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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of April 18, 2008 No. 91

About approval of the Procedure for providing persons exempted from serving sentence in penal institutions, premises in temporary public housing and exceptional cases of increase in terms of accommodation in the specified premises in temporary public housing

(as of April 14, 2010)

For the purpose of ensuring execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic of July 3, 2007 No. 606 "About application of the Law of the Azerbaijan Republic "About social adaptation of persons exempted from serving sentence in penal institutions" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for providing persons exempted from serving sentence in penal institutions by premises in temporary public housing and exceptional cases of increase in terms of accommodation in the specified premises in temporary public housing" it (is applied).

2. This resolution becomes effective from the date of signing.

 

Prime Minister

Azerbaijan Republic A. RASI-ZADE

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of April 18, 2008, No. 91

Procedure for providing persons exempted from serving sentence in penal institutions, premises in temporary public housing and exceptional cases of increase in terms of accommodation in the specified premises in temporary public housing

1. This Procedure is prepared in connection with execution of the Presidential decree of the Azerbaijan Republic of July 3, 2007 No. 606 "About application of the Law of the Azerbaijan Republic "About social adaptation of persons exempted from serving sentence in penal institutions" and determines procedure for providing persons exempted from serving sentence in penal institutions, premises in temporary public housing and also exceptional cases of increase in terms of accommodation in the specified premises in temporary public housing.

2. Provisions of this Procedure are not applied to the citizens of the Azerbaijan Republic exempted from serving sentence and needing social adaptation, who are constantly living in the Azerbaijan Republic to stateless persons and also to the citizens of the Azerbaijan Republic who came back on permanent residence to the Azerbaijan Republic within three months after release from serving sentence in penal institutions of other states.

3. According to article 7 of the Law of the Azerbaijan Republic "About social adaptation of persons exempted from serving sentence in penal institutions" the persons exempted from serving sentence registered by the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic are provided with premises in temporary public housing in the following cases:

3.1. in the absence of living space or loss in the procedure for the right to former living space established by the legislation;

3.2. in cases accommodation on living space of the minors transferred in the procedure established by the legislation under guardianship in case of disagreement of body of guardianship of guardianship on placement on the specified living space of person exempted from serving sentence (except as specified when it is owner of the apartment).

4. The persons exempted from serving sentence and which do not have living space (further - persons exempted from serving sentence), are provided with premises in temporary public housing for the term of no more than one year.

5. When providing persons exempted from serving sentence, with premises in temporary public housing individual approach to each of them shall be provided, questions of their adaptation to social environment, protection of their rights, freedoms and legitimate interests shall be considered.

6. When providing persons exempted from serving sentence, their age, sex and health shall be considered by premises in temporary public housing.

7. Providing with premises in temporary public housing the women exempted from serving sentence and having in charge the children who did not reach 14 years is performed without delays.

8. Providing persons exempted from serving sentence with premises in temporary public housing is performed based on the solution of the corresponding local executive bodies, control over accommodation of specified persons - the Ministry of Internal Affairs.

9. Terms of accommodation of persons exempted from serving sentence in premises in temporary public housing can be prolonged in exceptional cases for one year based on the solution of the corresponding local executive bodies. Exceptional cases of increase in terms of accommodation in premises in temporary public housing are:

9.1. application of emergency situation;

9.2. period of pregnancy and postnatal period;

9.3. availability on care of two and more children who did not reach 14 years;

9.4. women with handicapped children;

9.5. receipt of serious illness;

9.6. availability of the status of the displaced person equated to it person and the refugee;

9.7. veteran of war.

10. Providing persons exempted from serving sentence with premises in temporary public housing shall not be performed with violation of the rights of other persons.

11. The premises in temporary public housing of persons exempted from serving sentence shall meet the requirements, necessary for accommodation.

12. Accommodation of persons exempted from serving sentence is performed in buildings, specially allotted for these purposes, with the established regulation of living space on one person in 8 sq.m.

When providing persons exempted from serving sentence, the validity of living space, availability of water, system of heating, electrical energy, other factors, necessary for accommodation, shall be considered by premises in temporary public housing.

13. Providing premises in temporary public housing with the household equipment, necessary for accommodation, and also financing of actions for content, repair and restoration of premises in temporary public housing is performed at the expense of means of the government budget.

14. The actions celebrated in Item 13 of this Procedure can be financed also by municipal means, donations of physical persons and legal entities, and also other means which are not prohibited by the legislation.

15. Expenses on public service of premises in temporary public housing of persons exempted from serving sentence are performed according to the legislation at the expense of specified persons.

16. When moving persons exempted from serving sentence from the premises in temporary public housing allocated to them they hand over living space to the corresponding local executive bodies in the condition transferred to them.

17. In case of damnification to the premises in temporary public housing allocated to persons exempted from serving sentence on their fault, the caused damage is eliminated at the expense of specified persons.

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