PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of December 19, 1997 No. 659

About approval of the Regulations on procedure for sale of the state parcels of land on which the privatized state companies and objects, and also the companies and objects constructed by legal entities and physical persons are located

For the purpose of providing the rights of owners to the parcels of land on which the state companies and objects privatized according to the legislation of the Azerbaijan Republic approved by the Law of the Azerbaijan Republic of September 29, 1995 are located I decide:

1. Approve the Provision "About Procedure for Sale of the Parcels of Land on Which the Privatized State Companies and Objects Are Located". It (is applied).

2. Charge to the Cabinet of Ministers of the Azerbaijan Republic to approve within a month Regulations on normative quotations on the parcels of land on which the privatized state companies and objects are located.

3. Sale of the state parcels of land on which the companies and objects constructed by legal entities and physical persons are located is performed according to the procedure, established by this Decree on condition that these parcels of land which are in state-owned property are in legal use or lease of such physical persons and legal entities.

4. Charge to the State committee on questions of property of the Azerbaijan Republic to perform the measures following from this Decree.

5. This decree becomes effective from the date of publication.

Approved by the Presidential decree of the Azerbaijan Republic of December 19, 1997 No. 659

Regulations on procedure for sale of the parcels of land on which the privatized companies and objects are located

1. This provision is developed according to the Land code of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About land reform", "About the land tax", "About subsoil", "About privatization of state-owned property" and other existing regulatory legal acts and determines procedure for sale of the parcels of land to physical persons and legal entities (from now on "parcels of land") on which the privatized state companies and objects are located.

2. Under the parcels of land on which the privatized state companies and objects are located, lands which during privatization of the state companies and objects are in use within the borders specified in their technical data sheets mean.

3. Physical persons and legal entities of the Azerbaijan Republic can be subjects (buyers) according to the legislation of purchase of the parcels of land on which the privatized companies and objects are located.

4. Owners of the privatized companies and objects have the right to buy the parcels of land the first priority.

5. In case of privatization of the state companies and objects by foreigners and stateless persons, foreign legal entities, international associations and the organizations, and also foreign states, the parcels of land on which they are located, remaining in property of the state or municipality, in the procedure established by the legislation without the right of purchase are leased to specified persons.

6. The parcels of land on which the privatized companies and objects are located are considered as subjects to purchase except as specified, specified in the legislation of the Azerbaijan Republic.

7. The rights and obligations of the owner (lessee) of the parcels of land are determined by the legislation of the Azerbaijan Republic.

8. The regulations on determination of normative quotations on the parcels of land affirm the Cabinet of Ministers of the Azerbaijan Republic.

9. The Cabinet of Ministers of the Azerbaijan Republic for the purpose of assessment of the parcels of land in the separate territories of settlements, considering the location and the sizes of these parcels of land, their social value (favor on the seashore, city squares, the main highways), transport conveniences, and also type of activity of the companies and objects located on them, etc., determines the corresponding system of coefficients.

10. The price of the privatized state company (object) and the price of the parcel of land at which it is located are determined separately.

11. The state committee on questions of property of the Azerbaijan Republic offers purchase of the parcel of land in the beginning to the owner of the privatized company and object who are located on this site. If this owner refuses to buy the parcel of land, then this site according to the procedure, established by the legislation, is leased with the purchase right.

If the owner of the privatized company and object refuses the conclusion of the lease agreement, the parcel of land can be transferred to other persons.

12. For the purpose of purchase of the parcel of land the owner owning the privatized company located on it or object represents the following documents to the State committee on property questions:

* statement;

* the statement from the shareholder register (if, public joint stock company) confirming availability in the authorized capital of the legal entity at least 80 percent of share of private property;

* the copy of the certificate confirming the property right to the company and object;

* technical data sheet of the privatized company and object (for unfinished and incomplete structures - the construction passport) and the document confirming finding of the parcel of land in use or lease of the company and object (the decision on withdrawal of the parcel of land or the lease agreement). In case of impossibility of receipt of the documents confirming withdrawal of the parcel of land, the State committee on questions of property of the Azerbaijan Republic together with relevant organs of the executive authority determines the parcel of land which is in the actual use of the privatized companies and objects.

13. The state committee on property questions within 20 days from the date of receipt of the statement gives to the owner of the privatized company (object) the payment order for payment in accordance with the established procedure costs of the parcel of land and after payment of the determined sum, having signed the sale and purchase agreement within 10 days, grants to the buyer the appropriate certificate.

At the same time State committee on property questions sends the copy of the signed agreement to local executive body.

The property right of the buyer for the parcel of land arises in the procedure established by the legislation from the moment of registration of real estate in the state register.

14. The means received from sale of the parcels of land on which the privatized company and object are located arrive in the government budget of the Azerbaijan Republic.

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