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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of May 24, 2017 No. 1418

About approval "Regulations on the Preferential Housing system

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

1. Approve "The regulations on the Preferential Housing system (are applied).

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

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

2.2. 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 report on the President of the Azerbaijan Republic;

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

2.4. resolve other issues following from this Decree.

3. To provide to the Ministry of Justice of the Azerbaijan Republic coordination of regulatory legal acts of the central executive bodies and acts of normative nature with this Decree and to report on the Cabinet of Ministers of the Azerbaijan Republic.

4. To the state agency of housing construction in case of the President of the Azerbaijan Republic to resolve the issues following from this Decree.

President of the Azerbaijan Republic
Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of May 24, 2017 No. 1418

Regulations on the Preferential Housing system

1. General provisions

1.1. This Provision is prepared according to the Presidential decree of the Azerbaijan Republic "About some questions connected with activities of the State agency of housing construction in case of the President of the Azerbaijan Republic" of November 16, 2016 No. 1113 and "The regulations on the Elektronnoye Pravitelstvo portal approved by the Presidential decree of the Azerbaijan Republic of February 5, 2013 No. 813, and establishes the legal, organizational and technological basis of activities of the Preferential Housing system (further - electronic system) for the purpose of ensuring acquisition in preferential procedure for apartments, available the State agency of housing construction in case of the President of the Azerbaijan Republic.

1.2. The organization and development of activities of electronic system is provided with the administrator of electronic system (further - the Administrator) - the State agency of housing construction in case of the President of the Azerbaijan Republic (further - the Agency).

1.3. Activities of electronic system are provided with the operator of electronic system (further - the Operator) - MIDA Limited liability company.

1.4. The electronic system is created in the Elektronnoye Pravitelstvo portal (further - the portal) and integrated into it.

1.5. The electronic system serves for provision in centralized procedure for electronic services in the field of preferential acquisition by citizens of the Azerbaijan Republic of apartments, available the Agencies.

1.6. By means of electronic system are offered for sale of the apartment with preferential prices on the conditions established "By procedure for acquisition by citizens on favorable terms of apartments, which are at the disposal of the State Agency of housing construction in case of the President of the Azerbaijan Republic" (further - the Procedure), the approved Presidential decree of the Azerbaijan Republic of November 16, 2016 No. 1113. Apartments, available the investor who took based on the agreement signed with the Agency or MIDA Limited liability company, the obligation to build apartment buildings belong to these apartments and to sell to citizens of the apartment, the property right to which are registered by the state, including registered previously on preferential price on the conditions established according to the procedure for the purpose of satisfaction in preferential procedure for requirement of the Agency, MIDA Limited liability company, and also citizens in living space.

1.7. Sale of apartments, available the Agencies and MIDA Limited liability companies, is performed by MIDA Limited liability company. Apartments, available the investor, are implemented by the investor.

1.8. Expenses of electronic system on content, activities and development are financed by the funds allocated from the government budget and also by own means of the Agency and other sources which are not forbidden by the law.

2. Basic concepts

2.1. The concepts used in this Provision have the following values:

2.1.1. participants of electronic system - state bodies and structures, legal entities, and also the participating operators who joined the portal of information systems and resources, participating in exchange of information by means of the portal or electronic system;

2.1.2. users of electronic system - persons who addressed for preferential acquisition of apartments, available the Agencies including the applicants provided according to the procedure;

2.1.3. the participating operator - the investors who took based on the agreement signed with the Agency or MIDA Limited liability company, the obligation to build apartment buildings and to sell to citizens of the apartment, the property right to which are registered by the state, including registered previously on preferential price on the conditions established according to the procedure for the purpose of satisfaction in preferential procedure for requirement of MIDA Limited liability company, and also citizens in living space;

2.1.4. electronic office - the individual electronic page provided based on the decision of MIDA Limited liability company to users for whom the right to acquire apartments according to Procedure is established in preferential procedure, allowing to enter electronic system only with the certificate of the strengthened digital signature of the user of electronic system, with passing of authentication in the portal and providing acquaintance and receipt by the user of the information about itself created in this electronic system and also its interrelation with participants of system;

2.1.5. housing - the living space (areas) sold on preferential price on the conditions established according to the procedure;

2.1.6. persons having the right to preferential acquisition of apartments - persons provided in Item 3.2 "Procedure for provision of mortgage loan, including soft mortgage loan at the expense of means of the Mortgage Fund of Azerbaijan Open joint stock company approved by the Presidential decree of the Azerbaijan Republic of June 22, 2016 No. 940.

2.2. Other concepts used in this Provision express the values provided according to the procedure and regulatory legal acts in the sphere of mortgage lending.

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