PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of November 16, 2016 No. 1113

About some questions connected with activities of the State agency of housing construction in case of the President of the Azerbaijan Republic

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, I decide:

1. Approve "The procedure for acquisition by citizens on favorable terms of the apartments which are at the disposal of the State agency on housing construction in case of the President of the Azerbaijan Republic" (is applied).

2. "The procedure for acquisition by citizens on favorable terms the apartments which are at the disposal of the State agency on housing construction in case of the President of the Azerbaijan Republic approved by part of 1 this Decree becomes effective along with the Provision of the Preferential Housing system provided in Item 9.1 of this Decree.

3. For the purpose of acquisition by citizens on favorable terms of the apartments which are at the disposal of the State agency on housing construction in case of the President of the Azerbaijan Republic (further - the Agency), on the Elektronnoye Pravitelstvo portal to create the Preferential Housing system and to apply it since May 1, 2017.

4. The Preferential Housing system according to the Procedure approved by 1 part of this Decree in connection with acquisition of housing on favorable terms shall provide the following:

4.1. availability of information on conditions and the list of the documents required for acquisition on favorable terms apartments;

4.2. registration in real time the electronic address of person wishing to acquire on favorable terms housing;

4.3. receipt of information necessary for acquisition on favorable terms housing and provided in subitems 6.2.1-6.2.4 of this Decree;

4.4. conducting by Society registration of persons, single and open for the public, who handled the acquisition purpose on favorable terms

4.5. creation of electronic office for person who handled the acquisition purpose on favorable terms of housing.

5. The organization and development of the Preferential Housing system the Agency, ensuring activities performs MIDA Limited liability company.

6. To the ministry of transport, communication and high technologies of the Azerbaijan Republic:

6.1. provide integration of the Preferential Housing system into the Elektronnoye Pravitelstvo portal and possibility of data transmission from information systems of the relevant government institutions in this system;

6.2. provide by means of the Preferential Housing system of the Agency receipt of the following data which are in information systems of the relevant government institutions required for acquisition on preferential foundations of the apartments which are at the disposal:

6.2.1. data on the document confirming the personality of person, the person interested to acquire the apartment on favorable terms;

6.2.2. data on the marriage certficate (or about annulment of marriage) person wishing to acquire the apartment on favorable terms;

6.2.3. the data confirming place of employment of person (the joint debtor), the person interested to acquire the apartment on favorable terms;

6.2.4. persons this about family composition, wishing to acquire the apartment on favorable terms;

6.3. render assistance to the Agency and Society in the organization and ensuring activities of system of "Preferential housing".

7. Charge to the Ministry of Internal Affairs, the Ministry of Defence, the Ministry of Justice, the Ministry of youth and sport, the Ministry of Labour and Social Protection of the population, the State committee on cases of refugees and displaced persons, the State committee on property questions and the legal entity of the public law to the State examination center rendering assistance to the Agency in the organization of activities of the Preferential Housing system.

8. Determine that:

8.1. Requirements of the Procedure approved by part of 1 this Decree also extend to the housing offered for sale on preferential prices on the conditions established by the specified Procedure, which is at the disposal of MIDA Limited liability company, including the investor who undertook the obligation of construction of mnogokvratirny buildings based on the contract signed with the Agency or MIDA Limited liability company and sales to citizens of housing on preferential prices on the conditions established by the specified Procedure for the purpose of satisfaction of need of citizens for residential sites in preferential procedure.

8.2. Except as specified replacements of housing according to the Procedure approved by part of 1 this Decree, acquisition by citizens on favorable terms of the apartments which are at the disposal of the Agency, MIDA Limited liability company, and also the investor who undertook the obligation of construction of mnogokvratirny buildings based on the contract signed with the Agency or MIDA Limited liability company for the purpose of satisfaction of need of citizens for residential sites, state registration of the property right, including sale to citizens of previously registered apartments on the conditions established by the Procedure approved by part of 1 this Decree it is allowed only provided that restraints on alienation of the apartment for the three-year term, encumbrance of this apartment by mortgage for the purpose of providing other obligations will be provided in the relevant agreement, except as specified encumbrances by mortgage for its acquisition for the credit account, and also on renting an apartment or for rent for three-year term.

9. To the Cabinet of Ministers of the Azerbaijan Republic:

9.1. to prepare and provide to three-months time to the President of the Azerbaijan Republic the project of the Provision of the Preferential Housing system;

9.2. take measures for registration of the restriction provided in part 8 of this Decree, in the state real estate register at the expense of means of the government budget;

9.3. at the beginning of each financial year to approve with the President of the Azerbaijan Republic part of the funds of Azerbaijani Mortgage Fund Open joint stock company allocated for acquisition by citizens on favorable terms of the apartments which are at the disposal of Society;

9.4. to prepare and provide to three-months time to the President of the Azerbaijan Republic offers on coordination of acts of the President of the Azerbaijan Republic with this Decree;

9.5. in three-months time to provide coordination of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic with this Decree and to provide to the President of the Azerbaijan Republic;

9.6. check coordination of regulatory legal acts of the central executive bodies with this Decree and in five-months time to report on the President of the Azerbaijan Republic on execution.

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