Date of publication:

01/08/2026

Kyrgyzstan

Do domestic laws and policies provide administrative or judicial remedies for forcibly displaced and stateless persons whose housing, land and property rights are denied or violated, including restitution and/or compensation for housing, land and/or prop

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

National laws and policies of the Kyrgyz Republic provide effective administrative or judicial remedies for persons denied the right to property other than land ownership, as established by Article 16 of the Constitution of the Kyrgyz Republic for all foreign nationals. This provision is consistent with both domestic law and the country's international obligations, including the 1951 Refugee Convention, to which the Kyrgyz Republic is a party. 

Article 52 of the Constitution of the Kyrgyz Republic establishes that foreign citizens and stateless persons lawfully present in the country have the same rights and obligations as citizens, except in cases provided for by laws or international treaties. This provision covers the right to seek protection of one's rights, including issues related to property. 

Furthermore, article 61 of the Constitution guarantees the right to judicial defense for all persons in the territory of the Kyrgyz Republic. According to this provision, every person has the right to defend his or her rights and freedoms in court, including the restoration of violated rights by lawful means. Thus, any person faced with a denial of the right to property has the opportunity to challenge such a decision in court. 

The Constitutional Law on the Supreme Court and Local Courts of November 15, 2021 № 134 (art. 3) emphasizes the principle of equality before the law and the court, as well as impartiality in the administration of justice. The law prohibits the refusal to hear a case by a court with jurisdiction. This means that refugees and asylum seekers do not face discrimination when seeking judicial protection, including disputes related to the denial of the right to property. 

The Law "On Refugees" of March 25, 2002 №44 (Article 6) explicitly enshrines the right of asylum seekers and refugees to judicial protection. This provision provides the latter with an opportunity to defend their violated rights, including in matters related to access to property. The law creates additional guarantees of access to justice, which is particularly important for persons in vulnerable situations. 

As a party to the 1951 Refugee Convention, the Kyrgyz Republic is obliged to ensure that refugees have free access to the courts. This includes protection against discrimination in seeking legal assistance and access to effective remedies. The guarantees provided for in articles 52 and 61 of the Constitution, as well as article 3 of the Constitutional Law on the Supreme Court and article 6 of the the Law "On Refugees", are fully in line with these international obligations. 

The domestic legislation and policies of the Kyrgyz Republic provide effective mechanisms of administrative and judicial protection for persons denied the right to property. These guarantees are based on constitutional principles, national laws and international obligations. These legal norms ensure equal access to justice and protection from discrimination, creating a sound legal framework for the protection of human rights. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"

    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

    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 Constitution of the Kyrgyz Republic

    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.

    Article 61 - Guarantee of protection of rights and freedoms

    1. Everyone is guaranteed judicial protection of his rights and freedoms provided for by the Constitution, laws, international treaties to which the Kyrgyz Republic is a party, and generally recognized principles and norms of international law. 2. Everyone has the right to protect his rights and freedoms, as well as to ensure the restoration of violated rights by all available means not prohibited by law. 3. The state ensures the development of extra-judicial and pre-trial methods, forms and ways of protecting the rights and freedoms of man and citizen.

    The Law of the Kyrgyz Republic on Refugees

    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.