Azerbaijan Land Law of 10/91

1992

1exts provided. by:

U.S. Department of Commerce, Office of General Counsel

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...--_-..~,-­,J

Distributed by and in cooperation, tith:

NTISU.S. DEPARTMENT OFCOMMERCETechnology AdministrationNational Tectlnicallnforrnation ServiceSpringfield. VA 22161 (703) 487-46SO

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AZERBAIJAN

RePUbliC LaJld La" PubUshed

Text of La", Part One925D0267A Baku BAK!NSKIY RA.BOCHIY in Russian1:1 FIb f):1 pp 1-3

(Law~ by the Supreme Soviet of the AzerbaijanRepublic m Baku on 9 November 1991 and signed by A.Mutalibov, president oflhe Azerbaijan Republic: "LandCede of the AzcrbaijlUl Republic"]

[Text] SECIlON ONE. GENEIlAL PROVISIONS

1TnE I. Balk ProYisloDl

Ardde I. Uad l.eIislldoa of the Azerbaijaa RepabUe

The land legislation of the Azerbaijan Republic consistsof the preserat Code, laws of the Azerbaijan Republic,ukases of me i)re$ident of \he A1erbaiian R~ub~ic ~ l1ddecrees of the Cabinet of Ministen of the Aze~j.nRepublic.

Aldde 1. PIrpoIe of the Lad Code of tile Azerbaijan__bile

The Land Code of the Azerbaijan Republic, tOietberwith the other leaWativc enactmenu based on it. rqu­IaleS land relations on the territory of the Azerbaijan~CJ?u~lic and is aiD;1cd ~t p~te;ctinl the land ~gbts ofmdiVlduals, enterpnses, IDStIWUOns. and orpmzations,at creation of conditions for optimum land usc andconservation, at restoration and improvement of soilfenility, at preservation and improvement of the envi­ronment, at optimum development of varied forms ofeconomic aetivitJ on the land 1hrou&h \kie 'mtroduetionofdiverse forms ofland ownership, and ,t stmIIthenir:tgleplity in the area of regulation of land relations.

.ArtkI. 3. II.eeUadoB 01R...tt-. ~Inl tfIo Mbdna.ForestI. ... Water ud Rel·dnet Perta1DiDa to the U..... COIIHmldoa ef Flora IDlI F..... the MaD-Madeud. Nu.nlI.ndlCl~... lite AJr

Relations conccrniDa m.in.ing, forests, and water, rela­tions in the use and conservation of fl~ra and fauna, tbeman~made and natural landscape, and the air are regu­lated by specifk IqislAtiOD of the Azerbaiji.U Republic.

Ardde •• Lull OwDerIllIp aDd Ita Forms

Di~ fotm1 0{ \and. O'Wt\tnhil)--lta.\C. -pri'Vate, and.collective--are rccop.ized in the AzerbAijan Republic.and their equal development is auarantced by legislation.

Development of all fOl'DU of pinfuJ. land \IX i3 ~r­

mitted and protected--kolkbozes, sovkhozes, peasantfarms. other farms, u well u cooperatives and associa­tioos.

The followiDI may be landownen: thc iJtlltc­represented by the Azerbaijan Republic, individuals,

kolkhozes. and the collectives of other agricultural coop­eratives and joint stock companies.

ArtIcle 5. The UDifted Land Stock of the AzerbaijanRepoblie uclils Composidon

~ unified laM. '!o\OC1.. <:If me ~etbai.~at\ Reoublic ism.adll!' up of all tbe land located within iu limits.

The land of the Azerbaijan Republic is classified into thefollowing categories according to its purpose:

I) land for farming;

2) land in settlements (cities, towns, and rural commu­nities);

J) land to meet the needs of industry, transpcrtation,communicaticns, defense, ADd other purposes;

4} land for natural conservation, for health and recre­atioa, and for historical and cultural purposes;

S)~{m{~:

6} land occupied by water resources:

7) land reserve.

ArtIcle 6. Tnufer of I...ud From One Catepry 10Aaotber

Should there be a chan&e in its basic purpose, land istransferred from one category to another by the bodiesww(;h IllIIi.C dccisiom to grant land or take it away.

Article 7. DIs..idoa or Laud

Land in the Azerbaijan Republic is under jurisdiction of:Krricu ofpeople" deputies, which d.i3POX ofland withinthe limits of their powers.

In the cases specified by law, but with the exception ofland traeU envisaged in Article 20, Point J, of this Code,soviet:; of peoplc's deputies make laIId panu for privat~

ownenhip, for possession, use, and leasing to individ­uals, kolkbozes, sovthozes, and other state, cooperative.public, and qricultural enterprises, institutions, andorganizations, as well as to other juridical persons.

Soviets of people's deputies may U3II5fer to an appro­priate executive qency eenai.n powen to grant and takeaway land pertainin& to areas under their jurisdiction.

The soviet ofpeoflll!'" dl!putie! fonn!l. a land rommi"-'innto deliberate land issues and on:vare decisions COJl­cerning them.

Ankle 8. Spedal Uad Stock or Rayoa aDd at)' Scm.etJof PeopK'. DcpId:Iu aDd Prvccd1lrC I... FOftIIiIaIIt

For the purpose ofca.rryiq out the lJlnd reform. a specialland stock of rayon and city soviets of people's deputiesis created from plots of land beina used inefficientJy bykolkho:l!et, sovkhoze5, and other aJrieultural and nona­gricultural enterprises, institutions, and orpnizations

(with the exception of forestland, the land of winter and)l,)mmCf p6St~ f'O&e1'V&\iOln, and preserves), ~ .....dlll3

land tracts On which the right of individuals to privateownership, possession, and use has been terminated.

Artkk 9. State I..aD4i Oowllersblp

All land on the territory of the republic is pan of the staleland propeny of the Azerbaijan Republic except landgranted to the ownerstUp of other entities through theprocedure estabhshed hy this Code.

Land which is state proptrt)l may be convcytd \0 coiiec­tive and private ownennip, rna'j begranted for posses­sion and use, and may be leased by rayon and city sovietsnf people's deputies within the limits of their powers.

Article 10. Prtnte~ OwllersJUp

Land is gnmted to the private ownenhip of citizens ofthe I\%.erbaijan Repl1tlliC resil11D1 permanently in theAze~jan Republic at the behest of local governmentexecutive agencies and by decision of rayon and citysoviets of people's deputies for the following purposes:

I) for private construction ofa uwclliu8 aud outbuildingsand also for private subsidiary farming (homesteadplou)-for those who reside pen:nmently in that juris­diction;

2) (or a peaMul (private) farm or other CCODOn'liC aetiv­ity-for the pUJl)O$tof producina agricultural productsfor the market;

3) for iftdiYiduaJ and collective prdening and for con­structioa of an individUAl p.rqc within a city (taWtl};

4) for structures related 10 business activity;

5) for the practice of traditional folk industries.

