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LAND CODE OF THE AZERBAIJAN REPUBLIC

of June 25, 1999

(The last edition from 03-05-2019)

Chapter I. General provisions

Article 1. Land legislation of the Azerbaijan Republic

1. The land legislation of the Azerbaijan Republic consists of of this Code, the Law of the Azerbaijan Republic "About land reform" and other regulatory legal acts.

2. The relations on use of subsoil of the earth, water objects, the woods, plant and animal life, cultural and natural landscapes, atmospheric air and their protection are regulated by the relevant legislation of the Azerbaijan Republic.

3. Land relations in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 2. Purpose of the Land code of the Azerbaijan Republic

The land code of the Azerbaijan Republic is directed to settlement in the Azerbaijan Republic of the land relations evolving from application of different types of land ownership, implementation of the obligations of owners, users and lessees of the earth connected with the earth and protection of their land rights, creation of conditions for rational use of lands and their protection, recovery and increase in fertility of the earth, recultivation of the lands which came to unfitness as a result of pollution and destruction, preserving and improvement of the environment.

Article 3. Land relations

1. Land relations are public relations between state bodies, municipalities, legal entities and physical persons in the field of the edition of the order about ownership of the earth, land use and about the earth, as well as the field of government by use of natural resources.

2. Participants of land relations is the Azerbaijan Republic, state bodies, municipalities, citizens and legal entities of the Azerbaijan Republic, and also foreigners and stateless persons, foreign legal entities, international associations and the organizations, foreign states.

3. Foreigners and stateless persons, foreign legal entities, international associations and the organizations, and also foreign states can act as participants of land relations with the organizations, stipulated in Article the 48th of this Code.

4. Object of land relations consists of the parcel of land and the rights to it.

Article 4. Parcel of land

1. The parcel of land is part of the land surface with reflection in the state land cadastre and documents of state registration of land rights borders, the sizes, geographical location, legal status, the mode, appointment and other indicators.

2. Borders of the parcel of land are reflected in topographical plans and are moved to the area (nature). After transferring of border of the parcel of land on the area (nature) its sizes are determined.

3. Legal status of the parcel of land covers its purpose, form of the right to the parcel of land (the property right, uses or leases), and also the loading (restrictions) established concerning use of the parcel of land.

4. The parcels of land and the rights to them, and also the real estate connected with the parcel of land (land layer, reservoirs, the woods, long-term plantings, structures, constructions and other similar objects) participate in turnover in indissoluble form.

5. The parcel of land can be divisible and indivisible,

Those parcels of land which on the target and economic appointment can be divided into separate parts, and after division each of these parts are considered as dividends, turning into the independent parcel of land, can be taken on state registration.

Those parcels of land which on the target and economic appointment cannot be divided into the separate independent parcels of land are considered as indivisible.

In order to avoid excessive division of lands by relevant organ of the executive authority rules of determination of the minimum area of the parcel of land which can be taken on state registration are established.

6. According to the Civil code of the Azerbaijan Republic the address which allows to determine its location without use of special means is appropriated to the parcel of land.

Article 5. Property on the parcel of land and its types

1. In the Azerbaijan Republic there is the state-owned, municipal and private property on the parcel of land. Types of property are equal and are protected by the state.

2. Persons of law on property are: on the parcels of land which are in state-owned property, the Azerbaijani state on the parcels of land which are in municipal property - municipalities, on the parcels of land which are in private property - citizens and legal entities of the Azerbaijan Republic.

3. The property right to the parcel of land consists of the rights of the owner to undivided or joint tenancy, use and the order of the parcel of land.

Article 6. Powers of the state in the field of regulation of land relations

In the field of regulation of land relations treat powers of the state:

preparation of suggestions for improvement of the land legislation of the Azerbaijan Republic;

adoption of the regulatory legal acts providing execution of the land legislation, and introduction of changes in them;

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