Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of October 23, 2003 No. 972

About the additional measures connected using the Law of the Azerbaijan Republic "About lease of land"

(The last edition from 15-02-2016)

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.

 

President

Azerbaijan Republic Heydar ALIYEV

Approved by the Presidential decree of the Azerbaijan Republic of October 23, 2003 No. 972

Rules of carrying out the land tenders and auctions connected with transfer into the ownership or lease of the lands which are in the state-owned and municipal property

I. General provisions

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.

II. Organizer of tender and auction

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.

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