Land may also be transferred to the private ownersbip ofindividuals for other purposts in conformity with legis­lation of the Azerbaijan Republic,

AttkIe 11. CoaclitiOdS GonndJla tile nuder of L&Ildto Pri.... OwDenlllp

Land for the pUJ"POSCS indicated in Ankle I0 of thisCode is transferred to private owaenhip gratis.

Plou of 1aDd for yards. individual housing, individualgardens, and construction of individual garages, whichindividuals are leeaJly using before this Code takeseffect, pass to their private ownermip.

Plots of land art not transferred to the ownership nor tothe inheritable possession {or life of foreign naturalpersons nor foreign juridical penons.

Plot!. of I_d are not returned to their previous ownersand their hem. They may obtain ownen.hip to plots oflaPd all the grounds envi.sa&edby the present Code.

Article I Z. Acquisidon of Owaenhip and Sale of Plots~{ UJ1d

Transfer of the right of ownership to plots of land is doneby rayon and city soviets of people's dep\ltles where theplots of land are Located. The sale or other alienation ofDlotsof land ifanted 10 private ownership for productionof agricultural products for the market is all~wed al.lheend of five years from acquisition of the plot In question.This fiVt-yeM period does not extend to plots of landtransferred to the private ownership of individuals foryards. indivirlual housiaa, individual gardens, and con­sCItJctioa of iadividlUl ganBe3.

When plots of land granted to individuals as privateowners are sold. given away, or alienated in some othermanner. plots of land may again be granted to themgatis. after 1SyeaM.. When an i.ndlvidual.di~, \l\,-~1b\ ofownership to land is transferred by IDhentanceaccording to the procedure established by law.

J..rtid. 1 ~_ Pnueuion of Land

Plots ofland for fannin&. timbering, and fishing may beganted to tbe permanent possession of kol~ou:s,

scvkhczes, small ent~fl)rises, leskbo~ .assooatlons.ioint stock companies, and other cooperative and stateagricultural enterprises, institutions, and organizations.

The land of koikhozes., ~'1khozes, small enterprises,joint stock companies, and other cooperative and ~tateagricultural enterprises, institutions, and orgamzauonsmay by deciSlon ot the iCneral assemblies uC theirCOllective, approved by the appropriate rayon or Cttysoviet of people's deputies, be transferred to the mem­bers of these collectives as their collective joint propertyOrcolleenve shared 'Property.

The specific share of an individual (member of a farm,including pensioners who previously worked in agricul­ture and persons workinv. in. roral areas in. the fteld (){social welfare) in land that i:s COllectively owned isdetermined by calculating the average parcel of land thatexists 00 the farm,

Identification ofa specificallotment ofland is permittedin accordance with the procedure established by thisCode,aceompaDied by lbe indivtduars declaJ'atioD \.halhe wisbes to engage in fanning independently.

Article 14. PermadUl Use of Plots or Ladd

"Pctu\4U~nt IJX of \&Ad" meaJ\l. =e iO'J aJlo \Ddeful,\teperiod (perm.anently) or when a period has not beenestablished in advance. I..and is granted for permanentuse by rayon and city soviets of people's deputies tokolkhozes. sovlmozes, cooperatives, to industrial, trans­portauoa, anel otner enterprises, 10 in.stitutiQ.lls, Qrpn.i­zatioos, associations, joint stock cOmpanies, scientificresearch instiluti01U, to miliW"f and ~l.iIi.ouso~

nons, to joint enterprises in which republic and foreignjuridical persons participate, and to international ass0­ciations and organizatiOns for pertormanee of U1e taskSassiped to them.

In cases envisaged by legislation of the AzerbaijanRepublic, plots of land may be granted for permanentuse to other juridical and natura! persons.

Article IS. Temporary Use: of Plots of Laod

Temporary UK of lull may be snon-term-e-less thanthree years-and long-term-s-up to 10 yean. Winter andsummer pastures for transaumance sheepherding maybegranted for use to kolkhozes, scvkaczes, peasant farms,and other acricultural enterprises for a period up to ISyean. Should production needs 50 require, these periodsmay be extended, but only by the length of the originalperiod of use.

These terms are extended by the authorities that grantthe use 01 the land tracts.

Land is granted for temponry use to individuals,kolkhozes, sovkhozes, cooperatives, peasant (private)farms, enterprises, institutions, and organizations ;"..,rfannin&. for conducnng project surveys and temporaryconstruction operations, it may be leased to them, and itmay be granted to them for gardening, raising hay, thepasturing of livestock, and in the form ofland allotmentsthat 10 with employment,

Landholders and permanent land usen may turn overtheir land to individuals, enterprises, institutions, andorganizations for temporary use on the basis of a con­tract registered with the appropriate rayon or city sovietof people's deputies.

Article 16. Leulaa of Lud

PIou of land may be leased to indiViduals, kolkhozes,sovkhozes, peasant farms, and other cooperative, state,and public enterprises, institutions, and organizations,to joint ventures in which republic and foreign juridicalpersons participate, international associations and orga­nizations, and also to fomp states, international orga­nizations, and foreign juridical and natural persons.

AJ1ide 17. ProcecIaft aDd CoadJtiaas PertalaiItI to theI a ... ofLud

Land tracu (summer and winter pasture tracts, with theexception of forestland) are leased by the appropriaterayon and city soviet of people's deputies.

Kolkhozes, sovkhozcs, and other state and cooperativeagricultural enterprises may lease land to individualworkers throuBb the procedure of internal land useorpnization on the farm. The terms of the lease aredetermmed by agreement between the parties and arc setdown in a contract.

An individual who owns land may lease that land onlyfor the period of his temporary disability, call-up intoactive military service, or time spent abroad on officialtravel.

Shou.ld plots of land be inherited by children who havenot reached majority age, that land may be leased undersupervision of rayon or city soviets of people's deputiesuntil the heir comes of age.

The amount of rent is fixed in the contract, but itsmaximum level must not exceed the land tax on the plotof land being leased.

Should the lessee die before the lease expires, the right tolease the plot of land passes to one of his heirs,

The basic conditicns pertaining to the lC43ingof11 plot ofland are determined by this Code and by the Law onLeasing of the Azerbaijan Republic and are specificallystated in the lease, which is recorded by the appropriaterayon or city soviet of people's deputies.

