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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 5, 2004 No. 229

About approval of the Regulations on recognition of the citizen of the Kyrgyz Republic by the forced migrant

(as amended of the Order of the Government of the Kyrgyz Republic of 19.08.2015 No. 584)

For the purpose of implementation of the Law of the Kyrgyz Republic "About internal migration" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on recognition of the citizen of the Kyrgyz Republic by the forced migrant.

2. To the Ministry of Foreign Affairs of the Kyrgyz Republic in two-month time to bring the regulatory legal acts into accord with this resolution.

3. Publish this resolution in mass media.

4. To impose control of execution of this resolution on department of international cooperation and department of cases of defense and law enforcement agencies of the Office of the Prime Minister of the Kyrgyz Republic.

Prime Minister

N. Tanayev

Approved by the order of the Government of the Kyrgyz Republic of April 5, 2004 No. 229

Regulations on recognition of the citizen of the Kyrgyz Republic by the forced migrant

The preamble voided according to the Order of the Government of the Kyrgyz Republic of 19.08.2015 No. 584

I. General provisions

1. This Regulations on recognition of the citizen of the Kyrgyz Republic by the forced migrant (further - the Provision) determine procedure for consideration of the petition and decision making about recognition of the citizen of the Kyrgyz Republic by the forced migrant, and also the terminations of the status of the forced migrant.

Forced migrants the citizens of the Kyrgyz Republic (further - citizens) forced to leave the place of the residence and to move to other area within the Kyrgyz Republic, in accordance with the circumstances, posing threat of their life, to health and safety, such as armed conflict, the mass riots, natural disaster, sharp deterioration in the environment, catastrophic crash of ecological and technogenic nature and other accidents and catastrophic crashes caused by activities of the person are recognized.

Treat forced migrants:

a) ecological migrants are the citizens who left the place of the residence and moved based on the decision of the Government of the Kyrgyz Republic to other area within the Kyrgyz Republic owing to sharp deterioration in state of environment or environmental disaster;

b) migrants from places of natural disasters, major accidents or catastrophic crashes - the citizens who left the place of the residence as a result of introduction of emergency state in the territory of their accommodation according to the Constitutional Law of the Kyrgyz Republic "About emergency state";

c) migrants from areas of armed conflicts and mass riots - the citizens who moved from areas where there are armed conflicts or mass riots, to safe areas of the Kyrgyz Republic, based on the decision of the Government of the Kyrgyz Republic on representation of authorized state bodies in the sphere of defense, internal affairs and civil protection.

2. Consideration of the petition of the citizen for recognition by his forced migrant, decision making about recognition of the citizen by the forced migrant and the terminations of this status is performed by authorized state body in the sphere of migration and its territorial subdivisions (further - bodies of migratory service).

3. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 19.08.2015 No. 584

4. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 19.08.2015 No. 584

5. The appeal of the citizen to bodies of migratory service with the petition for recognition by his forced migrant, the established form (appendix No. 1) is performed personally or by proxy the representative (further - the petition).

The authorized representative person who acts on behalf of represented by law (parents concerning minor children, adoptive parents concerning the minors adopted guardians and custodians concerning wards), or owing to the power based on the power of attorney certified in accordance with the established procedure is recognized.

Concerning children whose education is performed by completely child care facilities and also the full age persons needing guardianship or custody, and placed in the relevant organizations, accomplishment of obligations of guardians and custodians is performed by administration of organization in which there is ward.

6. In cases of arrival in bodies of migratory service of the children who lost parents during moving and also orphan children, bodies of migratory service take measures to their transfer of guardianship and custody to local authorities.

II. Procedure for consideration of the petition and decision making about recognition of the citizen of the Kyrgyz Republic by the forced migrant

7. The citizen for recognition by his forced migrant shall within five working days after left the place of the former residence because of environmental disasters, sharp deterioration in the environment, natural disasters, major accidents, armed conflicts or mass riots to address personally or by proxy the representative with the petition (Appendix No. 1) in bodies of migratory service for the place of the new stay.

8. The petition moves from each family member who reached eighteen years, and arrived together with the applicant.

9. The information about the persons who did not reach eighteen years, and arrived in family composition of person petitioning for recognition by his forced migrant is entered in the petition of one of parents, and in the absence of parents - in the petition of their legal representative or in the petition of one of family members who reached eighteen-year age and voluntarily took maintenance responsibility and education of the family members who did not reach eighteen years. Materials of the petition of members of one family are drawn up in one case.

In the petition the reasons of leaving by the citizen of the place of the former residence shall be in detail stated and contain the authentic information about themselves and family members.

10. The citizen submitting the petition for recognition by his forced migrant together with the petition represents to bodies of migratory service the passport or other document proving his identity and confirming belonging to nationality of the Kyrgyz Republic.

The following documents or their copies are also attached to the petition, in case of their availability:

- the documents confirming the fact of permanent residence of the citizen in the territory where state of emergency was imposed or armed conflicts, mass riots, environmental disasters took place;

- the certificate of birth - for persons which did not reach sixteen-year age;

- marriage certficate or annulment of marriage;

- pension certificate.

11. In case of acceptance of the petition the employee of body of migratory service checks completeness and correctness of its filling.

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