Deprivation of Kazakhstan citizenship and security, legal problems

Authors

  • Максут Самалдыков
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Abstract

The subject of the study in this article is the problem of deprivation of citizenship as a measure
to prevent terrorism and other grave harm to the vital interests of Kazakhstan because of the growing
terrorist threat in the current conditions of human development. The author points out that the
amendment to the Constitution of the Republic of Kazakhstan with regard to the deprivation of citizenship
by a court decision for the commission of terrorist crimes and for causing other grave harm to
the vital interests of the Republic of Kazakhstan is primarily directed at the policy of national security
implemented by the state. The study is based on the methodology of systematic analysis of deprivation of citizenship as a measure to strengthen the fight against the terrorist threat and causing serious
harm to the vital interests of the state. The author concludes that an amendment to the Basic Law of
the country and to national legislation on deprivation of citizenship establishes an approach that does
not contradict the provisions of article 8, paragraph 3 (a), of the 1961 Convention on the Reduction
of Statelessness. At the same time, the author points out that the existing norm of the national law
on deprivation of citizenship is authoritarian because of its vagueness and scope of definition, and
also because of the absence of legal guarantees for the family of a person deprived of citizenship.
In the article the author refers to international documents and cites the example of foreign legislation in
terms of depriving citizenship of criminal acts, which are based on disloyalty to the state. Indicates the
existing gaps in domestic legislation, the solution of which will serve to strengthen the national security
of Kazakhstan.

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Published

2018-03-06