Article 18. Lessee's Prefmace

The lessee bas preference to renew the land lease when itexpires.

Article 19. Chaaae 01 OwDenhJp of lased Lud

Plots of land !>ting leased may be transferred to theownership of the lesseesfor creation of peasant (private)farms by the appropriate rayon or city soviet of people'sdeputies, with consent of the parties.

Tm...E Il, CompeteBce of the CablDet of Mhlisten oftile Aurbaiju RepaItl1c; the CtbiDef: 01 MiDilten of tb.

Nakhkben.a AIItDaOIIlOaI Republk, and Rayon andCity So'rim of People's Deputies In RepIatiq Land

ReladODS

Article 20. Compcl.eDcc or the Cabiact of Mlaistcl':l ofthe AurMijaD Republic In Rcpladna LaDd RelatioDS

The following an: subject to the jurisdiction of theCabinet of Ministen of the Azerbaijan Republic inregulatinlLand relations:

1) disposition of land within the limits of the republic forinterrepublic (intergovemmental) and republic purposeswith consent of rayon and city soviets of people's depu­ties and also with consent of landownen. landholders.and land users;

2) drafting of proposals for improvement of land legis­lation of the Azerbaijan Republic;

3) condemnation and gRIlling of valuable farmland(pastures. drained and irripted land. perennial planta­tions), suburban Jften areas, the land of experimentalplots of scientific research and educational institutions.fmt-attelory forestland, especially fertile land with ahi&h c:adaster assessment, and also land on which pro­tected natural features and historical and cultural mon­uments are located-for purposes of the state and publicpurposes;

4) dtstnbution of tracts of summer and Winter pasturesamong rayons;

5) establishment of the procedure for land tax paymentand land taX exemption;

6) jointly with. rayon and city sovteu of people's depu­ties, tt;te drafting and performance of comprehensivereP':l~hc programs for ~ptunum land use, to improve soilfertility, for con~t.Ion of land resources, and othernatural conservation meaaures;

7) orpnization of monitoring of land usc and landconservation;

8) orunization ,of land usc regulation, the keepinB of thestate Land Repster, and land monitorina;

9) protection of the rights of landowners, landholders,land users, and lessees.

Article 21. Competeace of the CabiDet of MiDlsters oftheN~A__~~~~m~LaDd ReJadOlll

Disposition ofland for republic and interrayon PUJ1]Osesfalls in the jurisdiction of the Cabinet of Ministen of theNakhicbevan Autonomous Republic in reautatina landre.lations, within the limits of the autonomous republic,~th consent of rayon and city sovieu of people's depu­t1et,landOWller1, landbolders, and land useR. in keepingwith Aniele 20, Points 3, 4, S, 6. 7,8, and 9, of this Code.

Article 22.Co-pet:eaee of Rayoa aDd. Oty SerieQ; ofPeople', Depada ia llepIat1q Laad 1leladoIII

~e foU?wU1& are subject to the jurisdiction ofrayon andctty lOVlets of people's deputies in rqulatina land rela­tions within their administrative and territorial limits:

I) punti.DS of plots ofland to owncn, bolden, UJCtS. andlessees in ac::cordance with the procedure established bythis Code;

2) rqistnltion of ~d ownership rights, landholdinanpts, and laad use riabtl and ofeon~ pet1ainiDs tothe srantina of plots of land for tem.ponry use and theleasinl of land;

3) OrpnizatiOD of the kcepina of the Land Rqister,

4) reaulation of the production of the principal product~n land located Oil: their territory and at their disposi­tion;

5) orpn.i.zation of the dnftin& and performance of themaster plan of the settlement, layout and developmentplans, and land use and manqement plans;

6) collection of the clwp (tax) on land;

7) ~dannatioD of plou of 1.aDd for the; Deeds of the;state and public purposes under Article 27 of this CodeincludiDa the purchase or mandatory purchase of landfrom its owner;

8) dnUUn& and &approval cf pt'OFI%m for land COruervD­

tion and improvement;

9) organization of expert environmental evaluation ofthe operation of enterprises and economic establish­ments using land, IDe haltiur, U( ccnsu uction oCprojectswhich have not gone through expert environmentalevaluation, and decisionmaking concerning their recon­struction;

10) exercise: of state supervision over land use andconservation;

II) institution of administrative charges against juridicalor natural persons guilty of violation of legislation onland conSCTVauonj

12) protection of the righu of landowners, landholders,land users, and lessees;

13)settlement of land disputes,

Local government executive agencies intercede withrayon or city soviets of people's deputies to grant landfor ownership, possession, use, and leasing and alsoconcerning condemnation of land.

'ITnE m. Graatiq: o( Plots of Laad (or Ownership,­Pouessloa. Vie, ad Leu.ln:I and the Coademaatioa of

LaDd

ArtIcle 13. AAlpmnal ul Uod

Plots of land are assianed to individuals. enterprises, andorganizations for their ownership, possession. use, andleasing in accordance with land allocation procedure andsubject to dOCWDenti 00 land use and decisions of I'2yOQ

and city soviets of people's deputies.

The land allocation certificate indicates the purpose forwbich the plot of land is to be used.

The procedure for initiation and examination of a peti­tion for the arantina and condemnation ofa plot of land,including its condemnation for purposes of the state andpublic purposes, is established by the Cabinet of Minit­ters of the Azerbaijan Republic.

Applications of individuals for allocation of land areexamined within a period of no more than one month.

Article 24. Grutilll of LaDd for Aarladtani P1IrpoMs

Land suitable for the needs of agricult1U'C is I1Uted IS arule for qricu1tural production.

The suitability for qricultural purposes is determined00 the basis of the; informatioD in the 3Ul,te Land Rca­ister,

Artide 2S. Gra.... of Plots of Lud by EateprfRa,laIdtiltioal, ud OrpntDtIoM to Their Faployees

On the basis of a decision of the manqemcnt and thetrade union orpnization. enterprises, institutions, andorpnizations assip to their employees plots of land formarket aardenin&. raisina hay, and the plSturinl oflivestocl:;; with coD.lent of the appropnaw nayon and citysoviet of people's deputies.

Ankle 26. AsslllJUDellt of Plots of Lud forNanqftC"lllhmll~

Plotsofland unsuitable or not very suitable foragricultureare mainly granted for industrial construction and publicworts. for construction of railroads and hianways, forpower transmission and communications lines. for trunkpipelines. and also for other nonagricultural purposes.

Land included in state forestland, but not covered withforests or areas not suitable for the production of forestsis to be granted from state forestland for these purposes.

