Volume 03 Issue 06-2023
76
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
76-80
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In recent years there has been a tendency of growth in migration processes in Uzbekistan. Of course, this situation is
directly related to a number of factors. Such factors include social, economic and other similar ones. According to the
State Statistics Committee, 758,046 people immigrated to the Republic of Uzbekistan in 2015-2020. At the same time,
870,113 people left the country for permanent residence abroad . These figures confirm that the processes of internal
and external migration in the country have intensified. The need to guarantee the rights of migrants, including their
rights to citizenship, has increased.
KEYWORDS
Statistics Committee, 758,046 people immigrated to the Republic of Uzbekistan in 2015-2020.
INTRODUCTION
Moreover, Uzbekistan has the highest share of
stateless persons in the region (about 80 percent of
the total number of stateless persons in Central Asia).
According to information provided by the Uzbek
government to the UN High Commissioner for
Refugees in November 2020, it was officially reported
that 69,761 stateless persons were living in the
country. The Office of the UN High Commissioner for
Refugees confirmed that there were 88,117 stateless
persons in Central Asia at the end of 2020 .
The author conducted an analysis of theoretical and
practical materials on the definition of the legal status
of a person. In addition, the results of a survey
conducted among specialists leads to the conclusion
that one of the important areas is the improvement of
national legal norms. It should be noted that the main
purpose of improving the national legal norms
regulating the conduct of citizenship cases in the
Republic of Uzbekistan is to create legal mechanisms
to guarantee the requirements of the legislation on
citizenship.
Research Article
ENSURING ADMINISTRATIVE LIABILITY FOR VIOLATION OF THE
LEGISLATION ON CITIZENSHIP OF THE REPUBLIC OF UZBEKISTAN
Submission Date:
June 20, 2023,
Accepted Date:
June 25, 2023,
Published Date:
June 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue06-13
Karimov Ruslan Qayum Ugli
Trainee Of The Division Of
Master’s Degree
Of The Academy Of The Ministry Of Internal Affairs Of The
Republic Of 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 06-2023
77
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
76-80
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The issue of creating legal mechanisms to guarantee
fulfillment of the requirements of the legislation on
citizenship of the Republic of Uzbekistan is one of the
pressing problems of our time. Currently, in practice
we can observe the following cases (acts) committed
in connection with violations of the requirements of
the legislation on citizenship
–
assumption of citizenship of another country by a
person having the citizenship of the Republic of
Uzbekistan without relinquishing the citizenship of
the country in accordance with the established
procedure;
–
concealing the fact of acquiring the citizenship of a
foreign country from the State authorities of the
Republic of Uzbekistan or failing to inform them of
this fact
–
illegal use of a passport of (biometric) citizenship
of the Republic of Uzbekistan or an identity card
for the loss of Uzbek citizenship
–
provision of deliberately false information to the
state bodies in order to obtain a permanent
residence permit in the Republic of Uzbekistan,
acquisition of citizenship or its restoration by a
foreign citizen or stateless person , etc.
The main reason for such cases is the lack of a
mechanism for applying legal measures to these acts.
And also the fact that legal documents do not provide
liability for such acts. This situation, of course, negates
the statistical record of these acts in practice.
It should be noted that in recent years the national
legal framework has seen a number of additions and
amendments aimed at eliminating the analyzed legal
gap. For example, in part two of Article 21, Law № 632
-
XII of July 2, 1992 “On Citizenship of the Republic of
Uzbekistan” the following norm was included based
on Law № O’RQ
-
411 of September 23, 2016 “On
Amendments and Additions to Some Legislative Acts
of the Republic of Uzbekistan”. According to the
introduced additions, the legislation contains a norm
that “a person who has acquired the citizenship of a
foreign state is obliged to inform the internal affairs
bodies of the Republic of Uzbekistan or consular
offices abroad about such a fact within thirty days”.
With the adoption of the Law “On Citizenship of the
Republic of Uzbekistan” this norm, together with the
previous version of the law, became null and void.
