RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of March 15, 2000 No. 42

About some regulatory legal acts connected with the Land code of the Azerbaijan Republic

In pursuance of the Presidential decree of the Azerbaijan Republic "About application of the Land code of the Azerbaijan Republic approved by the Law of June 25, 1999" of August 4, 1999 the No. 176 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of determination and compensation of agricultural and forestry and landscape production losses and damage" and "Rules of transfer to use and lease, and also uses of vygonny, vypasny and haying sites" and "Rules of use of the lands intended for the industry, transport of communication and other appointment" it (is applied).

2. The minimum limit of the parcel of land which can be taken on the state accounting is the parcel of land for activities of objects of the industry, transport, communication, production, services, entrepreneurship and other purposes and with respect thereto necessary for activities of separate objects, determined in their master plans taking into account technical, sanitary, security conditions, and in other cases 1 (one) square meter undertakes.

3. Recognize invalid resolutions of Council of Ministers of the Azerbaijani SSR "About Regulations on summer and winter pastures of the Azerbaijani SSR" of October 27, 1972 No. 346 and resolutions of Council of Ministers of the Azerbaijani SSR "Rules of determination of the sizes and compensation of losses of agricultural and forestry and landscape production and purpose of the raised funds" of January 24, 1992 as No. 37 (except for Item 4).

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

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of March 15, 2000 No. 42

Rules of determination and compensation of the amount of agricultural and forestry and landscape production losses and damage

I. Determination and compensation of agricultural and forestry and landscape production losses

1. The agricultural and forestry and landscape losses resulting from withdrawal of agricultural and forestry and landscape lands for the purposes which are not connected with agricultural industry and forestry and also as a result of the arising restrictions under the influence of activities of legal entities and physical persons in the field of their use compensate legal entities and physical persons for the benefit of which they are withdrawn, and also those who remove agricultural and forest lands from turnover, determining security, sanitary and protective strips around objects or transferring them to less valuable lands. Also, if as a result of influence, activities of legal entities and physical persons quality of sites of agricultural industry and forestry worsens, then they offset also losses of agricultural and forestry and landscape production.

2. Standard price of involvement in agricultural turnover of new lands in exchange for withdrawal of farmlands for nonagricultural the purposes is agreed of 20% of standard price of lands of cadastral estimative areas and subdistricts approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 23, 1998 No. 158.

3. The procedure for compensation of damage and losses, put to forestry in connection with withdrawal of lands of forest fund, is regulated by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 4, 1999 No. 161.

4. In case of withdrawal of lands of agricultural purpose for the purposes which are not connected with agricultural industry legal entities and physical persons which take the earth in the interests within 2 months after decision making about allocation of the earth by it after transfer to the special account of Public service on property questions under the Ministry of Economics of total cost of losses from allocation of lands of agricultural purpose get permission to right to use by these sites.

5. The funds raised on the special account of Public service on property questions under the Ministry of Economics go for accomplishment of the following tasks:

* on construction and reconstruction of irrigating systems and sources, on protection of lands, suitable for agricultural industry, against floods and mudflows;

* on repair of interfield roads and construction of roads to the new lands transferred to turnover;

* on creation of windbreak forest fields, breakdown of the woods on the unsuitable parcels of land, strengthening of hollows and ravines, construction of antierosion hydrotechnical installations;

* on improvement of fertile layer of earth on unproductive farmlands, removal of land waters aside, on transportation and nasypka on other sites of collected fertile soil layer, acquisition, storage and entering into the soil of organic and mineral fertilizers, and also limy materials for increase in fertility of sites, development of new lands in agricultural industry and work on increase in their fertility;

* on drilling of artesian wells for the purpose of watering and creation of irrigating networks;

* on studying of land resources, carrying out the land, soil and geobotanical and other design and exploration work connected with increase in fertility of lands;

* on carrying out the inventory and monitoring;

* on accomplishment of cultural and technical works on lands, suitable for agricultural industry (cleaning of bushes, stubs, stones, etc.);

* on reduction of the spoiled lands in suitable condition (recultivation).

6. The means which arrived in connection with compensation of agricultural losses with the consent of the Cabinet of Ministers of the Azerbaijan Republic can be directed also to other purposes.

II. Determination and compensation of damage caused to land owners, land users and lessees of the earth

7. The caused damage and lost profit as a result of seizure of land (the obligatory redemption) or temporary occupation, and also restriction of the rights of land owners, land users and lessees of the earth, or quality degradation of lands under the influence of activities of legal entities and physical persons is compensated to the land owners, land users and lessees of the earth who sustained these losses, the legal entities and physical persons which acquired these sites, and also activities of which became the reason of restriction of the rights of land owners, land users and lessees of the earth, or quality degradation of these lands.

8. The procedure for compensation of damage caused to forestry in connection with withdrawal of lands of forest fund is regulated by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of November 8, 1999 No. 174.

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