PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of September 6, 1997 No. 629

About measures for effective use of the state-owned property leased

For the purpose of ensuring effective use of state-owned property and enhancement of the mechanism of its transfer to lease I decide:

1. On behalf of the state in the territory of the Azerbaijan Republic (except for in the cases determined by the laws of the Azerbaijan Republic and the President of the Azerbaijan Republic, and also the parcels of land, buildings and non-residential premises, the historical and cultural monuments which are in state-owned property, located in the territory of the city of Shushi or their part which are in state-owned property and intended for industrial or science and technology parks of industrial districts and agroparks, and also the tourist centers in the borders of zones of tourism and recreation created by the state) to transfer the provision right to lease of the state real estate to the manager of state-owned property - to the Ministry of Economics of the Azerbaijan Republic. Transfer to lease of immovable historical and cultural monuments of republican and local value or their separate parts (except for the archaeological monuments and also historical and cultural monuments located in the territory of the city of Shushi or their parts) for the purposes, the stipulated in Clause 19 Laws of the Azerbaijan Republic "About protection of historical and cultural monuments" is performed with the permission of the Ministry of Culture of the Azerbaijan Republic, in the territory of subordinated national parks - the State agency on tourism of the Azerbaijan Republic, in the territory of the National historical and architectural park "Icheri Sheher" and the National historical and ethnographic park "Gala" - Managements of the National historical and architectural park "Icheri Sheher". Except for historical and cultural monuments of world value, other historical and cultural monuments which are in state-owned property, located in the territory of the city of Shushi or their part are leased (in use) the Shusha city department of the national park according to the master plan of the city of Shushi.

In the contracts for lease of real state-owned property signed about day of signing of this Decree by the legal heir of lessors to consider the Ministry of Economics of the Azerbaijan Republic. Transfer to lease and to use of other property which is state-owned property, and the personal estate belonging except as specified, determined by the President of the Azerbaijan Republic, to the legal entities belonging to the state is performed only with the consent of the Ministry of Economics of the Azerbaijan Republic.

Determine that in the companies and the organizations financed from the government budget there are 100 percent of the payment received from leasing of real estate, except for the case determined by the President of the Azerbaijan Republic, and in the companies and the organizations acting on the basis of the commercial principles, 50 percent are transferred into the government budget, and the rest remains at their order.

Leasing of the real estate belonging to joint-stock companies on which the decision on preserving their shares completely or the controlling stake in state-owned property is made , except as specified, leasing of the real estate belonging to the legal entities who are in state-owned property the Ministry of Economics of the Azerbaijan Republic and part of the rent received from leasing of this property, pro rata to the state share is transferred to the government budget.

2. To the Ministry of Economics of the Azerbaijan Republic:

- analyse the signed contracts on transfer to lease of state-owned property and take adequate measures on liquidation of the provisions contradicting the existing legislation;

- according to requirements of the Law of the Azerbaijan Republic "About lease" anew to review the lease amount with participation of lessees and to perform necessary measures for timely contribution to the relevant budgets of the hire charge;

- according to the existing legislation to provide privatization of the leased and inefficiently used state-owned property.

3. To the Cabinet of Ministers of the Azerbaijan Republic to resolve the issues following from this Decree.

4. This decree becomes effective from the date of its signing.

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