Industrial projects and transportation lines must belocated on farmland in such a way as not to createinconveniences for kolkhozes, sovkho~, and other agri­cultural enterprises and organizations in usc of theirremaining land

Mining legislation regulates the assianment of plots ofland for development On land which has minerals underthe surface.

Powertransmission and communications linesand otherutility lines are mainly to run alonpide roads, existinrlines, etc.

Llmd ,i, .ll1IUUlJm {U" DOna,ricu.lIW":lLl and nonforesJtYpurposes in two stqeS:

I) prior consent for location of the project (projectplanning);

2) formal granting of the land.

Ardde 27,CoademDadOll of Lud

In the cases set forth in this Code, land that is owned,possessed. used, and leased may be condemned by thebody that so granted it, with consent of the landowners,landholders, land users, and lessees,

If without good reason aD owner commits the actionsenvisqed by Article 32, Points 4, 6, and 7, oflhis Code, ona plot of land which is his private property, which wasJI'l.Dtcd for qric;ulnuaI production, and which he basunju.tifillbly left unutl'd, m. plot of land is subjKt tocoodemnation without payment of iu value by decision ofthe appropriate rayon or city soviet of people'$ deputies;

If these actions are committed by individuals wbo haveacqui~ the nwnrrdlip to land by purehQina it, bydecision of the appropriate rayon or city soviet ofpeople'sdeputies their plot ofland is subject to condem­nation by mandatory purchasc:, with payment of itsvalue.

Decisions of the rayon or city soviet of people'sdeputiescondemning land may be appealed in the courts.

Land as specified in Article 20, Point 3, of this Code isl"1'Jndemned by decree of the Cabinet of Ministers of theAzerbaijan Republic and the Cabinet of Ministers of theNakhichevan Autonomous Republic,

When land that is owned is condemned by court order,that Iud paues to the di5position of the c.pproprialcrayon or city soviet of people's deputies.

Article 28, PutlcipadoD of IDcUridaals in Deliben.donor Manen Related to the Gl1U\dq _eI CondemnatioQorLand

Individuals interested in deliberation of matters relatedtl) the granting and <:,.ondemrul.lion of land and affectingtheir interests have the right to participate in theirconsideration.

In 1"..:lI~ lltTectinl the interests of individuals and worYcollectives the decisions of rayon and city soviets ofpeople's deputies on the granting and condemnation ofland are to take their opinions into account.

Ardde 29. Exen:Ue of die Kiaht of Ownership to Lutd,Landholdiq RJaba.. Laad Use Rights, aDd l.euin&RJabts to LaDcl

The rigb.t ofownersllip co land, tile rignt of land posses­sion, the right of land use, and the right to lease land,granted by the appropriate rayon and city soviet ofpeople's deputies to individuals. enterprises, institu­tions, and orpnizatiou., t&kc3 effect after land we:authorities cstablisb the boundaries of the plot on thesite (physically) and wben they formalize and deliver theappropriate documents.

Article 30. Doaunent CeJ'1ifyiq the Rlpt of Owuenhipto 1...a.Dd., the Ript or Poueuioa, aad the Rilht ofPermmeat V Ie of LaDd

The right of ownership to land, the ri&ht of possession,and the right of permanent use ofland are certified by astate document issued by rayon and city soviets ofpeople's deputies.

The fonn of the state document is to be determined bythe Cabinet of Ministen of the Azerbaijan Republic.

Article 31. Form.llz-doa of the Ri&ht of TeaaponryLaDd Vse

The right of t~pnn.ry hmd use (includina land beinaleased) is formalized in a contract and a certificate.These documents are recistered by the rayon and citysoviet of people's deputies and are issued to the landuser. The fonn of the contract and certificate is to be setforth by the cabinet of MiDistcn of the AZerbaijanRepublic.

TITLE rv. Cesudon of the Right of Ownenhlp toLand. of the Illahl of Possession and Use of Land. andorthe IU&ht To I..ease Land

Ardde J:Z. GroaDdI for C"UdOD of the Ria;bt ofOwDenhip to Laod, the Ript or POIHSSioD ud Use ofLaacl, aDd. the RJaht To Lease I.and

Rayon and city ~ets of people's deputies which haveIJ'3..Dted the right of ownership 10 a plot of land or somepart ofit. the right ofland possession and land use, or theleasing of land terminate these rights in the following~

1) voluntary refusal of the plot ofland or its alienation bythe land's owner,

2) expiration of the period for which the plot of land waspnted;

3) termination of the activity of the enterprise, institu­tion, organization, or peasant (private) farm:

4) UK of lao\! fur other than the specified purpose;

5) termination of employment relations which wererelevant to allocation of the land. except in the casesenvisaa;ed by laW;

6) nonperformance of the terms of the lease;

1) failure to pay the land tax or rent established by landlegislation of the republic and the lease for a period oftwo successive yean without good cause:

8) failure to use for a period of one year a plot of landgranted for agricultural production or a period of twosuccessive years if the land was granted for nonagricul­tural oroduction;

9) the need to condemn plots ofland for the needs oftbestate or public purposes;

10) transfer of the right of ownership to structures andiD51allatiomi or the right of their operauonal llllWql:­

ment;

II) death of the landholder or user.

LesWation of the AzerbaijllD R.epublic may al~ enviuSl"other around! for cessation of the right of ownership,possession. and use of land and the leasing of land.

Ardde 33. TermlMtloa; of the IUaht of aD IDdhiduJ.'sFriTaIe OwuenhIp of I.-d '

The right of an individual's private ownenhip of a plotof land or some pan of it is terminated in the followingcues:

I) in case ofthe death of the landowner when he does nothave heirs;

2) wben the land is alienated;

3) in cue of condemnation or mandatory purchase ofland for needs of the state or public purposes;

4) when land is confiscated.

When the land of individuals who have acquired theright of ownership to land by purchase is condemned orsubject to mandatory purchase for the needs of the stateor public purposes, the value of the plot of land is fullypaid at prices current at the time of its purchase, and thecost is charged to the institution. enterprise, organiza­tion. or appropriate rayon or city soviet of people'sdeputies for whose benefit the land is being purchased.

Individuals who have acquired the right of ownership toland gratis are not compensated the value of a plot ofland subject to mandatory purchase, but are grantedanother plot of land equal in size and quality to the plotof land condemned for purposes of the state or publicpurposes.

When a plot of land is confiscated. its value and expen­ditures to improve its condition are not compensated.

