Volume 03 Issue 11-2023
78
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
78-81
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article discusses the right to citizenship and the right to own it, as well as solving the problem of reducing the
number of stateless persons in the Republic of Uzbekistan. Also, the article examines the legal documents defining
the legal status of state citizens and stateless persons. The article presents the reasons for the emergence of stateless
persons and solutions and suggestions for reducing their number.
KEYWORDS
Citizenship, stateless persons, citizenship, passport, birth, adoption, birth certificate, Civil Affairs Commission.
INTRODUCTION
Before talking about ensuring the right to citizenship in
the Republic of Uzbekistan, we should have an
understanding of the citizenship of the Republic of
Uzbekistan. According to Article 8 of the Constitution
of the Republic of Uzbekistan, the people of
Uzbekistan are citizens of the Republic of Uzbekistan,
regardless of their nationality. Citizenship in the
Republic of Uzbekistan defines the permanent
political-legal relationship of a person with the state,
which is expressed in the sum of mutual rights,
obligations and responsibilities and is based on the
recognition and respect of human dignity, basic rights
and freedoms. Also, Article 22 of the Constitution
stipulates the establishment of a single citizenship in
the entire territory of the Republic of Uzbekistan.
Relations in the field of obtaining and terminating the
citizenship of Uzbekistan are regulated by legal
documents.
Basically, legal relations related to the citizenship of
Uzbekistan are regulated by the Law "On Citizenship of
the Republic of Uzbekistan" adopted on March 13,
2020. According to the law, citizenship in the Republic
of Uzbekistan is expressed in the sum of mutual rights,
obligations and responsibilities of a person with the
Research Article
ENSURING CITIZENSHIP RIGHTS IN THE REPUBLIC OF UZBEKISTAN
(RESOLVING THE PROBLEM OF REDUCING THE NUMBER OF STATELESS
PERSONS IN THE REPUBLIC OF UZBEKISTAN)
Submission Date:
November 20, 2023,
Accepted Date:
November 25, 2023,
Published Date:
November 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-13
Ismailova Lola Abdullaevna
Assistant-Teacher Of Karakalpak State University, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 11-2023
79
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
78-81
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
state. It determines the permanent political-legal
relationship based on the recognition and respect of
human dignity, basic rights and freedoms. In the
Republic of Uzbekistan, a single citizenship has been
established for the entire territory of the country, and
a citizen of the Republic of Karakalpakstan is also a
citizen of the Republic of Uzbekistan. Citizens of the
Republic of Uzbekistan have the same status before
the law, regardless of gender, race, nationality,
language, religion, social origin, faith, personal and
social status. Everyone has the right to become a
citizen in our country. No one can be deprived of the
citizenship of the Republic of Uzbekistan or deprived
of the right to change citizenship. The state protects
the rights, freedoms and legal interests of its citizens in
the territory of Uzbekistan and outside its territory.
Decisions on acceptance of citizenship, restoration of
citizenship, withdrawal of citizenship or loss of
citizenship are adopted by the President of the
Republic of Uzbekistan in the form of decrees and
enter into force from the date of signing.
According to the Law "On Citizenship of the Republic
of Uzbekistan", the following are citizens of the
Republic of Uzbekistan:
- a person who lived permanently in the Republic of
Uzbekistan as of July 28, 1992, was not a citizen of a
foreign country and expressed a desire to become a
citizen of the Republic of Uzbekistan;
- a person who lived in the territory of Uzbekistan,
went out of Uzbekistan to study before July 28, 1992,
continuously studied or served in the military, and
within one year after the end of the study or military
service A person who has returned to Uzbekistan and
is registered as a permanent resident in the Republic of
Uzbekistan, provided that he does not have foreign
citizenship;
- a person who has the citizenship of the Republic of
Uzbekistan on the date of entry into force of the Law
"On Citizenship of the Republic of Uzbekistan";
- a person who has received the citizenship of the
Republic of Uzbekistan in accordance with the above-
mentioned Law.
Citizenship documents are used to determine
citizenship in Uzbekistan. A passport, identification
card or other document indicating the existence of
citizenship of the Republic of Uzbekistan is recognized
as a document confirming citizenship.
So, on what basis is it possible to get the citizenship of
Uzbekistan? Citizenship of the Republic of Uzbekistan
is acquired in the following cases:
- by birth;
- when the child is adopted;
- As a result of acceptance and restoration of the
citizenship of the Republic of Uzbekistan.
In the case of obtaining citizenship by birth, if the
parents (or one of them) were citizens of the Republic
of Uzbekistan at the time of the child's birth, the child
will acquire citizenship. Also, if the parents are
stateless persons, but the child was born in the
territory of Uzbekistan, that child receives the
citizenship of Uzbekistan.
