of December 11, 1998 No. 587-IQ
About lease of land
This law determines the legal basis of transfer to lease of the lands which are in the state-owned, municipal and private property and the rent relations in the Azerbaijan Republic.
Lease of land means the compensated use of the earth having term on contractual basis.
The legislation of the Azerbaijan Republic on lease of land consists of this law, land, civil and other legal acts of the Azerbaijan Republic.
The rent relations on use of subsoil of the earth, water, the woods, plant and animal life, cultural and natural landscapes are regulated by the relevant legislation of the Azerbaijan Republic.
In case the rules of transfer of lands to lease determined in the interstate agreements supported by the Azerbaijan Republic differ from the rules provided by this law rules of international treaties are applied.
Transfer of lands to lease and the rent 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".
The legal and economic relations arising between the lessor and the lessee are the rent relations on the ground.
Objects of the rent relations are the lands which are in the state-owned, municipal and private property on the ground.
In the Azerbaijan Republic the state and municipal lands which are objects of the rent relations determined by this law are transferred to use to the legal entities and physical persons performing activities for the purpose of profit earning in the procedure established by the legislation, on rent basis.
In the cases provided in documents on use of the earth the user of the earth can lease it.
The below-specified lands which are in state-owned property can be leased:
* lands on which objects of ore mining industry, mineral deposits with the confirmed inventories, bulk distribution lines, industrial, transport facilities, objects of communication, power, important objects of melioration and water economy are located;
* earth of forest fund;
* the earth of the water fund, including bottom belonging to the Azerbaijan Republic sectors of the Caspian Sea (lake);
* earth of summer and winter pastures;
* earth of the state research and educational institutions, their pilot bases, mashinoispytatelny stations, state sortoispytatelny, seed-growing and breeding companies;
* earth of improving and recreational appointment;
* lands on which the state companies are located, organizations and the organizations or the construction of the state objects is designed.
Transfer to lease of other state lands is regulated by the Land code and the relevant legislation of the Azerbaijan Republic.
By transfer of state lands to lease are considered their legal status, the mode, purpose, their use and protection are regulated by the land legislation and other legal acts of the Azerbaijan Republic.
The following lands which are in municipal property can be leased:
* earth of reserve fund;
* the lands which are in use of physical persons and legal entities.
Transfer to lease of the lands which are in general use is determined by the legislation of the Azerbaijan Republic on municipal lands.
The lands which are in private property of legal entities and physical persons of the Azerbaijan Republic can be leased according to the procedure, provided in the civil and land legislation of the Azerbaijan Republic.
Subjects of the rent relations above the ground are the Azerbaijan Republic, municipalities, legal entities and citizens of the Azerbaijan Republic, and also foreigners and stateless persons, foreign legal entities, international associations and the organizations, and also foreign states.
On behalf of the Azerbaijan Republic executive bodies participate in the rent relations within the powers.
Municipalities participate in the rent relations within the powers conferred to them by legal acts of the Azerbaijan Republic.
Legal entities and citizens of the Azerbaijan Republic participate in the rent relations as lessors and lessees.
Foreigners and stateless persons, foreign legal entities, international associations and the organizations, and also foreign states can participate in the rent relations only as lessees and subtenants.
By transfer of lands to lease the following conditions are complied:
* accounting of natural and geographical conditions of the territory, the term and features of use of the earth protected by the law of interests of owners and users of the neighboring lands;
* use of lands to destination;
* respect for ecological balance and ensuring environmental protection during use of the earth;
* provision of the parcels of land on the basis of projects of land management and master plans of settlements;
* ensuring protection, protection of quality and fertility, recovery and improvement of lands of agricultural purpose.
In the Azerbaijan Republic lands can be leased directly by the decision (consent) of owners or the bodies authorized by them by means of land tenders or the biddings. The right of lease of municipal lands, except for transfers of the earth to the state lease for the purpose of accomplishment of the obligations following from international treaties of the Azerbaijan Republic can be received only by means of the open land tenderings or tenders.
The decision on direct transfer to lease of state lands except for of the lands of agricultural purpose which are in state-owned property is accepted on the basis of the statement of person wishing to lease the earth and in case the leased parcel of land is in legal use, - the consent of the land user and the conclusion of relevant organ of the executive authority, and between the lessor and the lessee the lease agreement is signed.
Direct transfer to lease of the lands which are in private property is performed on the basis of the agreement signed between the lessor and the lessee and approved in notarial procedure.
The state and municipal lands having special town-planning value can be leased separately or together with projects only by means of land tenders or the biddings.
Transfer to lease of state lands by means of land tenders or the biddings is performed by relevant organ of the executive authority.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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