At the same t
ime paragraph 3510 of the “Provisions on
Passport System in the Republic of Uzbekistan”
approved by the Presidential Decree № PF
-4262 dated
January 5, 2011 is expressed in the following way. While
the enshrined norm stipulates that “a person who has
lost Uzbek citizenship is obliged to surrender his
passport to the div of internal affairs at the last place
of residence or to a diplomatic mission or consular
institution of the Republic of Uzbekistan abroad at the
place of residence”. The administrative legi
slation of
the Republic of Uzbekistan does not define a regulated
mechanism to guarantee the fulfillment of the
requirement of the law.
In addition, there are no legal mechanisms for the
practical application of the following norm “Persons
guilty of violating the legislation on citizenship of the
Republic of Uzbekistan shall bear responsibility in
accordance with the established procedure”,
stipulated in Article 54 of the Law “On Citizenship of
the Republic of Uzbekistan”. In particular, what action
or inaction is considered a violation of the
requirements of the legislation on citizenship. In what
order and what punishment can be applied to the
perpetrators of such actions, the legislation does not
mention.
Volume 03 Issue 06-2023
78
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
76-80
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
According to the Consular Legal Department of the
Ministry of Foreign Affairs, a total of 767 people lost
their citizenship (passport) of the Republic of
Uzbekistan (484 in 2019, 25 in 2020, 258 in 2021). All of
them acquired citizenship of the Russian Federation
without relinquishing Uzbek citizenship in accordance
with the procedure established by law.
Dual citizenship leads to situations that contradict the
provisions of Article 21 of the Constitution of the
Republic of Uzbekistan. This article states that a single
citizenship is established in the entire territory of the
Republic of Uzbekistan. And Article 12 of the analyzed
law
–
the existence of foreign citizenship of a person
who is a citizen of the Republic of Uzbekistan is not
recognized in the Republic of Uzbekistan. At the same
time, this situation means that there are sufficient
conditions for individuals to reside on a valid passport
of Uzbekistan, being a citizen of another country.
According to the results of the study of the practice of
application of the legislation the following can be
noted. In addition to the above, several factors
influence the non-compliance with the requirements to
formalize renunciation of citizenship on the basis of
the rules and conditions established by law. First, in
most countries, such as Australia, Austria, Great
Britain, Canada, Italy, Sweden, USA, France , in practice
there is no application of the requirement of
renunciation of citizenship of another country when
obtaining the citizenship of these countries. Secondly,
in the Republic of Uzbekistan the established
procedure represents a certain complexity of
conditions and procedures for renunciation of
citizenship in our country.
The results of the study of experts’ works on the
analyzed issue revealed the following indicators. 37.9
percent of the respondents who took part in the
sociological survey on violation of the requirements of
the legislation on citizenship pointed out the existing
legal gaps and shortcomings in the regulatory
framework. 25.8 percent indicate that there was
insufficient outreach. 34.5 percent revealed the
complexity of procedures for consideration of civil
legal issues (duration of application review period). 1.8
percent indicated that they named other problems as
the main reason.
On the analyzed issue the experience of Kazakhstan
(Article 496) shows that the illegal use of the passport
of a citizen and the identity document of the Republic
of Kazakhstan by persons who have lost citizenship of
the Republic of Kazakhstan is grounds for bringing to
administrative responsibility. It is also established that
failure to report this fact to the authorized public
authorities within the prescribed period of time by
persons who have acquired citizenship of another
country entails administrative responsibility.
Russian legislation (Article 19.8.3 of the Code of
Administrative Offences of the Russian Federation )
provides for administrative responsibility for failure to
report or provision of deliberately false information on
obtaining the citizenship of a foreign country or
obtaining a residence permit.
According to the Administrative Code of the Republic
of Armenia (Articles 195(1), 195(2)), a) if a citizen
resides abroad for more than 6 months and does not
notify the Foreign Ministry (consular offices) of the
Republic of Armenia, the minimum wage of 50% or a
lump sum; b) if he does not inform the Armenian
government about his acceptance of a foreign state
citizenship, he will be fined 50 times the minimum
wage .
