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LAW OF THE AZERBAIJAN REPUBLIC

of June 29, 2001 No. 160-IIQ

About management of municipal lands

(as amended on 22-12-2020)

This Law regulates general rules of transfer of municipal lands to property, use and lease taking into account features of management of them, legal relations in the field of their use and protection.

Section I. General provisions

Article 1. Legislation of the Azerbaijan Republic on management of municipal lands
Article 2. Structure of municipal lands

2.1. All lands are municipal lands, except for the lands kept in the procedure established by the legislation in state-owned property and transferred to private property within the corresponding administrative territory.

2.2. Municipal lands according to features of their use are divided into the lands the public, lands which are in legal use and lease of legal entities and physical persons, and also the earth of reserve fund established by the legislation of the Azerbaijan Republic.

2.3. Can be included the earth of all categories on the purpose and legal regime in structure of municipal lands, the cases except for provided by the law.

2.4. Use of the municipal lands referred to certain category in other purposes can be allowed only after change of their purpose.

Article 3. Basic principles of management of municipal lands

3.0. Management of municipal lands is based on the following principles:

3.0.1. use of lands on purpose and non-admission of their unreasonable exception of turnover;

3.0.2. recovery, increase, protection of fertile layer of the earth, protection it from natural and anthropogenous impacts;

3.0.3. compliance with law and principles of social justice by transfer of lands to private property and lease;

3.0.4. paid use of the earth;

3.0.5. informing the population on the lands involved in civil circulation in various purposes.

Article 4. Powers of municipalities in the field of regulation of land relations

4.0. In the field of regulation of land relations within the administrative territories treat powers of municipalities:

4.0.1. in the procedure established by the legislation ownership, use and the order of the lands which are in municipal property;

4.0.2. transfer in accordance with the established procedure municipal lands in general use, in use of the companies, organizations and organizations which are in municipal property, lease to physical persons and legal entities and in property of citizens and legal entities of the Azerbaijan Republic;

4.0.3. the organization within the competence of preparation and implementation of the master plan, site plannings and building of settlements, plans of land management and economic plans;

4.0.4. obtaining from users of municipal lands of the land tax and the rent;

4.0.5. excitement in court of the claims for forced seizure of land transferred by municipality to free use to physical persons and legal entities for social needs;

4.0.6. preparation, approval and implementation of programs for protection and improvement of municipal lands;

4.0.7. establishment of the minimum limit of the parcels of land transferred to the possession and lease of legal entities and physical persons;

4.0.8. in need of land acquisition in municipal property - acquisition of the parcels of land on land auctions and at private owners, and also the petition before relevant organs of the executive authority for receipt of the earth from state-owned property;

4.0.9. control of rational use and protection of municipal lands;

4.0.10. the decision of the disputes connected with municipal lands which are subject to the decision extrajudicially;

4.0.11. protection within the powers of the rights of users and lessees of the earth;

4.0.12. implementation of other powers established by the legislation of the Azerbaijan Republic.

Article 5. Regulation of the relations between municipalities and relevant organs of the executive authority under management of municipal lands

5.1. Implementation of management in the field of the order, uses and protection of the lands which are in municipal property is exclusive right of municipalities.

5.2. From the date of establishment of limits, types and sizes of the parcels of land which are in municipal property, the powers conferred to relevant organs of the executive authority by part one of article 25 of the Law of the Azerbaijan Republic "About land reform" in the field of management of municipal lands cannot be performed.

5.3. Acceptance by relevant organs of the executive authority of the decisions limiting the rights of municipalities in the field of ownership, use and the order of the lands which are in municipal property is not allowed.

5.4. Relevant organs of the executive authority, users, lessees of the earth and non-governmental organizations can take part in the relations connected with municipal lands only within the powers conferred to them by the legislation of the Azerbaijan Republic.

Section II. Features of transfer of municipal lands to property, use and lease

Article 6. General rules of transfer of the parcels of land to property, use and lease

6.1. The lands which are in municipal property are transferred to the possession, use and lease according to the land legislation of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About the municipal territories and lands" and other regulatory legal acts governing land relations.

6.2. Transfer of the lands which are in municipal property to legal entities and physical persons on these or those rights is performed according to the decision of municipalities and under the agreement signed between the parties. The rights and obligations of the Parties, legal status of the parcel of land, the obligation, servitudes and other restrictions, the bases for agreement cancelation and other conditions connected with use and protection of lands are provided in the agreement.

6.3. The earth of agricultural purpose of reserve fund of municipalities are leased only on purpose with observance of stipulated by the legislation rules.

6.4. Transfer to private property, use and lease of the municipal lands which are under electric, oil and gas, transportation lines and communications of communication for construction of multi-storey, apartment, individual apartment and country houses, garages and construction of necessary constructions for the purpose of business activity, and also the parcels of land relating to apartment apartment houses - for the foreign purposes is not allowed.

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