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LAW OF THE KYRGYZ REPUBLIC

of March 25, 2002 No. 44

About refugees

(as amended on 19-06-2020)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on February 14, 2002

This Law establishes conditions and the bases of provision, loss and deprivation of the status of the refugee, the right, obligation and responsibility of refugees and determines legal, economic and social guarantees of protection of the rights of refugees in the Kyrgyz Republic.

The Kyrgyz Republic provides to all refugees equal legal status without any distinction on the bases of sex, races, language, ethnic origin, religion, age, political or other convictions, education, country of source, property or other status, and also other circumstances.

Chapter 1. General provisions

Article 1. Concept of the refugee

The refugee the person who is not the citizen of the Kyrgyz Republic and petitioning before the Kyrgyz Republic for recognition of by the refugee which is out of the country of the civil accessory or the place of the permanent residence owing to reasonable concerns to fall victim of prosecutions on the basis of race, religions, nationalities, political convictions, belonging to specific social group, and also real danger to undergo to prosecution in the armed and international conflicts and which cannot, owing to such concerns is recognized, or does not wish to use protection of the country.

Article 2. The basic concepts used in this Law

The place of temporary content is place of stay of person petitioning for recognition by his refugee and members of his family at the check point through frontier of the Kyrgyz Republic.

The registration certificate of the petition (further - the certificate) the identity document of person which submitted the petition for recognition by the refugee, and being the basis for 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.

The certificate of the refugee - the identity document of person recognized as the refugee in the Kyrgyz Republic according to this Law, and forming the basis for 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.

Authorized body - the state body of the Kyrgyz Republic and its territorial structures enabling the realization of migration policy and coordinating the work concerning refugees.

Members of the family of person petitioning for provision of the status of the refugee in the Kyrgyz Republic or members of the family of the refugee (further - family members) - the spouse (a), their minor children and other relatives who are in his (her) dependence on condition of their cohabitation in the territory of the Kyrgyz Republic.

Person, petitioning for recognition by the refugee, is person who is not citizen of the Kyrgyz Republic and declares desire to be acknowledged refugee on circumstances, the stipulated in Article 1 this Law.

Article 3. Legislation on refugees

In the Kyrgyz Republic questions of refugees are regulated by the Constitution, this Law and other regulatory legal acts which came in accordance with the established procedure into force international treaties which participant is the Kyrgyz Republic, and also the conventional principles and rules of international law.

The part two voided according to the Law of the Kyrgyz Republic of 19.06.2020 No. 61

Chapter 2. Legal status of the refugees and persons who addressed with the petition for provision of the status of the refugee

Article 4. Procedure for the address with the petition for provision of the status of the refugee in the Kyrgyz Republic

The real opportunity of submission of such petition shall be given to person petitioning for provision of the status of the refugee.

For recognition of person by the refugee in the Kyrgyz Republic on the bases provided in article 1 of this Law, on arrival it shall address personally or through the representative on that the representative with the petition in the place of the stay:

- at check points through frontier - in the bodies exercising immigration control;

- in the territory of the Kyrgyz Republic - in Authorized body.

The petition for provision of the status of the refugee which arrived in the bodies exercising immigration control at check points through frontier is transferred within ten working days from the date of receipt to Authorized body which registers and carries out the procedure of determination of the status of the refugee.

In case of the emergency mass arrival on the territory of the Kyrgyz Republic of persons on the bases, the stipulated in Article 1 this Law, registration of specified persons is made without delay.

Acceptance of the petition for recognition by the refugee is performed in the presence of identity documents of the applicant and members of his family. The applicants who do not have identity documents shall provide the documents explaining the reasons of their absence or to provide explanations about lack of these documents.

The certificate granted by authorized body at the check point through frontier to persons petitioning for provision of the status of the refugee without documents granting the right to crossing of frontier is the basis for entrance of person on the territory of the Kyrgyz Republic for further holding procedure of determination of the status of the refugee.

To person who addressed with the petition for provision of the status of the refugee, the registration certificate of its petition in the form established by the Government of the Kyrgyz Republic for a period of three months is granted and prolonged before final decision according to its petition, including appeal stage.

Information about the members of his family who are with it is entered in the registration certificate of the petition for provision of the status of the refugee.

The procedure for consideration of the petition for provision of the status of the refugee is determined by the Government of the Kyrgyz Republic.

To person refuses in registration of the petition for recognition by his refugee in cases:

- if to person it was refused the recognition by his refugee according to the procedure established by the legislation on the refugees, on condition of absence who opened again or new circumstances earlier;

- if person is condemned according to the become effective court verdict for making of serious crime in the territory of the Kyrgyz Republic;

- if person had the status of the refugee earlier and voluntarily left the Kyrgyz Republic in country of source or the third country on permanent residence. 

Article 5. The basis on which the status of the refugee is not provided

Person cannot be recognized as the refugee in the Kyrgyz Republic on the following bases:

- if person which submitted the petition for recognition by his refugee has no bases provided in article 1 of this Law;

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