Article 34. Traasfer of the RiRht of OnenbJp to • Plotof Land In ColIDtdtOIl With 1l'1Ul5fer of the Ript ofOwnenhip of • StnIc:ture or lnstaUation

When the right ofownenbip to a structure nr installationis transferred, the ript of ownership to the plot of landis transferred together with that structure or installation.

When the right ofownership of a structure or installationpU!ia to several indiYid~, the right of ownership ofthe plot of land is transferred according to the portion oftheir right of ownership to the structure or installation.

When the right of ownership to a dwelling in a ruralcommunity passc1: by inheritance to hem wac do nOI

have the ript to acquire Land under the procedureestablished by law, those persons, and also individualsresidinl permanently in cities and towns and acquiring adwellina in a rural community for seasonal or temporaryresidence, acquire the right of ownership to the plot ofland adjoining the dwellina, together with the plot ofland on which the dwelling is located, just as is the casewith individuals who have their own borne in a rurallocality.

Article 35. ReteDdOD of the Rlpt of PossessloD of LandIIIIdLaad UN Wha. StnIc:Iare is Destroyed by FIreor Natan1 D....teI'

When a structure iJ destroyed by fire or a naturaldisaster, the ri&bt of possession or use of the land isretained ifwithin two yean from the date of destructionwork: i!O !01Jlrted to rebuild the previous structure or tobuild a new one on that plot of land. Cases when tbelayout and development plan of the settlement envisagesdifferent use of that plot of land constitute an exception,

In these CUC3, llDoU11tr plot of land is pnted in accor­dance with the procedure established by this Code.

Article .)6. Procedare for CessadOIl of the Ript ofOwnersb.iP to Lmcl. the RJpt of Land Posst:tsion andL.aad U~, .1Id th"" Right To r..-... I...aDd

In the case envisaged in Article 32, Point 5, of this Code,the right to use land is terminated by the management ofthe enterprise, institution, or organization, and In otherc.:L~ indicated in that article the right nf ownership toland, the right of land possession, and the right of landuse and other rights are terminated by the rayon or citysoviet of people's deputies.

The rigbt nf nwnl':"hip In land, the right to POS!l'eU anduse land, and the right to lease it are terminated from thedate ofthe decision by the rayon or city soviet of people'sdeputies, but if the possessor, user, or lessee voluntarilyrenounces the land or a portion of it-from the date theyfile the declaration to that effect.

In the cases envisaged by Article 32, Points 4, 6, 7, and&, of \hi!. Code, the decision to terminate the ri~t ofownership to land, the right of land possession and laz.dUK, and the riabt to lease land ~ made if stCp3 have Dotbeen tUen after notification of the need to correc.shortcornings within a specified period of time.

In case of termination of the right of land ownership,land ~on, land \lX, and the h~asinl of land, in aproceeding in wbich interested orp.niz.ations participaterayon and city soviets of people's deputies make thedecision to reimburse the landowners, landholders, landusers, and lessees for their expenditures to improve theland or reimburse them for loss incurred as a result ofinefficient usc of the land.

The decisi.ons of n.yon and cit) soviets of people'sdeputies to terminate the landowner's, landholder's,land user's, or lessee's right to land may be appealed inthe courts.

AJtide 37. Circuutaaees To Be Taba lato AttOIUIt illCouectioa With TermiDatioa or tile JUpt orOwDenhip to LaacL tbe Rlpt of I..aDd P......lo.. udthe Rlpt of Laad U.

Termination of the right of ownership to laad, the rightof land ~UD, !Wd lbe light of bwd U.K does nutdeprive landowners, holders. or USCB, includinglessces,of their ript to ptber the harvest. nor does it relievethem of the duty to pay the \and \a1 and preserve thequality of the land.

rrnz V. Use o( Lud (or SaneyiDa

ArtIdc 38. R1p.t o(Ea~ Iudtado.... _dOrpntlltiou To Coad-=c Saneyl

Enterprises, institutions, and orpnizations doing geodesicsurveys Md aeological prospectinJ surveys and land man­apmcnt won: for the Land R.etPster, aDd other studies aDdsurve)'1 conduct those operstions on tntets of land without

taking them away from the landowners. landholders, per­manent users, and lessees, on lhe basis of contracts con­eluded betwe-en the panies ....hich are regis~~dw1lh T'lIIyonand city soviets of people's deputies.

The permit to conduct surveys, with the exception ofland management and Land Register operations, isissued for a period up to one year on the basis of excerptsfrom the plans of those operations and documentedapplications by rayon and city soviets of people's depu­ties within the limits of their authority.

The contract concluded by the landowner. landholder,land user, or lessee states the day when work begins, theplace where it is to be conducted. the amount of paymentfor use of the land, the commitment to reimburse the lossincurred for the original purpose of the land, as well asother terms and conditions.

Ardcle 39. CommitmeDts of Enterprises, hlStitadOIlS,.MOTpaUa~C~~

Ent~ri~. institutions, and organizations conductingsurveys must at their own expense put the land in acondition suitable for use for its original purpose antireturn it, certified by a document drafted by the parties,by the date fixed in the contract to the landowners,liLDdholdcn. land~ orI~.

Land is put in a suitable stale during the surveyingperiod. If this cannot be done in the surveying period,the land is put in a suitable state no later than one monthfollowing completion of the &urveyinl-

Failure to meet these requirements exposes the offender 10administrative liability in accordance with the Code of theAzerbaijan Republic on Administrative Violations.

Enterprises, institutions, and organizations pay land­owners, landholders, land users, and lessees the entireland taX and rent and also any lost income and damageresulting from the conduct of surveys,

TITLE VI. Laad Tax and Rent

Atdde 40. Charp 'or IADd

T..and use in the Aterbaijan Republic is subiect to com­pensation. The c~ on land is collected annually inthe fonn of the land tax or rent in accordance with wequali.ty and &eOf,tllObic location of the parcel.

Artide ·n. Land Tu

The land tax is collected:

from individuals, kolkhozcs, sovkbozes, peasant (pri­vate) farms, state, cooperative, and public enterprises,institutions, and organization&, joint ventures in whichjuridical persons represeotil1l other slates panicipate,associations and orpnizations. and foreign juridical andnatural persons fer land granted to them as their privateproperty, for pnit-'U'5.Sion, nr fnr ~ent or tempor.aryuse.

Collection procedure and rates of the tax are fixed inlegislation of the Azerbaijan Republic.

Article 42. Rest

Individuals. kolkhozes, sovkhozes, other state, coopera­tive, and public enterprises, institutions, and organiza­tions. joint ventures in which juridical persons repre­sen ting other states participate, internationalassociations and organizations, and also foreign statesand foreign juridical and natural persons pay rent onland granted them for temoorarv use.

