of October 23, 2003 No. 972
About the additional measures connected using the Law of the Azerbaijan Republic "About lease of land"
For the purpose of ensuring application of the Law of the Azerbaijan Republic "About lease of land" I decide:
1. According to article 10 of the specified Law to approve "Rules of carrying out the land tenders and auctions connected with transfer to lease of the lands which are in the state-owned and municipal property" (are attached).
No. 777 is cancelled according to the Presidential decree of the Azerbaijan Republic of 15.02.2016
2. In the "Rules of purchase and sale of lands" approved by the Presidential decree of the Azerbaijan Republic of January 10, 1997 No. 534 "About approval of some regulatory legal acts providing implementation of agrarian reforms" to make the following changes:
In the fifth paragraph of Item 11 of the word to "legal entities of foreign countries" shall be replaced with words to "foreign legal entities, international associations and the organizations, foreign states".
3. "About application of the Law of the Azerbaijan Republic "About lease of land" to state the sixth paragraph of Item 2 of the Presidential decree of the Azerbaijan Republic of March 12, 1999 to No. 116 in the following edition:
- "provided by part five of Article 10 and part two of article 18 of this Law of power of "relevant organs of the executive authority" concerning the lands which are under the privatized state companies and objects performs the Ministry of Economic Development of the Azerbaijan Republic, concerning other lands - executive bodies of areas (cities)".
4. This Decree becomes effective from the date of publication.
Azerbaijan Republic Heydar ALIYEV
Approved by the Presidential decree of the Azerbaijan Republic of October 23, 2003 No. 972
1. This Procedure is prepared according to the Civil Code of the Azerbaijan Republic, the land legislation, the Law of the Azerbaijan Republic "About management of municipal lands" and other legal acts and establishes rules of carrying out the land biddings and tenders connected with receipt of the property rights (lease) to the state or municipal lands (except for the parcels of land which are in state-owned property, intended for industrial or science and technology parks).
2. The subject of land tenders and auctions are the property rights or lease to the parcels of land with the established borders and legal regime.
3. Transfer into the ownership or lease of state lands (except for the parcels of land on which the privatized state companies and objects are located) in the territory of the Azerbaijan Republic by means of land tenders or auctions is performed by the decision of relevant organs of the executive authority of areas (cities).
Transfer into the ownership or lease of the lands which are in municipal and private property by means of land tenders or auctions, is performed by the decision of owners.
Tender or auction can be carried out by organizers depending on the demand and supply. Tender and auction are carried out by the contest and auction committee appointed the organizer as a part of at least 5 people. The decision made by two thirds of members of the contest and auction committee is considered authorized.
Samples of the documents (the statement, tickets of participants of auction, the protocol, the certificate granted to the winner of auction or tender, etc.) regulating procedure for transfer into the ownership or lease of the parcels of land by means of tenders and auctions prepare and affirm the organizer - the State committee on property questions of the Azerbaijan Republic.
3-1. Persons specified in part three of article 9 of the Law of the Azerbaijan Republic "About the land market" have the benefit rights established by this Procedure during the land biddings or competitions held for the purpose of transfer of municipal lands to property or lease.
4. The organizer of tenders and auctions - the Auction center for the organization of the biddings under the State committee on property questions of the Azerbaijan Republic. The organizer establishes date of land tender or auction.
5. The organizer prepares the leases required on object or purchase and sale documents and materials.
These documents shall reflect the following data:
- document number concerning the property right to the parcel of land which is object of lease or purchase and sale, inventory data, the territory (address) of arrangement;
- the plan and the sizes of the parcel of land with indication of servitudes;
- size of the land tax;
- in case of arrangement of the parcel of land which is object of lease or purchase and sale within the master plan of development of the city - the conclusion of relevant organ on town-planning and architecture;
- data on ecological condition of the parcel of land.
6. The organizer prepares the notification on carrying out tender or auction (further - "notification") and will organize its distribution in mass media.
The organizer registers in the register about reception of applications of the statement of persons interested to take part in tender or auction, checks creation of the documents submitted by applicants according to requirements of these rules, draws up the protocol of the offer on carrying out tenders and auctions and preparation for them.
7. The notification is published by the organizer in mass media not later than 30 days before date of tender or auction and reflects the following data:
- data on the legal entity submitting the earth for tender or auction (the name, the address of the legal entity, certificate number about passing of state registration);
- conditions, place, time and date of tender or auction;
- bid increment (primary price);
- document number, confirming place, the square, inventory data of the parcel of land and land right, and also the main characteristic of the objects and other constructions located on this parcel of land;
- the list of the documents submitted for participation in tender or auction;
- the application form for participation in tender or auction, addresses of places of reception of applications, initial and final date of reception of applications and documents at applicants;
- time and the place of acquaintance with the parcel of land and the draft of the relevant agreement which is subject to the conclusion.
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