Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of November 28, 2000 No. 421

About approval of the Regulations on the state control of use and protection of lands

(as amended on 15-02-2016)

According to the Land code of the Azerbaijan Republic I decide:

1. Approve "Regulations on the state control of use and protection of lands" it (is applied).

2. This Decree becomes effective from the date of publication.

President of the Azerbaijan Republic
Heydar Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of November 28, 2000 No. 421

Regulations on the state control of use and protection of lands

I. General provisions

1. This Provision establishes rules of implementation of the state control (except for the state control of ensuring fertility of lands) behind use and protection of lands in the territory of the Azerbaijan Republic according to the Land code of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About land reform" and "About lease of land".

2. The purpose of the state control of use and protection of lands consists in ensuring compliance with the land legislation in case of effective use by all owners, users and lessees of the earth the parcels of land, in improvement of their protection and quality, carrying out the state land cadastre, monitoring and technical accounting of lands, and also in implementation of the land management, search and prospecting works, accomplishment connected with the parcel of land of obligations and restrictions, servitudes.

3. The state control of use and protection of lands is performed by the State committee of the Azerbaijan Republic on property questions and the State committee of the Nakhchivan Autonomous Republic on real estate and the land questions.

4. The structure of state control bodies behind use and protection of lands includes also territorial subdivisions of the State committee of the Azerbaijan Republic on property questions and local divisions of the State committee of the Nakhchivan Autonomous Republic on real estate and the land questions.

5. The chairman of the State committee of the Azerbaijan Republic on property questions on the position is at the same time Chief state inspector on use and protection of lands in the Azerbaijan Republic, and his deputy for the specified industry - the Deputy Chief state inspector.

6. The chairman of the State committee of the Nakhchivan Autonomous Republic on real estate and the land questions on the position is at the same time Chief state inspector on use and protection of lands in the territory of the Nakhchivan Autonomous Republic, and his deputy for the specified industry - the deputy chief state inspector.

7. The director of the State Agency of the organization of public administration of lands under the State committee of the Azerbaijan Republic on property questions, his deputies, heads of the corresponding structural units (departments) and heads of the corresponding structural units (departments) of the State committee of the Nakhchivan Autonomous Republic on real estate and the land questions for the position are at the same time state inspectors on use and protection of lands, and other workers to whom implementation of the state control is entrusted are inspectors on use and protection of lands.

8. Heads of local structures of the State committee of the Azerbaijan Republic on property questions and local divisions of the State committee of the Nakhchivan Autonomous Republic on real estate and the land questions on the position are the state district, city inspectors of the state control on use and protection of lands in the respective areas and the cities, and employees of local structures (divisions) to whom implementation of the state control is entrusted are inspectors of the state control on use and protection of lands of the respective areas and the cities.

II. Tasks of the bodies exercising the state control of use and protection of lands

9. According to tasks of the state control of use and protection of lands the State committee of the Azerbaijan Republic on property questions and the State committee of the Nakhchivan Autonomous Republic on real estate and the land questions:

9.1. within the powers will organize and exercise the state control of rational use and protection of all lands in the territory of the country;

9.2. having researched the reasons of regress (degradation) of lands with deterioration in their fertile properties as a result of harmful effects of natural and anthropogenous processes, will organize their examination and prepare relevant proposals on elimination of these reasons;

9.3. give the corresponding account on fight against erosion, agrotechnical, agrochemical, meliorative (recultivation measures), the phytosanitary and other complex measures which are carried out for the purpose of recovery, increase and protection of fertility of lands;

9.4. for the purpose of recovery and increase in fertile properties of the lands which lost fertility make offers on their temporary exception of economic circulation and preservation;

9.5. provide measures for suppression of cases of unauthorized occupation (capture) of the parcels of land, informing law-enforcement bodies of the Azerbaijan Republic on these cases;

9.6. establish cases of violations of the land legislation and take adequate measures on their elimination.

10. The state committee of the Azerbaijan Republic on property questions and the State committee of the Nakhchivan Autonomous Republic on real estate and the land questions, their local structures and local divisions exercise the state control for:

10.1. use by owners, users and lessees of the earth of the parcels of land to destination and observance of the conditions established by the legislation by them;

10.2. provision of exact data on condition of use of lands at the moment, their accounting and state registration of the rights to the parcel of land, and also reserve land fund (not used lands);

10.3. removal of the upper fertile layer (sowing and subsowing layer) during work, connected with violation of the upper layer of the earth and repeated recultivation of this land weight, and also its use for improvement of sowing layer available in the territory of infertile lands;

10.4. improvement of fertile properties of lands, prevention of erosion, timely carrying out complex measures for fight against zasoloneniye, formation of saline soils, bogging, sinking, pollution by household waste, sewage, and also different origin radioactive and chemical elements, covering poisonous plants, weeds and thickets, regression (degradation) and other negative natural and anthropogenous processes.

III. The rights of state control bodies behind use and protection of lands

11. The chief state inspectors of the Azerbaijan Republic and the Nakhchivan Autonomous Republic on use and protection of lands, their deputies, the state inspectors, inspectors, and also district (city) state inspectors, inspectors according to the obligations assigned to them within their powers are granted the following rights:

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