LAW OF THE AZERBAIJAN REPUBLIC

of July 16, 1996 No. 155-IQ

About land reform

  This Law determines the legal basis and rules of implementation of land reform in the Azerbaijan Republic.

Chapter I. General provisions

Article 1. Purpose and tasks of land reform

The purpose of land reform is creation of the new relations of land ownership on the basis of the principles of economic independence and social equality, development of market economy and entrepreneurial initiative, achievement of economic independence of the country, including providing the population with food, and increase as a result of this material wealth of the Azerbaijani people.

Tasks of land reform consist in determination of state lands, ensuring transfer of lands to municipal and private property, and also the rights of owners to ownership, use and the order of lands.

Article 2. Legislation of the Azerbaijan Republic on land reform

The legislation of the Azerbaijan Republic on land reform consists of the Constitution of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About bases of agrarian reform", this Law, the land code of the Azerbaijan Republic and other regulations.

Article 3. Object of land reform

Object of land reform is the single land fund of the Azerbaijan Republic.

When holding land reform in single land fund are established:

the lands left in state-owned property (state lands);

the lands transferred to the municipal possession (municipal lands);

the lands transferred to private property.

Article 4. Transfer of lands to private property and use

The earth is transferred to private property to citizens and legal entities of the Azerbaijan Republic. To physical persons and legal entities of foreign states the earth is provided to the faces which are not consisting in citizenship of the Azerbaijan Republic only in use or lease.

Article 5. Conditions of holding land reform

When holding land reform observance of the following conditions is necessary:

implementation of reformenny actions taking into account natural and geographical factors, population of the territory, local specifics of land use, quality of lands;

use of lands to destination;

providing ecological actions;

implementation of land reform based on projects of land management.

Chapter II. Patterns of ownership on the earth

Article 6. State lands

In state-owned property remain:

1) lands on which there are public authorities;

2) lands on which there are state objects of ore mining industry, the approved mineral deposits, power pool system, bulk distribution lines, transport, communication, defense, the state borderlands, important objects of services of melioration and water economy;

3) earth of summer and winter pastures, parking of the cattle and kocheviya;

4) the earth of forest fund (including the woods of the state agricultural enterprises);

5) the earth of water fund of the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic;

6) the lands which are in 20-50-meter coastal zone of the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic;

7) the earth of nature protection, natural and reserved, improving, resort, historical and cultural appointment, and also the earth of the territories protected by the law forbidden for economic activity;

8) earth of the state research and educational companies, their pilot bases, mashinoispytatelny stations, public service of sortoispytaniye, seed-growing and breeding farms;

9) the lands which are in unlimited use of the state companies, organizations and organizations; lands on which the construction of the state objects is designed;

10) earth of the state reserve fund.

The specified lands constitute exclusive property of the state, their transfer to use and lease is performed according to the procedure, established by the legislation.

The procedure for transfer of the specified lands to municipal and private property is established by the law.

Public administration by use and protection of state lands is assigned to relevant organs of the executive authority within their powers.

Article 7. Municipal lands

1. The lands within the corresponding territorial units which are not left in state-owned property and not given to private property are transferred to the municipal possession.

Municipal lands include:

- lands public;

- the lands which are in use of physical persons and legal entities;

- earth of fund of inventory.

 Also cemeteries, and also sites of pasture of the cattle with the population, municipal roads and intraeconomic roads, field-protecting forest belts, water management objects of local value, hydraulic engineering constructions and other common use facilities belong to lands public the earth of the cities, settlements and rural settlements, occupied under streets, squares, parks, forest parks, stadiums, athletic fields.

The municipal lands given them in termless or in temporary (short-term and long-term) use, and also in lease belong to the lands which are in use of physical persons and legal entities.

Lands of fund of municipal inventory treat:

- the lands intended for perspective development of settlements;

- municipal lands, the right of legal entities and physical persons to use and which lease it is stopped;

- other municipal lands which are in reserve.

2. The earth of fund of municipal inventory can be provided according to the legislation in general use, in use to the companies, organizations and the 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.

Suitable for agricultural industry of the earth of reserve fund of municipality can only be rented in the procedure established by the legislation to physical persons and legal entities for agricultural production.

Regulations of the parcels of land provided in temporary use and lease for needs of agricultural production are established by municipalities.

3. The order municipal lands and management of their use and protection are performed by municipalities.

Article 8. The lands which are in private property

The parcels of land concerning which at physical persons and legal entities the right of private property evolved from privatization of the state and municipal lands, purchase and sale of lands, their transition by inheritance, donation, exchange and the conclusion of other transactions connected with the earth and also transfer of lands to authorized (equity) fund of legal entities belong to the lands which are in private property.

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