The amount of the rent is fixed in the COntract concludedbetween tbe parties.

Leasing arrangements are regulated by the relevant leg­tstanon of the AZerbaijan Republic.

Article 43. Use of Land Remaaes

A portion of the revenues paid for land goes into theaccounts of rayon and citY sovieu of people's deputies.and the remainder into the accounts of a special stateland authority envisaged by Article 95 of this Code.

These funds are used to restore soil fertility, for irrigationand dJ-a.i..o.qc. for reculuvauon, lO bri..oa new laud unueragricultural production, to prevent soilerosion,to conductoperations related to the state Land Rqister and moni­loring, for operations related to land use management andscientific research, and also the inventorying of land andland conservation.

The distribution of the total amount of revenues for landis established by legislation of the Azerbaijan Republicand the Nakhicbevan Autonomous Republic.

AJ1icle ..... CompetelKe of the CablDet of Ministers ofthe Az.erbaiju, Repgblic aDd IJae Cabiaet of MiDi,ten ofIJae NaIdalcbmua AIIItoaoaIoaa RepgbUc With Respect toLud Tax Beeefttl

The Cabinet of Ministers of the Azerbaijan Republic andthe Cabinet of Ministen of the Nakhicbevan Autono­mous Republic have the rilbt to exempt landowners,landholders, and land users fully or partially for aspecified period of time from payment! for land, theymay extend payment deadlines.and they may reduce therate of the land tax.

Article 45. Cues of ExemDdoa From the Lud CIwRe

Enterprises, institutions, and orpnizations receiving forpermanent use land occupied by reserves, national anddendrological parks, and botanical gardens are exemptedfrom the clwJe on land.

Ardde ~.lIeDefltll'ertaiDia&to CoUec:doa ofPaymmtl OD Lud

Preserves and experimental farms of scientific researchinstitutions ana ed.ucationa11DStitutions, institutions inthe fields of culture. education, and health care, athletic

and physical education installations. and al~ enter­prises, institutions. and organizations engaged In tradi­tional folk industnes, as well as mdrviduals, may bepartially exempted from the land tax according to aprocedure established by the Cabinet of Ministers of theAzerbaijan Republic and by decision of the appropriaterayon or city soviet of people's deputies.

SEcnON mo. RIGHIS AND OBUGAnONS OFLANDOWNERS, LANDHOLDERS. LAND USERS,

AND LESSEES, PROTECTION ANDGUARANTEES OF THEIR RIGHI'S

Article 47. Rlpts of Landotmen and I..aDllholden

Landowners and landholders have the following rights:

I) to use land for the specified purpose;

2) to conduct economic activity independently on theland;

.n to possess the right of ownership of crops and plant­inp of api.cultural crops and the products produced.with the exception of prohibited plants;

4) to use timber, common minerals, and water resourcesthat exist on the tnlCt of land in accordance with estab­1isbed procedure and for the needs of their farm;

5) to obtain compensation for plots ofland temporarilywithdrawn from crop rotation by the state land authorityin connection with regeneration of lost soil fertility andfor other reasons;

6) to erect a dwellina (with the exception of land coo­veyed for peasant (private) farms), temporary utilitystructures., and installations for production purposes;

7) to use uncultivated pastures and hayfields;

8) in case of condemnation of the land or voluntaryrenunciation of the land parcel, to obtain reimbursementof expendiluree 10 improve soil fertility;

9) to conduct irription and drainage operations, to buildponds 8.Ilod other bodies of water in accordance withestablished procedure, land management plans. and therequiremenu of I1Rturlll conservation;

10) to convey use ofthe land to other persons in thecasesand according to the procedure envisaged by Articles 15,17.and 25 of this Code.

Individuals who own land may convey that land, pro­vided its specified purpose is preserved, under a decisionof the rayon or city soviet of people's deputies. to amember of their family residing permanently in tbeAzerbaijan Republic and ooeratina the farm jointly withthem.

Article 48. Rlahb of 1£Dd UIerS and Lessees

Land users and lessees have the following riihts:

I) to use land for its purpose;

2) to possess the ri&ht of ownership of the agriculturalproducts produced (with thf' f''Icl'''ptinn of prohibuedplants);

3) to use for economic purposes and in accordance withestablished procedure common minerals and waterresources that exist on the land tract;

4) to erect temporary utility structures and installationsfor production purposes consistent with the conditionsunder which the land was granted;

~) upon termination of use of the Land, to obtain reim­bursement of the value of land improvements done attheir own expense and compensation for lost gain;

6) to convey for temporary use a land tract or part of it,in the:cases and accun.LiD¥ La the procedure I;l1vi5alc:d bythe preac:nt Code and other legislation of the AzerbaijanRepublic.

MckIe 49. ObUpdoa or Laadowae.... Undbolders,u.en, aDlI Lessfts

Landowners, landholders, users, and lessees ba ve t.refoUowing obligations:

I) to U$e the land in keepina with its purpose and th~

conditions under which it was granted;

2) to use the land optimally. to use production technol­ogies that conform to natura.{ conservation, not to allowdelf'rint'1ltion of the environmental situation on the areaof their economic: activity;

3) to perform an interrelated set of measures for landconservation envisqed by Article 94 of this Code;

4) to pay the land tax or rent on the land punctually;

5) Dot to violate the n:,hts of landowners, landholders,land users, and lessees;

6) to saCquard boundary and survey rnarken on the tractof land;

7) to file information promptly on the state of land usewith the appropriate rayon or city soviet of people'sdepvti_ 6lI establimed by tq;Wation.

Intoertl'renee in the activity of landownen, I.ndholrl~,land users. and lessees by state. economic. and otherauthorities and Qrpnizations is prohibited (except incases when they break the law).

Violations of the rithlS oflandownen.landholders. landusers, and lessees are subject to redress according to theprocedure envisapd by lepsIation of the AzerbaijanRepublic. and loucs inflicted by violations of ripu aresubject to reimbursement in the full amount.

Disputes on reimbunement of losses are decided beforea roun or arbitration tribunal. Questions concerning

violation of nonproperty land rights are taken up in theapprnnriare rayon or city soviet of \'If'npll''''s deputies.

The rights of landowners. landholders, land users, andlessees may be restricted on behalf of other persons onlyby law and in the cases envisaged by this Code.

