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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of November 8, 1999 No. 174

About some regulatory legal acts relating to the field of forestry

(as amended on 30-08-2018)

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 compensation to forest users of damage in connection with withdrawal of lands of forest fund" and "Procedure for the organization and carrying out obligatory certification of the wood released on root and minor forest resources" (are applied).

2. Add to "The list of products which safety shall be ensured", No. approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic "About application of step-by-step certification of products (works, services)" of July 1, 1993 343, of the word:

"The wood released on root and minor forest resources".

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

Prime Minister of the Azerbaijan Republic

A. Rasi-Zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of November 8, 1999 No. 174

Procedure for compensation to forest users of damage in connection with withdrawal of lands of forest fund

1. This Procedure establishes rules of compensation of damage caused to legal entities and physical persons irrespective of legal form and pattern of ownership which are granted the right to use the site of forest fund (further to forest users), in connection with withdrawal of lands of forest fund.

2. The earth of forest fund, allocated to forest users based on the agreement, the logging ticket, the order or the forest ticket, can be withdrawn in connection with forest management (rational use, protection, protection and recovery of the wood, and also the lands which are not covered with the wood of forest fund), transfer of lands of forest fund to lands not forest for the purposes which are not connected with use of forest fund and in connection with the state need for lands of forest fund.

Withdrawal of lands of forest fund for the state needs is regulated by the Law of the Azerbaijan Republic "About withdrawal of lands for the state needs.

3. For establishment of damage caused to the forest user in connection with withdrawal of lands of forest fund, the Ministry of Ecology and Natural Resources of the Azerbaijan Republic based on the relevant resolution of the Cabinet of Ministers of the Azerbaijan Republic creates in 10-day time the commission in structure:

director of local forestry;

representative of local body of the Ministry of Finance;

representative of local body of the State committee on property questions;

representative of local executive body.

In case of transfer of lands of forest fund to lands of not forest fund (in case of construction of water networks, pipelines, roads, electric lines, etc.) the commissions the representative of physical persons and legal entities which will use these lands is included.

4. The commission, having carried out within a month on places necessary survey with the assistance of the corresponding forest user and based on the documents submitted by it (agreements, the logging ticket, the order, the forest ticket, documents on the incured costs for forest landings, plantations, cultivation of saplings, orchards and nurseries, data on construction in connection with forest utilization on lands of forest fund of different type of temporary residential and economic constructions, etc.), establishes damage caused to the forest user and draws up about it the statement in triplicate (the sample is applied). When signing this document makes sure seal of local executive body.

The commission represents one copy of the act to local executive body, the second copy - to the corresponding forest user, and third - to the Ministry of Ecology and Natural Resources of the Azerbaijan Republic.

If members of the commission did not come to consensus, the reference concerning disagreements is attached to the drawn-up statement.

5. The Ministry of Ecology and Natural Resources of the Azerbaijan Republic based on the act of the commission makes the relevant decision in a month and depending on the purposes of withdrawal of lands of forest fund pays to the forest user damage from the following sources:

in case of withdrawal of lands of forest fund in connection with forest management - by fund of protection and reproduction of the woods;

in case of transfer of lands of forest fund to lands not forest for the purposes which are not connected with use of forest fund - physical persons and legal entities which will use these lands, at the expense of the cost counted and paid on the basis of the cadastral price of these lands with the corresponding forestry;

In case of disagreement with the act of the commission the Ministry of Ecology and Natural Resources of the Azerbaijan Republic shall inform officially on it the forest user and relevant organ of the local executive authority.

6. In case of disagreement with the drawn-up statement on compensation to forest users of damage in connection with withdrawal of lands of forest fund or the decision of the Ministry of Ecology and Natural Resources of the Azerbaijan Republic passed about it the forest user can address with the claim administratively or to the relevant court.

Appendix

to the Procedure for compensation to forest users of damage in connection with withdrawal of lands of forest fund

                                Образец

The act of the commission on compensation to forest users of damage in connection with withdrawal of lands of forest fund


"___" ________________ 1999 год
____________________________
(район, город)
Состав комиссии:
руководитель предприятия местного лесного хозяйства;
представитель местного органа Министерства финансов;
представитель местного органа Государственного комитета по имущественным вопросам;
представитель местного органа исполнительной власти.
При переводе земель лесного фонда в нелесные земли (при
строительстве водяных сетей, трубопроводов, дорог, электрических линий
и др.) представителем физических и юридических лиц, которые будут
использовать эти земли, при участии лесопользователя _________________
_____________________________________________________________________,
(фамилия, имя, отчество)
проживающего по адресу _______________________________________

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