Constitutional law

How is citizenship acquired?

1. Passively by parentage

2. Passively, by being born in a state that considers a child born there its citizen

3. Actively, by naturalization of an individual who voluntarily changes allegiance from one state to another.

Parantage

• The child’s citizenship was that of the parents

• Jus Sanguinis or ‘blood rule’ for establishing citizenship.

• Applied in Europe, Latin America and many English speaking countries.

Birth

• A nationality by birth rule.

• Jus soli or “soil rule” for determining citizenship.

Naturalization

• Individuals may actively change their nationality through the process of naturalization.

• The national law of the country from which nationality is sought establishes its naturalization requirements.

• LAW OF THE REPUBLIC OF KAZAKHSTAN

on Citizenship of the Re of Kz (with amendments and additions as of 27.04.12.) Enforced by the Resolution of the Supreme Council of the RK of December 20, 1991

• The citizenship of the Republic of Kazakhstan determines the stable political and legal relationship of an individual with a state and reflects their mutual rights and obligations.

• Each individual in the Republic of Kazakhstan has the right to citizenship. Citizenship of the Republic of Kazakhstan is acquired and terminated in accordance with this Law.

NEW FORMS OF CITIZENSHIP

1)Citizenship provided by an international organization 2)Citizenship in a borderless world

DUAL NATIONALITY

• A dual national possesses the citizenship of more than one nation

• An individual may acquire dual nationality because:

1. He/she was born in a nation that applies the jus soli rule of automatic nationality by birth

2. Simultaneously acquire the parents’ citizenship when their home nation applies the jus sanguinis rule of parental nationality.

Unusual Burdens As A Results of Dual Nationality

1. Jurisdiction

2. Taxes

3. Military service

4. Protection when he/she is harmed in a third nation

Stateless

• Individuals are stateless when they lack the nationality of any state.

• Loss of one’s original citizenship-typically conferred by birth or parentage, without obtaining a new citizenship-renders the individual stateless.

• The individuals cannot claim the bond of citizenship with any state to protect them.

• There is no state to come to aid of an individual who is in need of diplomatic representation.

Constitutional law

n Constitutional law is concerned with the workings of Kazakhstan constitution, it covers such matters as the position of the President, procedures of Parliament, functioning of Government and citizenship.

n Every modern democratic state has three principal organs, the executive, which runs the country, the legislature, which makes the laws, and the judiciary, which settles legal disputes.

n. Judicial power in the Republic of Kazakhstan belongs only to the courts in the face of permanent judges.

n Justice in the Republic of Kazakhstan shall be administered only by a court.

Дата добавления: 2015-11-14