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ORDER OF THE PRESIDENT OF THE AZERBAIJAN REPUBLIC

of June 29, 2006 No. 1540

About approval of the Actions plan on development of system of state registration of the rights to real estate in the Azerbaijan Republic

(as amended on 15-02-2016)

Dynamic development of economy, strengthening of investing activities and economic activity of the population in the country do necessary updating of system of state registration of the rights to real estate. In recent years in this sphere considerable work in the direction of enhancement of the legislation and management system was done. At the same time implementation of number of actions for creation of the system of state registration of the rights to real estate meeting the modern requirements is necessary. For this purpose I decide:

1. Approve "The actions plan on development of system of state registration of the rights to real estate in the Azerbaijan Republic" it (is applied).

2. Charge to the Cabinet of Ministers of the Azerbaijan Republic:

2.1. take adequate measures on financing of the Actions plan approved by Item 1 of this Order;

2.2. resolve other issues following from this Order.

3. This Order becomes effective from the date of publication.

President of the Azerbaijan Republic

Ilham Aliyev

Approved by the Order of the President of the Azerbaijan Republic of June 29, 2006, No. 1540

The actions plan on development of system of state registration of the rights to real estate in the Azerbaijan Republic

I. The existing condition of system of state registration of the rights to real estate and the main directions of its development

Questions of regulation of the property right and the civil relations enter one of the main functions of the state. For the first time in Azerbaijan census of personal and real estate of the population of Baku and the territories, adjacent to it, for the purpose of attraction it to tax was it is begun on December 22, 1816. In 1832 through this census in addition to suburbs of Baku there passed all territory of Azerbaijan.

According to the Provision of Central Executive Committee of Azerbaijan and Council of People's Commissars of the Azerbaijani SSR "About use of lands in the cities" of February 20, 1926 based on the joint instruction of the People's Commissariat for Internal Affairs of the Azerbaijani SSR and the Land National Commissariat of the Azerbaijani SSR of May 31, 1927 all lands which are in limits of borders of settlements of city type were registered addressed to users of these lands and Land marks were issued to them. And to the owner of each structure and construction located on such parcel of land allocated to the citizen, the local body of municipal services issued the Inventory mark reflecting in itself technical performances of the earth, structure and construction. Beginning since 1987, as a part of local authorities of municipal services based on collected archival materials interdistrict bureaus of technical inventory count began to be created.

After independence acquisition by the Azerbaijan Republic this process is enhanced by passing of various stages of development. The economic reforms undertaken recently in the country opened ample opportunities for development of this sphere. Creation of infrastructure of real estate according to the principles of market economy of the modern period and ensuring transparency in system of registration of real estate are of great importance in protection of interests of owners and other legal owners, development of mortgage, increase in investment investments in national economy and intensity of turnover in the real estate market. In recent years important steps in the direction of creation in this sphere of the legislation were taken. Basic provisions about state registration of the rights to real estate found the reflection in the Civil code of the Azerbaijan Republic which entered on September 1, 2000.

As a result of adoption of law of the Azerbaijan Republic "About the state real estate register" the rules of single form of maintaining the state real estate register regulating state registration of the property rights to real estate and other property rights in the Azerbaijan Republic, origins, restrictions (encumbrance), the translation, the termination of these rights were established. As a result of the above-stated, and also other taken measures the Law of the Azerbaijan Republic "About mortgage", serving the purposes of the organization of system of mortgage loans and reflecting in itself international opta in this sphere was adopted.

Annual increase as a result of the reforms of share of private sector of economy foreseen in the country, increase in economic activity and personal initiative of the population do necessary creation of the state body performing state registration of the rights to real estate at the level meeting the modern requirements. With respect thereto the Presidential decree of the Azerbaijan Republic of February 7, 2005 No. 188 created Service of the State real estate register under the Cabinet of Ministers of the Azerbaijan Republic, the Presidential decree of the Azerbaijan Republic of August 30, 2005 No. 286 approves Regulations on this service, in the city of Baku and other regions of the country its territorial administrations began to be created.

Now it is necessary to perform number of actions for the purpose of enhancement of state registration of the rights to real estate and creations of activities of Service of the State Real estate register according to modern requirements. The Actions plan on development of system of state registration of the rights to real estate is for this purpose prepared. Such works as forming of Service of the State real estate register, creation of the single inventory and system of registration of real estate, the organization of territorial administrations of service, adjustment of electronic communication between territorial administrations and central office, creation of the archival system meeting the modern requirements, and also studying and application of the international experience existing in this sphere found the reflection in the Actions plan.

Ensuring activities of territorial administrations of Service first of all requires providing them with buildings and creation of their material and technical resources. Installation of local computer networks in central office and territorial administrations, preparation of the software and creation of the automated workplaces, and also adjustment of communication between the center and territorial administrations by means of the computer network performing the high-speed information exchange meeting the modern requirements give the chance to consolidation in one center of the data connected with state registration of real estate.

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