One of the cases of obtaining citizenship is the
adoption of a child by citizens of the Republic of
Uzbekistan. In this case, a child who is a citizen of a
foreign country or a stateless person receives the
citizenship of the Republic of Uzbekistan.
Volume 03 Issue 11-2023
80
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
78-81
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Admission to the citizenship of the Republic of
Uzbekistan is carried out in a general procedure, in a
simplified procedure and in a separate procedure.
In general, in order to implement the constitutional
powers of the Republic of Uzbekistan to resolve the
citizenship issues, the Citizenship Issues Commission
under the President of the Republic of Uzbekistan is
established. The commission is established for a period
of five years and is an advisory div under the
President, and its composition is also approved by the
President. The main tasks of the commission are as
follows:
- Consideration of petitions related to citizenship of the
Republic of Uzbekistan, submission of proposals to the
President of the Republic of Uzbekistan on citizenship
issues;
- Control over the implementation of decisions on civil
issues adopted by the President of the Republic of
Uzbekistan;
- Analyzing the implementation of the legislation on
citizenship of the Republic of Uzbekistan, submitting
proposals to the President of the Republic of
Uzbekistan aimed at eliminating the identified
problems in this direction;
- study of international practice and advanced foreign
experience on citizenship issues.
Before considering the issue of reducing the number of
stateless persons in the Republic of Uzbekistan, it is
appropriate to study the reasons for the emergence of
stateless persons and what measures experienced
countries are taking to solve this problem. At the end
of 2021, the United Nations High Commissioner for
Refugees (the agency mandated to prevent and
reduce statelessness) counted 4.3 million stateless
persons worldwide, but due to insufficient data, their
estimated that the actual number could be more than
10 million. So, what are the main causes of
statelessness? The following situations often cause the
increase in the number of stateless persons:
-
lack of a birth certificate;
-
political changes that may change the citizenship
status of citizens of former states;
-
conflict of laws between two countries or
destruction of official documents;
-
laws restricting the acquisition of citizenship;
-
loss of citizenship or exit from it without first
obtaining another one.
The legal status of stateless persons in Uzbekistan and
the procedure for their acceptance into citizenship are
regulated by the Law "On Citizenship of the Republic
of Uzbekistan". Article 3 of this law explains the
co
ncept of a stateless person as follows: “A stateless
person is a person who permanently lives in the
territory of the Republic of Uzbekistan, is not a citizen
of the Republic of Uzbekistan and does not have proof
of citizenship of a foreign country”. It is
in Article 6 of
this Law that the recognition of the citizenship of the
Republic of Uzbekistan to a stateless person is
explained. According to it, a stateless person can be
recognized as a citizen of Uzbekistan on three grounds:
1. A person who was registered as a permanent
resident in the Republic of Uzbekistan until January 1,
2005, and who did not previously hold the citizenship
of a foreign country, shall be recognized as a citizen of
the Republic of Uzbekistan if he so wishes.
2. If the person applying for citizenship has been living
in the territory of Uzbekistan for 15 years and has not
been a citizen of a foreign country during this period,
he is recognized as a citizen of Uzbekistan.
3. A child, one of whose parents is recognized as a
citizen of the Republic of Uzbekistan, shall be
Volume 03 Issue 11-2023
81
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
78-81
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
recognized as a citizen of the Republic of Uzbekistan if
he expresses his wish. But he must not have received
the citizenship of a foreign country and must be living
in Uzbekistan.
CONCLUSION
On March 10, 2021, the Presidential Decree No. PF-6185
"On providing an updated procedure for consideration
of issues related to the citizenship of the Republic of
Uzbekistan" was adopted and the following was
established in order to reduce the number of stateless
persons:
-
"certificate of residence", "confirmation form",
"citizen of a foreign country" and other terms were
added to legal documents.
-
the procedure for granting the citizenship of
Uzbekistan to children who are considered citizens
of a foreign country based on the place of birth and
the citizenship of their parents was introduced;
-
the period of non-registration at the consulate,
which causes the loss of citizenship, was changed
from 3 to 7 years;
-
reducing the number of stateless persons - was
defined as one of the main principles of citizenship.
In conclusion, in order to solve the problem of reducing
the number of stateless persons, first of all, it is
necessary to create awareness about statelessness
and determine the number of stateless people. In
addition, it is important to increase the administrative
capacity of the registry office, strengthen political will,
and eliminate the deficiencies in the national legislation
that cause statelessness.
REFERENCES
1.
Civil law: [study guide]. common part / R.Dj.
Ruziyev, V.R. Topildiyev.
—
T.: 2011.
2.
Civil Code of the Republic of Uzbekistan
3.
State laws of the Republic of Uzbekistan
4.
Internet
materials:
www.lex.uz,
https://www.lawtonslaw.co.uk, www.justice.gov.
5.
Law "On Citizenship of the Republic of Uzbekistan"
