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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 24, 2012 No. 45

About approval of the Procedure for preparation of the plan and instruction of resettlement

For the purpose of ensuring execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic of May 24, 2010 "About application of the Law of the Azerbaijan Republic "About withdrawal of lands for the state needs" the Cabinet of Ministers of the Azerbaijan Republic decides No. 263:

1. Approve the Procedure for preparation of the plan and instruction of resettlement it (is applied).

2. This resolution becomes effective from the date of signing.

 

Prime Minister of the Azerbaijan Republic Artur RASI-ZADE

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 24, 2012, No. 45

Procedure for preparation of the plan and instruction of resettlement

1. General provisions

1.1. This Procedure is prepared for the purpose of ensuring execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic of May 24, 2010 No. 263 "About application of the Law of the Azerbaijan Republic "About withdrawal of lands for the state needs" and determines procedure for preparation of the plan and instruction of resettlement by persons and the organizations (further - the scheduler) having the corresponding social and technical knowledge chosen on competitive basis from the government or private institutions including non-governmental organizations, the body buying lands for the state needs (further - the acquiring body).

1.2. The acquiring body incurs obligations on preparation of the plan of resettlement or in other cases of the instruction if quantity more than 100 (hundred) meters moved on distance exceed 200 (two hundred) people.

1.3. In case of determination of number of persons who need to leave the bought land, the acquiring body, irrespective of terms and stages of execution of the project shall consider the number of all persons who need to leave the bought land.

1.4. The scheduler performs the following:

1.4.1. prepares the plan of resettlement within 3 (three) months from the chosen day;

1.4.2. prepares the instruction within 2 (two) months from the chosen day.

1.5. The scheduler for determination of conditions, requirements and wishes of persons which were affected by each withdrawal in connection with resettlement and faces (residents) which lodged on lands which can be used for resettlement makes observation of the bought land, persons which were affected by withdrawal and any territory which can be used for the purposes of resettlement.

1.6. The scheduler shall hold public meetings with persons which were affected by withdrawal and residents of the territories who can be used for resettlement which shall help it to understand their conditions and requirements.

1.7. Results of the observations provided in Item 1.5 of this Procedure, and the report on results of the held public meetings are provided for consideration of the commission on resettlement.

1.8. The scheduler based on the made observations, other corresponding data, the conclusions of the acquiring bodies and remarks made at public meetings and the commission on resettlement constitutes the draft of the plan of resettlement or the instruction.

1.9. The draft of the plan of resettlement or the instruction which for assessment at public meetings it is provided to persons which were affected by withdrawal.

1.10. The draft of the plan of resettlement or the instruction and the report on results of the held public meetings specified in Item 1.8 of this Procedure are provided for consideration of the commission on resettlement.

1.11. The scheduler considers the remarks made at public meetings including notes of the commission on resettlement, offers on modification of the plan of resettlement or the instruction and makes corresponding changes to the project.

1.12. The scheduler provides the plan of resettlement or the instruction to monitoring body (further - controlling) body, and also to the acquiring body.

1.13. The acquiring body together with the commission on resettlement holds regular meetings in connection with execution of the plan of resettlement or the instruction.

2. Contents of the plan of resettlement or instruction

2.1. In respect of resettlement or the instruction actions for providing the citizens who were affected by withdrawal, the following shall be provided:

2.1.1. the financial and practical aid in case of resettlement;

2.1.2. provision to persons which were affected by withdrawal, the place of residence, living spaces at least corresponding to their former place of housing, non-residential areas for implementation of agricultural activities or business activity;

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