Review article
INTERNATIONAL AND LEGAL ASPECTS OF CITIZENSHIP ON THE BASIS OF ANALYSIS OF THE LEGISLATION IN KAZAKHSTAN AND GREAT BRITAIN
Aidana Otynshiyeva
; Department of the Theory and History of State and Law, Constitutional and Administrative Law Al-Farabi Kazakh National University, Almaty, Kazakhstan
Alua Ibrayeva
; Department of the Theory and History of State and Law, Constitutional and Administrative Law Al-Farabi Kazakh National University, Almaty, Kazakhstan
Joshua Castellino
; Law School, Middlesex University, London, United Kingdom
Dina Baimakhanova
; Department of the Theory and History of State and Law, Constitutional and Administrative Law Al-Farabi Kazakh National University, Almaty, Kazakhstan
Akhilbek Baikenzheyev
; Academy of National Security in the Republic of Kazakhstan, Alma-Ata, Kazakhstan
Abstract
The purpose of this article is to examine the international legal aspects of citizenship on the basis of the laws of Kazakhstan and the United Kingdom analysis. For this, the author used general theoretical and specific scientific investigation methods. As a result of the analysis, the author claims that the legal regulation of citizenship is carried out by each state independently. The legal regulation of citizenship is directly related to the migration of people, which has intensified in recent years in connection with armed conflicts and economic decline in some countries. The legal regulation of citizenship must correctly reflect the migration processes in order to prevent negative consequences for both the state and the individual in it. It has been revealed and justified that the legislation on the citizenship of Kazakhstan and the UK provides for a number of requirements for obtaining citizenship. There are two main ways to obtain citizenship: by birth or by naturalization. Based on the analysis, the author concluded that the legislation on the citizenship of Kazakhstan and the UK stipulates that citizenship is acquired and terminated by a specially prescribed legal procedure by the competent government authorities. Based on the analysis of Kazakhstan legislation, it was concluded that the methods of obtaining Kazakhstan's citizenship are: 1) by birth; 2) as a result of naturalization; 3) on the basis of interstate contracts of Kazakhstan; 4) on the grounds provided by the Law of Kazakhstan "On Citizenship". There are also ways to obtain UK citizenship under the British Nationality Act of 1981: 1) by birth; 2) by origin; 3) by naturalization; 4) by registration. Also, on the basis of a scientific approach to the issue of citizenship and its role in the existence of the state, the author concluded that bipatrism (multiple citizenship) adversely affects the state and carries a large risk to the state, including the loss of independence and sovereignty.
Keywords
Bipatrism; citizenship; naturalization; migration; acquisition of citizenship
Hrčak ID:
187084
URI
Publication date:
30.4.2017.
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