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LAW OF THE AZERBAIJAN REPUBLIC

of February 18, 1995 No. 978

About reform of sovkhozes and kolkhozes

(as of March 5, 2010)

This Law guarantees the voluntary choice and creation by persons having the right to share from the earth and property which are in use (on balance) sovkhozes, kolkhozes, intereconomic and other companies of agricultural production (further - sovkhozes and kolkhozes), any form of business of economy (company).

Chapter I. General provisions

Article 1. Legislation on reform of sovkhozes and kolkhozes

The legislation on reform of sovkhozes and kolkhozes consists of the Law of the Azerbaijan Republic "About bases of agrarian reform", this Law, the Land code of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About business activity", "About the companies" and other regulations.

Article 2. Purpose and tasks of reform

The purpose of reform are creation of different types of farms in relation to market economy and development of entrepreneurship in the agrarian sector.

Reform tasks - separation of sovkhozes and kolkhozes in peasant farms, their transformation into the private-ownership agricultural enterprises based on joint tenancy, creation of the state agricultural enterprises based on sovkhozes, development of personal subsidiary farms, cooperation of the created farms and the organization of the servicing industries.

Article 3. Objects and subjects of reform

Objects of reform are the earth and property which are in use (on balance) sovkhozes and kolkhozes.

The permanent employees and members of sovkhozes and kolkhozes, persons who retired from sovkhozes and kolkhozes the persons working in sovkhoz and kolkhoz, which are called up for compulsory military service and the elected to elected state bodies are the subjects having the right to share from property of sovkhoz or kolkhoz.

The circle of legal entities and physical persons, other subjects having claims for property of sovkhozes and kolkhozes, their rights and obligation are regulated according to the legislation of the Azerbaijan Republic.

Holding land reform is regulated by the land legislation of the Azerbaijan Republic.

Article 4. The bodies performing reform

For carrying out reform State commission of the Azerbaijan Republic on agrarian reform, the Commission of the Nakhchivan Autonomous Republic on agrarian reform, the district and local commissions on agrarian reform are formed. The commissions within the powers bear responsibility for carrying out reform.

The rights and obligations, operating procedure of the commissions it is determined by relevant provisions.

Article 5. State commission of the Azerbaijan Republic on agrarian reform

The commissions of the Azerbaijan Republic on agrarian reform are included heads of the central state bodies of management exercising control of agro-industrial complex, representatives of relevant organs of the executive authority, the Central bank, State fund of insurance, republican committee of labor union of employees of agro-industrial complex, scientific institutions and the public.

State commission of the Azerbaijan Republic on agrarian reform the President of the Azerbaijan Republic will form and appoints its chairman. The commission is accountable to the President of the Azerbaijan Republic.

Commission:

develops, submits for approval of the President of the Azerbaijan Republic and will organize implementation of the state program of agrarian reform;

develops and provides observance of instructions, recommendations and other documents, required materials about application of the laws on reform;

determines and represents to the President of the Azerbaijan Republic the list of the objects left in state-owned property and transferred to the municipal possession;

makes offers on financial provision of reform, conducts distribution of allocated funds and provides their proper use;

develops and approves regulations on the Commission of the Nakhchivan Autonomous Republic, the district and local commissions on agrarian reform;

considers the addresses which arrived in connection with reform, etc.

Article 6. Commission of the Nakhchivan Autonomous Republic on agrarian reform

The commission of the Nakhchivan Autonomous Republic on agrarian reform, taking into account features of the autonomous republic, is formed on an equal basis with State commission of the Azerbaijan Republic on agrarian reform and carries out the specified tasks in the territory of the autonomous republic.

The structure and the commission chairman of the Nakhchivan Autonomous Republic on agrarian reform are approved by State commission of the Azerbaijan Republic on agrarian reform.

Article 7. District commission on agrarian reform

The district commission on agrarian reform is formed by the chief executive of the area (city). State commission of the Azerbaijan Republic on agrarian reform or the Commission of the Nakhchivan Autonomous Republic on agrarian reform approves the order about structure of the district commission on agrarian reform and appoints its chairman. From this day the commission begins to function.

The district commission on agrarian reform is accountable according to State commission of the Azerbaijan Republic on agrarian reform or the Commission of the Nakhchivan Autonomous Republic on agrarian reform.

The district commission on agrarian reform government agents of the area (city), regional council of People's Deputies, Deraptments of Agriculture, the State Property Committee of land department, statupravleniye, district committee of labor union of employees of agro-industrial complex, farms, the district public are included.

Commission:

develops and submits for approval of State commission of the Azerbaijan Republic on agrarian reform (The commissions of the Nakhchivan Autonomous Republic on agrarian reform) the district program of agrarian reform;

provides carrying out agrarian reform in the territory of the area;

makes offers on financial provision of reform in relevant organs and provides use of allocated funds to destination;

represents to State commission of the Azerbaijan Republic on agrarian reform or the Commission of the Nakhchivan Autonomous Republic on agrarian reform the offers (with the conclusions of the relevant ministries and departments) on the forthcoming transfer of the earth and property to municipal property;

brings to the local commissions on agrarian reform necessary regulations and instructions on the questions entering their competence advises members of the commissions;

considers the addresses which arrived in connection with reform, etc.

Article 8. Local commission on agrarian reform

The local commission on agrarian reform is formed by general meeting of sovkhoz and kolkhoz, its structure affirms the district commission on agrarian reform. The commission reports on the reform course to the district commission on agrarian reform.

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