DEPRIVATION OF CITIZENSHIP: SOME QUESTIONS OF LEGISLATIVE REGULATION AND IMPLEMENTATION

Abstract

The article provides an analysis of the institute of deprivation of citizenship introduced in March 2017 into the legislation of the Republic of Kazakhstan. The article analyzes the legislation of foreign countries regulating the institution of deprivation of citizenship as a measure of state regulation in the fight against terrorism.

The authors consider the most controversial issues of the implementation of the deprivation of citizenship as a sanction for violation of the law. Particular attention is paid to the problems of establishing procedural guarantees for the deprivation of citizenship.

It is noted that the legislation of Kazakhstan provides for the rules on automatic loss of citizenship of the country if a person participates in foreign armed conflicts, extremist and (or) terrorist activities in the territory of a foreign state. In this regard, the authors come to the conclusion that there is no need to apply a criminal penalty in the form of deprivation of citizenship to this category of persons.

Additionally the grounds for expulsion of a person deprived of citizenship after serving a main sentence were considered.  It is concluded that the court's final judgment, which provides for the deprivation of citizenship, cannot be such a ground.

In view of the need to ensure public security, as well as the unsettled mechanism of expulsion, it is proposed to consider strengthening control and rehabilitation of persons deprived of citizenship, including after their release. One of the mechanisms for reducing the risk of recurrence is administrative supervision. In this regard, the authors propose some measures for exercising administrative supervision over persons deprived of citizenship.