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LAND CODE OF THE AZERBAIJAN REPUBLIC

of June 25, 1999

(as amended on 20-11-2020)

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 parcel of land and firmly connected with the earth (inseparable from it) thing are single real estate and single object of property.

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;

establishment of rules of carrying out the state land cadastre, monitoring and land management;

transfer according to the procedure, established by this Code and other legal acts, the parcels of land which are in state-owned property in use and lease, their redemption for the state needs;

alienation according to the procedure, established by this Code and other legal acts, the parcels of land which are in private property;

establishment of rules of determination of the minimum land areas which can be taken on state registration;

reference of lands to categories and their transfer from one category to another;

transfer of summer and winter pastures to use to administrative and territorial units;

establishment for the purpose of the taxation of conditional points taking into account appointment, geographical arrangement and quality of farmlands on regions of cadastral cost and administrative areas entering them;

development and implementation of state programs on rational use of lands, increase in their fertility, protection of land resources and on other measures for conservation;

conducting the state environmental assessment of the activities connected with use of the lands which are in state-owned property and decision making about suspension of construction or reconstruction of objects without the positive conclusion of the state environmental assessment;

the organization and implementation of the state control of use of lands according to the legislation and their protection;

organization of carrying out the state land cadastre, monitoring, land management;

the decision of the land disputes specified in this Code which shall be solved extrajudicially;

implementation of other powers established by the legislation.

Article 7. Powers of the Nakhchivan Autonomous Republic in the field of regulation of land relations

The powers specified in 5 - the 16th paragraphs of article 6 of this Code within borders of the autonomous republic belong to powers of the Nakhchivan Autonomous Republic in regulation of land relations.

Article 8. Powers of municipalities in the field of regulation of land relations

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

the edition in the procedure for orders established by the legislation on ownership, use of the lands which are in municipal property and about these lands;

provision in the procedure for the parcels of land which are in municipal property established by the legislation in property, use and lease;

organization of development and implementation of master plans of settlements, projects on planning and construction, plans of land management and economic plans;

obtaining from users municipal lands of the hire charge of the parcels of land;

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;

protection within the powers of the rights of owners, users and lessees of the earth;

development and implementation of programs for protection and improvement of municipal lands;

establishment of the minimum land area, provided (sold) in property and lease to legal entities and physical persons;

monitoring within the powers of use of municipal lands and their protection;

the decision within the powers of disputes on municipal lands which shall be solved extrajudicially;

implementation of other powers established by the legislation.

Chapter II. Single land fund of the Azerbaijan Republic

Article 9. Single land fund of the Azerbaijan Republic and its structure

1. All lands located within borders of the Azerbaijan Republic form its single land fund.

2. According to purpose and legal regime of the earth of the Azerbaijan Republic are subdivided into the following categories:

earth of agricultural purpose;

earth of settlements (cities, settlements and rural settlements);

earth of the industry, transport, defense, communication and other appointment;

the earth of especially protected territories;

earth of forest fund;

earth of water fund;

earth of reserve fund.

3. Reference of lands to categories and their transfer from one category in another is made in accordance with the established procedure by relevant organ of the executive authority. The lands belonging to aquacultural farms are left in category of lands to which they belong, and are not transferred to other category.

Article 10. Purpose and legal regime of lands

1. Purpose of lands are established by this Code and other regulatory legal acts of the rule, condition and limits of use of the earth in specific purposes according to its category.

2. The legal regime of lands is set of the rules established by the legislation on the earth, town planning, water, the woods, subsoil of the earth and conservation in the field of implementation of use, protection, accounting and monitoring of lands and extends to all parcels of land referred to certain land category.

3. Rules and the restrictions set for each category act on the identical lands referred to many categories. In case of dispute on legal regime of the parcel of land preference is given to the land category having more high legal regime.

4. The purpose and legal regime of land categories are established by the legislation, are reflected in documents on town planning and land management. Rules of land use within categories are established by owners, users and lessees, according to documents on natural economic division into districts, zoning, territorial planning, use and land management.

5. Categories of the earth are reflected in the decision of relevant organ of the executive authority or municipality on granting lands, documents according to the state land cadastre, the books of land registration and other documents specified in this Code.

Article 11. Limited use of the parcels of land

1. Limited use of the parcels of land is use of the parcel of land taking into account its purpose, and also the set restrictions and obligations.

2. Limited use of the parcel of land is established based on zoning of lands, documents on town planning and land management irrespective of form of the rights to this parcel of land.

3. The requirements covering limited use of the parcel of land are regulated by the corresponding regulatory legal acts.

4. Unauthorized change of limited use of the parcel of land is not allowed.

Chapter III. Earth of agricultural purpose

Article 12. Earth of agricultural purpose and their structure

1. The parcels of land provided in territorial planning of land use for agricultural needs are considered as lands of agricultural purpose.

2. Agricultural places (grounds), lands which are under the forest strips, intraeconomic roads, communications, swamps, reservoirs, structures and constructions necessary for farming are part of lands of agricultural purpose.

3. The lands which are under crops, long-term landings, laylands, meadows, pastures and pastures belong to agricultural places (grounds).

4. Agricultural places (grounds) are especially protected. The translation of these lands in the nonagricultural purposes in other categories is allowed in exceptional cases by the decision of relevant organ of the executive authority according to the procedure, established by this Code and other legal acts.

5. For transfer of the lands which are in municipal property of agricultural purpose to other categories in the nonagricultural purposes municipalities lift the petition before relevant organ of the executive authority.

Article 13. Target use of lands of agricultural purpose

1. The earth of agricultural purpose are used for the purpose of production and conversion of agricultural products, and also in the research, educational, educational and practical and test purposes in the field of agricultural industry.

2. On lands of agricultural purpose meeting the conforming ecological and technical requirements of communication, temporary structures and installations necessary for the effective organization of agricultural industry can be built.

3. Use of lands of agricultural purpose in other purposes is performed according to the procedure, stipulated in Item 3 articles 9 of this Code.

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