ArtIcle 51. Guuutees of the RiV;bts of Landowners,LaDdholders, Land Users, and lessees

Condemnation of tracts of land granted to individualsfor the needs of the state or public nurnoses is oerminedonly after rayon and city soviets of people's deputieshave allocated to them at their request a tract of landequivalent in size and quality to the tract of landcondemned for those purposes, after enterprises, institu­tions. 3.Dd Orga.nizatiODS for which the tract of land wastaken away have built at the new site housing, produc­tion buildings. and other structures in place of thosecondemned. and after reimbursement of all other lossesin their full amount.

The land of kolkhozes, sovkltozes. scientific resellt'Cb.institutions, and the farms of educational institutions.other state, cooperative. and public enterprises may becondemned for the needs of the state or public providinghousins, production buildinp, cmd other structures :In

built at their request to replace those condemned andprovided they are reimbursed all other losses in their fullamount.

SECTION TIUlEE. FARl\n..AND

TITLE vn, General PronsiODS

Article: St. Fann1and

"Farmland" means land granted for the purpose ofagriculture or intended for that purpose.

Art1dt 53. GraaUIII Of FlIl'IIl1U.d

Farmland is gnnted to the foUowing:

I) to citizens of the Azerbaijan Republic residing penna­nently on the territory of the A7f'rhaijan Rl"'flUhlk.-ln dopenonal subsidiary fanning. individual froitgrowlI1&melongrowing, vegetable: gardening. and livestock­nisin&;

2) to citizens of the Azerbaijan Republic residina perma­nently in the Aurbaijan Republic-for collective fruit­and melongrowing;

3) to citizens of the Azerbaijan Republic residing perma­nently in tbe Azerbaijan Republic. to kolkhozes.sovkbozes, peasant (private) farms, and other agricul~

tural, state, cooperative, and public enterprises andorganiz.ations-for the production of agricultural prod­ucts for the market:

4) to scientific research, educational, and other agricul­tural institutions, rural vocational and technical schools,

and aenenl public scboo\!'---for research and educa­tional purposes. 10 popularize progressive know-how,and for fanning;

5) to nonagricultural enterprises. institutions, and orga­nizations and to religious orpnizations-to carry onsubsidiary agriculture.

In the cases envisaged by legislation of the AzerbaijanRepublic, farmland may be granted to other organiza­tions and persons for farming.

11TLE vm. LaadholdlDa o( Kolkhozes, So,khoztS, andOther Aariadtanl EDterprisa. lDadhItJons. aDd

OrpDhatiou

Land is &ranted to the possession of kolkhozes,sovUIuZQ, cooperativea, and other a&Cicllltu.c&1 enter­prises and orpniutioD5 to produce qricultural prod­ucts for the market by decision of the rayon or city sovietof people's deputies. Kolkhozes, sovkhozes, and otherqricultural enterprises and organizations may take addi­tionaJ land for temporary use or on lease for productionpurposes,

Their land is marked off physically (on the ground) byboundary markers from the land of rural communities,towns and cities in accordance with the farm's internalplans for land management.

Article 55. RJpt o( Aariadtanl EaterDrises To RetainLaDdhoIdJDI RJahtJ When Dey Enter OtherAJsodadoas

Kolkhozes, sovlchozes, cooperatives, and other agricul­tural enterprises, institutions, and orpnizations retainthe right to possess land wben they join agriculturalassociations., Combines, agrofirms, and other organiza­tional structures.

Artkle 56. RiRbt of CoUectnes to • TrKt of LandWhen They WltIulnw From Kolkhoza uuI Sotkhozes

Collectives which are withdrawing from kolkhozes andsovkhozes that have not been achievina profitability inqricu1tural production, if they wish to create an agricul­tural cooperative, are puled plots of land from the landthey previoUJIy cultivated on the kolkhoz or sovkhoz bydecision of rayon or city soviets of people's deputies sou tl'i _t the~ of ereUll'1.l ~ual eoaditil'in" for theconduct of economic activity.

The Cabinet of Ministers of the Azerbaijan Republicannually issues the list of kolkhozes and sovkhczeswweb have not been aclUevinl profitability in qricul..tural production.

SEmON FOUll. UNl> OWNERSHlP,LANDHOLDlNG, AND LAND USE

TITLE IX. Land for COUtnlcdOD of • nwellinl. (orPersonal Subsidiary Fuming and FruitpowiD&

Article 51. Plots of Land Gnoted Cor CUDatruct.lUD Q(.DwelUDI aad OatbaUdinp IDd Also To Carry OnSubsidiary Alriadtare

Plots of land for construction of a dwelling and outbuild­inBS and also to carry nn (uh!l.idiary agriculture aregranted 10 the ownership of individuals by rayon andcity soviets of people's deputies depending on tbe pre­vailing conditions and the capability of the land.

Article 58. Procedare (or lDheritance of Laad

Plots of land wbicb are owned are inherited by law or bybequest. The conditioes and procedure of the passage ofolots of land by inheritance are set forth in the CivilCode of the Azerbaijan Re9ublic and by lqislalion onmarriage and the family.

Article 59. Plots of I..ud for CoUectite and h ..UriduaiFndt:pow1Dl

Individuals Iivina: in cities. towns, and rural communi­ties who do not have plots of land for individual subsid­iary fanning and peasant (private) farming, upon repre­semauon uf the fruit"'ICowiDI partnership al1d bydecision of rayon and city soviets of people's deputies,w: granted IlIDts of \imd as. ~o\lect\"l'~ Il~ ~1'1

established membership shares.

The plot or land for colleeuve fruilsrowill.l is gnantedfrom the special land ,tock of the appropriate rayon orcity soviet of people's deputies.

The land of the fruit-arowing partnenhip consists of theland used in common and the land shares which an theproperty of the individual members of the association.

The land used in common consists of the land occupied byprotective zones, roads, O1her inmllauons arid nrucmres,

By decision of rayon and city soviets of people's depu­ties, the froit-growinl partnership ~ issued a documentcenifyinll the right of collective ownership of the entireland area, and the indiYiduai members ofthat partner­ship a documf"l1t (Ofttifytnlthe rilht of ownen.hip of thespecific land Ihart of each of them.

Land tracts granted for collective fruitgrowing are usedto arow fruit, berries,and. vqetablcs, for poultry-raising,and he!lceepiDL and also to build cortases and utilitybuildinp subject to the staD.dards established by legisla·tion of the Azerbaijan Republic. The procedure for theuse of land IJ:&Dted to a collective fruit..growing partner­ship and the Iepi status of such laJt,d are set fonh in arquJatioA adopted by the rayon or city soviet o(~ple'5deputies.

TITLE x.. Land Granted to Peuaat (Printe) Farms

Article 60. CoDd.ldoQS for Grantiall Plots of LaDd for aPeuut (Printe) Farm

Individuals who have declared a desire to operate apeasant (private) farm based on their own labor and thewort of members uf lhcit fa111ily are granted plUUi uflilndfor their private ownership and possession.

