citizens and stateless persons which received the status of the compatriot with foreign citizenship in the procedure established by this Law are recognized.

According to the Constitution of the Kyrgyz Republic the stipulated by the legislation rights and freedoms are guaranteed to foreign citizens in the Kyrgyz Republic.

The stateless person - the person who is not the citizen of the Kyrgyz Republic and not having the evidence of the belonging to nationality of any foreign state.

The certificate which is the identity document and confirming the status of the stateless person is issued to the stateless person.

The certificate of the stateless person is the valid travel document.

The procedure for determination of the status of the stateless person and certification to the stateless person is established by the Cabinet of Ministers of the Kyrgyz Republic.

To the applicant petitioning for recognition by his face without nationality in the Kyrgyz Republic the registration certificate of its petition which is the identity document of the applicant, and the basis for legal stay in the territory of the Kyrgyz Republic and registration of this person and members of his family in the authorized state body in the sphere of registration of the population according to the procedure established by the legislation of the Kyrgyz Republic is granted.

Article 2. The legislation on legal status of foreign citizens and persons without citizenship in the Kyrgyz Republic

The legislation of the Kyrgyz Republic on legal status of foreign citizens and persons without citizenship consists of the Constitution of the Kyrgyz Republic, this Law, other regulatory legal acts of the Kyrgyz Republic, and also international treaties which became effective according to the legislation of the Kyrgyz Republic.

Article 3. The principles of legal status of foreign citizens and stateless persons in the Kyrgyz Republic

In the Kyrgyz Republic foreign citizens and stateless persons have the rights and fulfill duties on an equal basis with citizens of the Kyrgyz Republic, except the cases established by the law or the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic.

Foreign citizens and stateless persons are equal in the Kyrgyz Republic before the law irrespective of floor, race, language, disability, ethnic origin, religion, age, political or other convictions, education, origin, property or other status, and also other circumstances.

Concerning citizens of those states in which there are special restrictions of the rights and freedoms of citizens of the Kyrgyz Republic except for of the refugees and persons petitioning for provision of the status of the refugee, by regulatory legal acts of the Kyrgyz Republic response restrictions for the purpose of protection of homeland security, public order, health protection and morality of the population, protection of the rights and freedoms of other persons can be set.

Use by foreign citizens and stateless persons in the Kyrgyz Republic of the rights and freedoms shall not cause damage to the rights and legitimate interests of citizens of the Kyrgyz Republic and other persons, to interests of society and state.

Article 4. Obligation respect the Constitution of the Kyrgyz Republic and observe the laws of the Kyrgyz Republic

Implementation of the rights and freedoms provided in the Kyrgyz Republic by foreign citizens and stateless persons is inseparable from execution of obligations by them, the established legislation of the Kyrgyz Republic.

The foreign citizens and stateless persons who are in the republic shall observe the Constitution of the Kyrgyz Republic and its laws, be respectful to traditions and customs of the people of Kyrgyzstan.

Article 5. The foreign citizens who are constantly living and temporarily staying in the Kyrgyz Republic

Foreign citizens can constantly live in the Kyrgyz Republic if they have on that permission which is drawn up by the residence permit issued by authorized state body in the sphere of registration of the rights of the population or the status of the compatriot with foreign citizenship, either the status of the refugee, or the status of the stateless person.

The foreign citizens who are in the Kyrgyz Republic on other legal cause are considered as temporarily staying. They shall register in accordance with the established procedure the foreign passports or documents replacing them and to leave the republic after the stay term determined by it.

Article 6. Provision of shelter

The Kyrgyz Republic grants shelter to the foreign citizens and stateless persons pursued for political motives and also based on violation of human rights and freedoms, according to the international treaties which became effective according to the legislation of the Kyrgyz Republic.

II. Basic rights, freedoms and obligations of foreign citizens in the Kyrgyz Republic

Article 7. Labor activity

The foreign citizens who are constantly living in the Kyrgyz Republic can work as workers and employees at the companies, in organizations and the organizations or to be engaged in other labor activity on the bases and according to the procedure, established for citizens of the Kyrgyz Republic.

Temporarily staying foreigners can be engaged in labor activity if it is compatible to the purposes and terms of their stay in the Kyrgyz Republic or if the corresponding permission of authorized state body in the field of migration according to the procedure is got for that, determined by the Cabinet of Ministers of the Kyrgyz Republic.

Foreign citizens cannot be appointed to separate positions or be engaged in certain labor activity if according to the legislation appointment to these positions or occupation as such activities are connected with belonging to citizens of the Kyrgyz Republic.

Foreign citizens have the rights and perform duties in employment relationships on an equal basis with citizens of the republic.

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