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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of October 17, 1998 No. 214

About procedure for leasing of lands for forest fund

(as amended on 10-05-2017)

Due to the execution of the Presidential decree of the Azerbaijan Republic of March 30, 1998 No. 693 "About application of the Forest code of the Azerbaijan Republic approved by the Law of the Azerbaijan Republic of December 30, 1997" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for leasing of lands for forest fund" it (is applied).

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

Prime Minister of the Azerbaijan Republic
Artur Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 17, 1998, No. 214

Procedure for leasing of lands for forest fund

1. This Procedure regulates leasing to forest users - physical persons and legal entities (further - to lessees) lands of forest fund.

2. Leasing of lands of forest fund is performed by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic in the conditions of openness, taking into account interests of the population living in the corresponding territory.

3. The forest and not forest lands which are not covered with forest vegetation can be handed over to the lessee to destination for the purpose of recovery of the woods on the basis of the agreement by term from one to forty nine years.

4. For obtaining in lease of lands of forest fund the lessee shall file petition in the Ministry of Ecology and Natural Resources of the Azerbaijan Republic. In case of consideration of the application the benefit is provided to exempts.

The surname, name, middle name, the address of the lessee, the claimed place of lands of forest fund are specified in the statement.

The submitted statement is adopted, registered in the special book, is considered by the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, and in the absence of the basis for refusal no later than one month from the date of registration the lease agreement is signed with the lessee.

The lease agreement is constituted in triplicate from which two copies are left respectively in the Ministry of Ecology and Natural Resources of the Azerbaijan Republic and in the relevant local organ of forestry, and the third copy is transferred to the lessee.

The lease right above the ground according to the agreement undergoes state registration in the state real estate register according to the procedure established by the legislation.

In case of consideration of the application the Ministry of Ecology and Natural Resources of the Azerbaijan Republic assumes as a basis the opinion and conditions shown by local authorities of forestry on case in point.

In case of not conclusion of the lease agreement the official explanation with indication of the reasons is made to the lessee.

5. In the lease agreement are specified:

* borders of the site leased (the location, forest area, the quarter, the sector);

* amount of work (sizes);

* lease term;

* the size of the leased site (in hectares);

* amount of lease payment and procedure for its payment;

* obligations of the parties on protection, protection, recovery of the leased site and responsibility for it;

* other conditions provided by the forest legislation of the Azerbaijan Republic and approved by the parties.

6. The forest values (products) received on the basis of the lease agreement of lands of forest fund are property of the lessee.

7. In case of death of the physical person which is the lessee, the leasehold interest belonging to it can pass to other persons according to the procedure, established by the legislation.

By reorganization of the legal entity - the lessee the lease agreement belonging to him is passed to the newly created legal entity according to the procedure, established by the existing legislation.

8. Delivery of lands of forest fund in the sublease is forbidden.

9. The right of lease of lands of forest fund can be limited or stopped by the decision of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic in cases:

* violations by the lessee of requirements of the forest legislation of the Azerbaijan Republic;

* violations by the lessee of provisions of the lease;

* emergence of need of ensuring effective use, protection, protection and recovery of lands of forest fund, defense of the country and safety of the state, public health care, environment, historical and cultural and natural heritage, rights and legitimate interests of physical persons.

In case of elimination of the circumstances and conditions which are the reason of restriction or termination of right to use by lands of forest fund, this right is recovered in full.

The lessee in case of disagreement with the decision on restriction and the termination of its right to use by lands of forest fund in accordance with the established procedure can appeal it in court.

10. In case of the official declaration of the lessee about disclaimer of use of lands of forest fund, completion of term of the lease agreement, the activities termination, and also in the cases and procedure provided by the Forest code and other legal acts of the Azerbaijan Republic, the Ministry of Ecology and Natural Resources of the Azerbaijan Republic cancels its right to use by lands of forest fund.

11. The Ministry of Ecology and Natural Resources of the Azerbaijan Republic can cancel right to use by lands of forest fund without fail only in cases:

* violations by the lessee of the forest legislation of the Azerbaijan Republic;

* emergence of the accidents, natural disasters and other similar cases creating emergency state;

* failures to pay by the lessee payments for lease of lands of forest fund at the scheduled time;

* violations by the lessee of the conditions provided in the lease agreement;

* non-compliance with fire safety regulations by the lessee.

The lessee is officially notified on the termination of its right of lease of lands of forest fund.

12. The form of the lease agreement is developed and affirms the Ministry of Ecology and Natural Resources of the Azerbaijan Republic.

13. In the cases which are not provided by this Procedure regulations of the civil and land legislation on leasing of lands of forest fund are applied.

 

 

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