Agreement between the Government of the Russian Federation and Government of the Azerbaijan Republic on regulation of process of resettlement and protection of the rights of immigrants

of July 3, 1997

The government of the Russian Federation and the Government of the Azerbaijan Republic which are hereinafter referred to as by the Parties:

being guided by the principles containing in the main documents of the UN on human rights, provisions of the Helsinki Final act

proceeding from the aspiration to determine procedure and conditions of resettlement of persons, and also cross liabilities of the Parties on rendering to them assistance in resettlement,

agreed as follows:

Article 1

This agreement extends to persons moving from the Russian Federation to the Azerbaijan Republic and from Azerbaijani the Republic to the Russian Federation.

Application of this agreement to each particular person is single.

The parties recognize inadmissible any compulsion of persons to resettlement.

Article 2

The terms applied in this agreement have the following value:

"Immigrant" - the person who is voluntarily leaving the state of the permanent residence and moving to the permanent residence on the territory of the state of the nationality.

"The member of the family of the immigrant" - the spouse (spouse), disabled parents, minor children, and also other family members living together with the immigrant and conducting with him general economy.

"The state of departure" - the state of former permanent residence.

"The state of entrance" - the state of new permanent residence".

Article 3

This agreement is not applied to:

a) to refugees and displaced persons;

b) the worker - to migrants;

c) to the persons condemned for making of crimes and who are in places of detention;

d) to persons whose departure infringes on interests of safety of the state of departure before cancellation of the circumstances interfering departure;

e) to persons whose departure is postponed until execution by them of obligations to the state, cooperative, public or other organizations and organizations, individuals;

e) to persons which are temporarily in the territory of the state in connection with study, private and business travels;

g) to the military personnel who is on active duty and members of their families;

h) to persons moving independently without resettlement quotas.

Article 4

Permission to moving is provided to immigrants by the state of entrance according to provisions of this agreement and its legislation.

Article 5

Immigrants and members of their families have the right to free and free obtaining from migratory services of the Parties of the following information:

a) about contents of this agreement;

b) about resettlement conditions;

c) about the rights and obligations of immigrants in the state of entrance;

d) about conditions of receipt of paid activities, possibility of education, professional training, retraining, career guidance, and also other conditions of accommodation (climatic, domestic, welfare and others) in the state of entrance.

Article 6

Immigrants and members of their families have the right:

a) export from the state of departure all personal estate declared before departure which is in their personal property, except for the objects prohibited to export by the legislation of the state of departure;

b) sell or dispose of the property which is their personal property;

c) transfer the money deposits and assets placed in bank institutions of the state of departure to bank institutions of the state of entrance according to the procedure established by the special agreement between the Central Bank of the Russian Federation and National Bank of the Azerbaijan Republic;

d) leave the personal and real estate belonging to them on the property rights, money deposits and assets in the territory of the state of departure, to perform right of possession, uses and orders in their relation.

Personal and real estate cannot be alienated by the authorities of the state of departure based on the fact that his owner is the person who is constantly living outside the state or not being the citizen of the state of departure.

Article 7

The parties are recognized for immigrants - the members of housing, building, country, garage and construction cooperatives, garden and gardening partnership or other cooperative who completely brought the share for the apartment, the dacha, the garden house, garage, other room or structure provided to them in use, the property right to this property.

In case of sale to other physical person or legal entity or other order by the house, the dacha, garden lodge or other structure, right to use by the parcel of land passes in full to the new owner.

Article 8

The property right of immigrants is performed by them in full.

Civil disputes concerning the property which is in the territory of the state of departure between immigrants, members of their families, on the one hand, and interested persons, on the other hand, are solved judicially on the territories of the state of departure and according to its legislation and this agreement.

The competent authorities of the state of entrance recognize the decisions of the courts of the state of departure which took legal effect on the specified disputes, including for the purposes of execution in the territory of the state of entrance.

Article 9

The parties provide protection of immigrants and members of their families the from any actions restraining from the right, honor and advantage in the territory of the state.

Article 10

The parties provide on mutual basis release of immigrants and members of their families from import restrictions and export of the personal property, except for the objects prohibited to export by the law of the state of departure and to import by the law of the state of entrance, customs duties, taxes and the charges connected with it.

The exported money and the transferred money deposits and assets are exempted from charges and duties, except for those which represent service fee on transfer.

Article 11

The state of departure renders assistance to immigrants and members of their families in sale or other form of the order by housing and other property which is in their property.

The state of departure renders assistance to immigrants and members of their families in acquisition of tickets, and also allocation of containers for transportation of personal property to the state of entrance.

The state of entrance renders assistance to immigrants and members of their families in lease, acquisition and construction of housing.

The parties do not interfere with the exchange of housing between immigrants made according to the procedure established by the legislation of both states.

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