of October 14, 2004 No. 135
About approval of Rules of maintaining the state real estate register
1. Approve "Rules of maintaining the state real estate register" (are applied).
2. Charge to the Cabinet of Ministers to resolve the issues following from this Decree.
3. This Decree becomes effective from the date of signing.
President of the Azerbaijan Republic
Approved by the Presidential decree of the Azerbaijan Republic of October 14, 2004 No. 135
1. Concept of maintaining the state register
Maintaining the state register is meant as entering into the state register of information on the property right of real estate and other property rights, emergence of these rights, restriction (burdening) and their transition to other person, the termination of these rights.
2. Legislation on rules of maintaining the state register
These rules determine rules of creation and maintaining the state real estate register (further the state register) prepared according to the Civil code of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About the state real estate register" and other legal acts.
3. The body constituting and the leading state register
According to article 1.0.4 of the Law of the Azerbaijan Republic "About the state real estate register" the state register is constituted and kept by the State committee of the Azerbaijan Republic concerning property (further - Committee).
4. Language of maintaining the state register
The state register is kept in state language of the Azerbaijan Republic.
5. Structure of the state register.
5.1. The structure of the state register consists of Sections, and Sections from Chapters according to Articles 13. 6, 13.8 and 13.9 Laws of the Azerbaijan Republic "About the state real estate register".
5.2. Sections of the state register are ordered in such a way that at the beginning the parcels of land which all objects which are closely connected with the parcels of land follow are specified. The Sections relating to certain apartments, non-residential premises follow after the Sections relating to buildings and structures which include the specified apartments and non-residential premises.
5.3. Chapters of the state register are placed on the single sheet (sheets) and are ordered in such a way that at the beginning data on the description of the specific real estate unit are specified, and then the registered right on this real estate unit follows, and also data on the documents forming basis for the owner of this right, and registration of the rights, and are represented at the end data on restriction of this right (further according to Chapter I, II and III).
6. Form of the state register.
The form of the state register is determined by Committee.
7. The means reflecting the state register
7.1. The state register in parallel is reflected in the following means:
7.1.1. on paper by any written method, without use of the computer.
7.1.2. on the electronic medium with use of the computer (disk, diskette, etc.).
8. Features of maintaining the state register on paper
8.1 Maintaining the register on paper (written instruments) is performed at the same time in the book of the state register and in the folder.
8.2. The book of the state register is considered the control copy, and the folder the copy for use. The control copy is allowed to be used in cases, stipulated in Article 8.3 these rules.
8.3. The corresponding entries in the book and the folder of the state register shall be identical. If they are excellent, entries in the book of the state register take advantage.
8.4. The book and the folder of the state register consist of separate volumes.
The book of the state register is constituted from the volumes consisting of the sheets bound (fastened) with firm cover (which pages can be withdrawn only by vyryvaniye, or cutting).
8.5. The folder of the state register consists of volumes which pages can be withdrawn, can be withdrawn only by vyryvaniye or cutting.
8.6. On each volume of the book and folder of the state register numbers of the first and last Sections and pages entering this volume are specified. Numbers of the Sections and pages entering each of volumes continue numbers of the pages and Sections included in the previous volume.
9. Features of maintaining the state register on electronic media
9.1. The state register on electronic media is kept according to provisions of the Law of the Azerbaijan Republic "About the digital signature and the electronic document" and other legal acts. In that case the following requirements shall be observed:
9.1.1. Observance of necessary procedure for use of information, in particular prevention of loss of information, implementation of measures for creation of reliable system of protection for the purpose of exception of illegal acquisition of information.
9.1.2. Operational entering of information into the database, its storage in steady-state accurate, readable condition.
9.1.3. Possibility of the proof of modification and removal of information.
9.2. Maintaining the state register provides also in identical procedure creation and storage in working order of the corresponding lists on real estate units, the rights to the specified objects and owners of these rights, restrictions and other indicators.
10. Individualization of Sections of the state register
10.1. Sections of the state register are individualized according to their numbers and names.
10.2. Sections of the state register are numbered by the state register numbers (further - register numbers) according to article 13.5 of the Law of the Azerbaijan Republic "About the state real estate register".
10.3. Sections of the state register are given names of specific type of real estate (the parcels of land, all objects which are firmly connected with the earth including water objects (reservoirs), the woods, long-term saplings, buildings, structures, non-residential premises, apartments, personal apartment and country houses, the companies of type property complex, communications and subsoil plots of the earth).
11. Registration and specifying of registration numbers
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