Volume 03 Issue 06-2023
79
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
76-80
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Based on the above analysis, it is advisable to
supplement the Code of Administrative Responsibility
with a special norm of the following content:
“Article 2234. Violation of requirements of the
legislation on citizenship of the Republic of Uzbekistan
Failure to notify about acceptance of foreign
citizenship within the time limits established by the
legislation of the Republic of Uzbekistan shall be
punishable by a fine in the amount of two basic
calculation units.
Failure by a person whose citizenship has been
terminated to provide a passport or an identity card of
a citizen of the Republic of Uzbekistan to the
authorized state bodies or to use them shall be
punishable by a fine in the amount of ten basic
calculation units.
If the acts stipulated in parts one and two of this article
are committed by persons in the civil service, as well as
by persons performing the duties of representatives of
authorities
or
performing
organizational
and
administrative or administrative and economic
functions in state bodies,
–
shall be punishable by a fine
of fifty basic calculation units”.
Our opinion can be substantiated by the presence of
responsibility for similar social relations in the Code of
Administrative Responsibility of the Republic of
Uzbekistan (Article 230 Violation of legislation on civil
status acts). In addition, 71.9 percent of the experts
who participated in the sociological surveys conducted
during the study supported the author’s proposal on
the need to define administrative responsibility for
such deeds.
As a result of the adoption of this legal norm: first, a
legal gap in the consideration of issues related to the
citizenship of the Republic of Uzbekistan will be
eliminated. Secondly, the responsibility of citizens of
the Republic of Uzbekistan will be increased. Especially
civil servants, by establishing responsibility for failure
to report in time on acceptance of citizenship of a
foreign state. Third, possible negative consequences
associated with dual citizenship in the Republic of
Uzbekistan are avoided. Fourthly, it ensures clarity and
uniformity in the practice of applying the law on the
ground.
REFERENCES
1.
URL: https://stat.uz/uz/180-ofytsyalnaia-statystyka-
uz/6548-demografiya,
https://www.gazeta.uz/uz/2021/01/19/leave/ (date
of access: 25.08.2021).
2.
Swider K. Comparative legal analysis of national
legislation and law enforcement practices in the
Republic of Uzbekistan and other countries of
Central Asia in accordance with the 1954
Convention Relating to the Status of Stateless
Persons and the 1961 Provisions on the Reduction
of Statelessness (UN QIB, 2021).
—
P. 7.
3.
Note: Russian scientist S.D. Ivanov in his study
argues that “revocation of decision on citizenship”
is a special form of termination of citizenship,
occurring without the will of the person (against
his will). He also emphasizes that the assessment
of the facts of acquisition of citizenship on the
basis of the provision of knowingly false
information should be carried out in court and
entail liability established by law. [Ivanov S.D.
Legislative regulation of the procedure for
obtaining Russian citizenship and problems of its
enforcement
//
URL:
https://moluch.ru/archive/143/40138/
(date
of
access 02.04.2020)].
Volume 03 Issue 06-2023
80
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
76-80
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
4.
The Right to Citizenship: Collection of Materials.
–
Moscow: New Justice, 2010.
–
P. 66.
5.
Code of the Republic of Kazakhstan on
Administrative Offences of July 5, 2014 № 2
35-V
(with amendments and additions as of 10.02.2017)
//
https://online.zakon.kz/Document/?doc_id
=31577399#pos=0;0 (date of access: 30.06.2023).
6.
Code of the Russian Federation on Administrative
Offences of December 30, 2001 N 195-FZ //
http://zakonbase.ru/koap/
(date
of
access:
30.06.2023).
7.
Oganisyan M.S. Obtaining, acquiring citizenship
and dual citizenship of the Republic of Armenia //
Bulletin of Kemerovo State University.
–
2010.
–
№
1.
–
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