of March 25, 2002 No. 44
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.
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.
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 the recognition by the refugee, and being the basis for registration of this person and members of his family in law-enforcement bodies 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 law-enforcement bodies 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.
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.
Regulations of international treaties on human rights have direct action and priority over regulations of other international treaties.
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.
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.
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;
- if concerning it serious reasons to believe are had that it committed crime against the world, war crime or crime against humanity;
- if it committed heavy or especially serious crime of non-political nature outside the Kyrgyz Republic and before it was allowed to the Kyrgyz Republic as person who is looking for shelter;
- if it is guilty of making of the actions contradicting the purposes and the principles of United Nations operation;
- if is citizen of the third state which protection it can use, or has the right to live in the territory of the third state legally, in the absence of any reasonable concern to fall victim of prosecution in this third state on the bases, the stipulated in Article 1 this Law;
- if has the status of the refugee in other state or uses the operating international protection of any country, or can return to this country and use its protection. Person to whom it will be refused provision of shelter in the Kyrgyz Republic on this basis shall be protected from return to the country where it was exposed to prosecution;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.