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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 19, 2009 No. 147

About approval of the Procedure for activities and numerical structure of the commission created for the solution of questions of property, financial and other questions connected with consolidation, department and liquidation of municipalities

(as amended on 04-11-2015)

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic of July 22, 2009 "About ensuring execution of the Law of the Azerbaijan Republic of March 17, 2009 No. 777-IIIGD "About modification and amendments in the Laws of the Azerbaijan Republic "About joint activities, consolidation, department and liquidation of municipalities" and "About administrative supervision of activities of municipalities" the Cabinet of Ministers of the Azerbaijan Republic decides No. 135:

1. Approve "The procedure for activities and numerical structure of the commission created for the solution of questions of property for the financial and other questions connected with consolidation, department and liquidation of municipalities" (is applied).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A.Раси-Заде

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 19, 2009, No. 147

Procedure for activities and numerical structure of the commission created for the solution of questions of property, financial and other questions connected with consolidation, department and liquidation of municipalities

1. General provisions

1.1. This Procedure is prepared based on the Civil Code of the Azerbaijan Republic and article 8-1 of the Law of the Azerbaijan Republic "About joint activities, consolidation, department and liquidation of municipalities" (further - the Law) and establishes procedure for activities and numerical structure of the commission created for the solution of questions of property, financial and other questions connected with consolidation, department and liquidation of municipalities.

1.2. For the solution of questions of property, the financial and other questions connected with consolidation, department and liquidation of municipalities the resolution of the Cabinet of Ministers of the Azerbaijan Republic the commission is created.

1.3. The commission includes local representatives of the Ministry of Justice of the Azerbaijan Republic, the Ministry of Finance of the Azerbaijan Republic, the State committee on property questions of the Azerbaijan Republic, on one representative from the corresponding local executive body and members of municipality (including from the members united, separated and the liquidated municipalities, and also the municipalities separated structure of one municipality of territorial unit and included in structure of other municipality).

1.4. The commission is effective on a voluntary basis and submits the report on the done work to the Cabinet of Ministers of the Azerbaijan Republic.

1.5. The representative of the Ministry of Justice of the Azerbaijan Republic presides in the commission.

1.6. The specific structure of the commission created on the place according to Item 1.2 of this Procedure affirms within 15 days from the date of pronouncement by the Cabinet of Ministers of the Azerbaijan Republic of the relevant resolution by the Ministry of Justice of the Azerbaijan Republic based on the offers specified in Item

1.3 state bodies and municipalities.

1.7. Powers of the commission are considered complete after submission of the corresponding report on property clearance which resulted from consolidation, department and liquidation of municipalities, to the relevant municipality or its transfer to the order to the State Committee on property questions of the Azerbaijan Republic.

2. Procedure for activities of the Commission

2.1. The commission performs the activities by means of meetings. The commission has the right to resolve the issues relating to its powers with participation on commission sessions at least two thirds of her members. The commission is considered started the activities from the date of completion of the first meeting. Decisions of the commission are made by a simple majority vote her members participating at meeting. In vote each member of the commission has one voice. In case of equality of votes, the voice of the commission chairman is decisive. Decisions of the commission are signed by all members of the commission participating in meeting. Discordant with the decision of the member of the commission can put to the decision the personal opinion by mark near the signature.

2.2. When merging municipalities separate inventories of their property based on the decision passed by the commission are constituted. The described property according to the procedure of legal succession is given according to the decision of the commission to again arisen municipality, and pass all rights (obligations) connected with this property to this municipality.

2.3. Under department (separation) of municipalities by the commission the inventory of its property is constituted. The described property according to the decision of the commission based on the separation balance sheet and the act is given to again arisen municipalities, and in case of department of municipality from structure of one municipality of territorial unit and its inclusion in structure of other municipality, - is given to this municipality, and pass all rights (obligations) connected with this property to these municipalities.

2.4. If the property and the rights (obligation) of the municipality liquidated according to part 2 of article 8 of the Law within the settlement excluded as territorial unit from the State register of territorial units and attached to other territorial unit (the city, the settlement, the village) in which territorial borders there is municipality connected with it pass according to the procedure of legal succession to the relevant municipality, based on the decision of the commission the inventory of property of municipality is constituted and the described property based on the act is given to the relevant municipality.

2.5. If the property of the municipality stopping the existence by liquidation based on the law is transferred to the order of the State committee on property questions of the Azerbaijan Republic, the commission makes the decision on creation of the inventory of property of municipality and publishes data on procedure and terms of promotion of requirements of creditors. This term cannot constitute less than two months from the date of the publication of data on liquidation of municipality. The commission takes measures for identification of creditors and receipt of debit debt, and also sends to creditors the notice on liquidation of municipality.

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