Date of publication:
01/08/2026
Kyrgyzstan
Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies regarding decisions on the right to family life, including family reunification?
Assessment by population
Analysis
The laws and policies of the Kyrgyz Republic guarantee refugees legally in the country the protection of their rights and freedoms, including the ability to appeal to the courts in the event of their violation. The Constitution of the Kyrgyz Republic in Article 52 establishes that foreign citizens and stateless persons in the territory of the republic have the same rights and obligations as citizens of the Kyrgyz Republic, except in cases stipulated by laws or international treaties. This provision covers the right to judicial protection, confirmed in Article 61 of the Constitution, which guarantees everyone the right to protect their rights and freedoms in court. The state is also obliged to promote the development of extra-judicial and pre-trial methods of protecting rights, ensuring access to justice for all. The Constitutional Law of the Kyrgyz Republic "On the Supreme Court and Local Courts" dated November 15, 2021, № 134, in Article 3, enshrines the principle of equality of all before the law and the court, guarantees an impartial consideration of cases and the right of every person to appeal to a court of appropriate jurisdiction. This right extends not only to citizens of Kyrgyzstan, but also to asylum seekers and refugees and stateless persons legally residing in the territory of the Kyrgyz Republic, allowing them to protect their rights and restore violated freedoms.
The Law "On Refugees" dated March 25, 2002, № 44, in Article 6, confirms the right of persons applying for recognition as refugees and refugees to judicial protection in the event of violation of their rights. In accordance with the international obligations of Kyrgyzstan, this Law prohibits discrimination on any grounds, including refugee status, and ensures equal treatment of all persons.
An important addition is contained in Article 20 of the Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens" dated December 14, 1993, No. 1296-XII, according to which foreign citizens have the right to apply to the court and other state bodies to protect their personal, property, family and other rights. They enjoy procedural rights in court on an equal basis with citizens of the Kyrgyz Republic.
An additional guarantee of protection is provided by Article 2 of the Law of the Kyrgyz Republic "On the Ombudsman of the Kyrgyz Republic" dated July 31, 2002, № 136, which extends its provisions to all persons located on the territory of the republic, including foreign citizens, refugees and asylum seekers. The Ombudsman considers complaints about violations of human rights and freedoms provided for by the legislation of Kyrgyzstan and international treaties to which the republic is a party. The right to appeal to the Ombudsman is available to all persons, regardless of citizenship, place of residence, race, nationality, beliefs and other characteristics.
Thus, the national legal framework of the Kyrgyz Republic does not contain provisions that exclude the right of asylum seekers to judicial protection. Thus, the legislation of the republic fully complies with international standards and ensures the equality of all persons before the law, guaranteeing access to justice and protection of rights for all categories of the population, including asylum seekers, refugees and stateless persons.
Related provisions of domestic law or policy
The Constitution of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/en/17474?prevDestination=search&prevPath=/search?keywords=Constitution+of+the+Kyrgyz+Republic&sort=score&order=desc&result=result-17474-en
Legal provision
Article 24 - Non discrimination
1. The Kyrgyz Republic shall ensure the protection of the rights and freedoms of all persons within its territory and under its jurisdiction. No one shall be discriminated against on the basis of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, education, origin, property or other status, or other circumstances. Persons who have committed discrimination shall be held accountable in accordance with the law. Special measures established by law and aimed at ensuring equal opportunities for various social groups in accordance with international obligations shall not constitute discrimination. 2. In the Kyrgyz Republic, everyone is equal before the law and the court. 3. In the Kyrgyz Republic, men and women have equal rights and freedoms and equal opportunities for their realization.
The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"
- Year: 1993
- Type: Domestic law
- Rights Category: Education, Freedom of movement, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1993/en/147104?prevDestination=search&prevPath=/search?keywords=On+the+Legal+Status+of+Foreign+Citizens&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-147104-en
Legal provision
Article 20 - Protection of the rights of foreign citizens
Foreign citizens in the Kyrgyz Republic have the right to appeal to the court and other state bodies to protect their personal, property, family and other rights. They enjoy procedural rights in court on an equal basis with citizens of the Kyrgyz Republic.
The Constitutional Act on the Supreme Court of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ru/150127
Legal provision
Article 3 - Principles of administration of justice
Principles of Administration of Justice 1. No one may be deprived of the right to have his case considered in the court to whose jurisdiction it is assigned by the laws of the Kyrgyz Republic, except for cases stipulated by law. 2. All are equal before the law and the court. The courts shall not give preference to any bodies, persons, parties to the proceedings on the basis of their state, social, sexual, racial, national, linguistic or political affiliation, or depending on their origin, property and official status, place of residence, place of birth, attitude to religion, beliefs, membership in public associations, as well as on other grounds not stipulated by law.
The Law of the Kyrgyz Republic on Refugees
- Year: 2002
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2002/en/119852?prevDestination=search&prevPath=/search?keywords=Law+on+refugees&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-119852-en
Legal provision
Article 6 - Rights and obligations of a person who has applied for recognition as a refugee
A person applying for recognition as a refugee in the Kyrgyz Republic and his family members have the right to: - move freely throughout the territory of the Kyrgyz Republic, with the exception of areas closed to foreign citizens in accordance with the legislation of the Kyrgyz Republic; - reside in a place of temporary settlement and use public utilities; - use medical care; - to have the Kyrgyz Republic assist in obtaining information about relatives living in the country of citizenship; - to voluntarily return to the country of citizenship; - to leave for a place of residence in a foreign country; - to be provided with judicial protection; - to receive an education; - to receive the services of an interpreter; - to be exempt from paying expenses related to the consideration of an application for refugee status at all stages.
Article 13 - Rights and obligations of a refugee in the Kyrgyz Republic
A person recognized as a refugee in the Kyrgyz Republic enjoys the same rights and bears the same obligations as foreign citizens permanently residing in the Kyrgyz Republic. A person recognized as a refugee in the Kyrgyz Republic shall also be granted the rights and obligations of a person applying for refugee status, as stipulated by Article 6 of this Law. A person recognized as a refugee in the Kyrgyz Republic and his family members shall have the right to: - reside for three months in a temporary settlement; - choose a settlement from among those proposed by the Authorized Body in which his relatives reside as their place of permanent residence, subject to their consent to cohabitation; - work for hire or engage in entrepreneurial activity in accordance with the legislation of the Kyrgyz Republic; - acquire real estate under the conditions established for foreign citizens and stateless persons by the legislation of the Kyrgyz Republic; - receive, with the assistance of the relevant state bodies of the Kyrgyz Republic, information about property left behind in the state of previous residence; - have the necessary documents proving his identity and travel documents; - to receive medical care on an equal basis with citizens of the Kyrgyz Republic; - to receive administrative assistance when applying to state bodies of the Kyrgyz Republic; - to mandatory registration of civil status acts and receipt of relevant documents.