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Deprivation of Citizenship of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Deprivation of Citizenship of the Republic of Kazakhstan

Article 50-1 of the Criminal Code of the Republic of Kazakhstan (CC RK) introduces the possibility of deprivation of citizenship as an additional criminal punishment for committing particularly serious crimes that pose a threat to national security.

🔹 Legal Nature and Grounds for Application

Deprivation of citizenship represents a forced termination by the state of a stable political and legal relationship with the convicted person, which reflects the totality of their mutual rights and obligations. This measure is applied exclusively by a court decision and does not extend to persons who committed a crime under the age of eighteen.

The grounds for deprivation of citizenship are:

· committing terrorist crimes;· causing other serious harm to the vital interests of the Republic of Kazakhstan.

🔹 International Legal Aspects

International norms, such as the Universal Declaration of Human Rights (Article 15) and the Convention on the Reduction of Statelessness, establish that no one shall be arbitrarily deprived of their citizenship. However, they allow deprivation of citizenship in cases provided for by law and when it does not result in statelessness.

In this regard, the application of Article 50-1 of the Criminal Code of the Republic of Kazakhstan must be carried out in accordance with Kazakhstan’s international obligations to prevent violations of human rights.

🔹 Application Practice

At present, there is no public information about specific cases of applying Article 50-1 of the Criminal Code of the Republic of Kazakhstan. Nevertheless, the introduction of this provision has sparked discussions among the legal community and human rights advocates regarding its compliance with constitutional and international standards.

🔹 Conclusion

The deprivation of citizenship provided for by Article 50-1 of the Criminal Code of the Republic of Kazakhstan is an exceptional measure of criminal punishment aimed at protecting national security. Its application must be strictly limited to cases established by law and must comply with international human rights standards.

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