Individuals living in me area who have had at least threeyears' experience in farmwort: and who have the neces­sary occupational skil13 have preference in obtaining ..plot of land to operate a peasant (private) farm.

The size of plots of land for individuals operating apeasant (private) farm is determined by the rayon or citysoviet of ~plC:'3 dcpUUC3 upon rcprcxntation of localgovernment executive agencies so as to take into accountin each individual case the regional peculiarities, thespecia1iz.ation of the farm, and the capabilities of theland stock,

Plots of land of individuals operatiag a peasant (private)fann may not be subdivided.

The local lovemment executive qency's rejection of anapplication for allocation of a plot of land may beappealed by the individual to the appropriate rayon orcity soviet of people's deputies.

The decision of the rayon or city soviet of people'sdeputies ""Mini to grant a plot ofland may he al'lp6.IMin the courts,

Upon intercession of local government executive aaen­cies, a decision of rayon or city (under republic jurisdic­tion) soviets of people's deputies may a:rant plots oflandto employees ofkollchozes, sovkhozes, other state, coop­erative, and public apicultunl eDterprises, institutions,and orpnizations (excepting experimental, variety­testing, and seed-growing farms) which have not beencany1as OD production profitably, if those employeeswish to leave those farms and independently operate apeasant fann, with the consent of those collectives.

If the collectives of kolkhozes, SQvkhozes, and otherenterprises do Dot co~t to creation of the peuant(private) farm, the disputes are settled in the courts.

ArtIcle 61. RJpt oI1Dl1iYidDab 0IMlratbq: a Peuaat(Prime) F..... to AddJdoaal Lud

Individuals open.Una a peasant (private) farm may takeadditional land for temponry use or may lease it forproduction purposes.

TITl..E XI. PI... of Land Gn.ated tJo AvricuJtunJCooperatMs

Article 62. GrmtiDa or PJots or Lmd to Coopen.dnsfor the Prodac:tioa of AariculbInJ. Produc:tJ

An individual or group of individuals declaring a desireto create a cooperative farm for the production of

al'ultura.! products based on their own labor and labor0; em ben of their families are granted ownership,pos-ession, or use of plots of land on the basrs of landwitndrawn from the special land stock. by decision of theappropriate rayon or city soviet of people's deputies.

When cooperatives an: withdrawing from an agriculturalenterprise. they are granted plots of land. according to theprocedure and under the conditions envisaged by Arti­des 56 and 60 of this Code.

Article 63, Size of Laad Plots CraDted to Cooperad.."

The size of plots of land to be granted to agriculturalcooperatives for their use is established by the rayon orcity soviet of people's deputies upon representation oflocal government e'l:l'Mltiv~ agencies so as to take intoaccount the local conditions and the possibilities offeredby the land stock.

The land allocations of individual members of the coop­erative are not defined in the plot of land il1lDt~d to acooperative for possession or use.

ArtIcle 64. Pre(ereDCe of Apicaltural Cooperatives iaAcqairtlll a Plot of Lud

At the end of the life of a contract on temporary use ofplots of land granted to agricultural cooperatives. mem­bers of cooperauves have preference in renewing thatcontract.

When an agricuituraJ cooperative consists of members ofone family, it is permitted to create a peasant (private)farm from that cooperative according to the procedureestablished by legislation of the Azerbaijan Republic.

TITLE XII. Laad Use by ludividua1s

Artide 65. Plots of Land for Development of FolkIndustries and HandIcraft

Plots of land for development of folk industries andhandicraft are JI'&nted to individuals as owners, holders,users, or lessees by rayon or city soviets of people'sdeputies.

The size, the procedure for granting these plots of land,and the procedure for their use are established by rayonor city soviets of people's deputies granting these plots ofland so as to take into account the specific conditions.

Article66. Plots or Land for Indhidui and CoUecdTeGardening

Individuals who do not own or possess land may begranted plots ofland for gardening as temporary users oras lessees.

Plots of land for collective and individual gardening aregranted by decision of rayon and city soviets of people'sdeputies for a period not to exceed five yean from tneland at their disposition.

Kolkbozes. sovkhozes, otber agriculturaJ enterprises andorunizations may allocate these olots of land to theirworkers from land that they own. POssess, or are wing, inkeeping with tbe fann's internal land U5C plan. Penna­nent structures may not be built nor perennial plantsgrown on these plou,

In the necessary cases, temporary structures for indi­vidual or common use may be erected to store gardeningtools and for otlm' farminap~. When use of theplots ceases. temporary structures erected on them areremoved by the owners or at their expense, witbO\ltreimbursement of their value.

The size of the plot of land for individual and collectivegarde"inI is C1tIblUhed by rayoa or city soviets ofpeople's deputies depending on local conditions and onthe basis of consent ofthe kolkhozes, sovkhozes, or otheragricultural enterprises, institutions, and organizationsfurnishin, the land for the!ot PUIllO=.

Article 67. Plots of LaDd ror lWsiq lUy aDd PuturbtlUres10Ck

Individuals wbo own livestock are granted plots of land15 temporary users for raising bay and pasturing live­stod...

Plou of land for these purposes are allocated from theland under the jurisdiction. ownenhip, lXlYeW.On., and.use of rayon or city soviets of people's deputies.kolkboECS, sovldlozc, ADd other enterprises.

The land for raising bay and pasturing livestock issranted as follows;

I) land under jurisdiction of rayon and city 'lnvif'.t~ ~f

people's deputies-by their decision;

2) land of koJJchozes, sovkhozes, and other enterprises,institutions. and orp.nizations-by decision of the gen­eral assembly (assembly of deleutes) of members of thekolkhoz or general assembly of members of the workcollective. approved by the rayOn or cit)' soviet ofpeople's deputies:

3) land for industrial, transportation, or other OIU"D05e­with COl15eDt of land users, by decision of the rayon orcity soviet of people's deputies.

ArtIcle 61. LaDd AUotments Auodated WIlliEmployllleat

Land allotments associated with employment aresranted to employees in traDSPDnation. eommumca­ti0D:s, forest m~emellt, water management. andfWWlllUld hLWLwJ ~mC'nt orp.nizaUons, scien­nfic research institutions, as well as other sectors of theeconomy for the production of qricultural products.Land allotments usociated with emoloymcn.t are not~ted to landowners, landholders, land users, normdivullWs 1easiD& a plot of fannlaDd of rayon and citysoviets of people's deputies.

Land allotments associated with employm~nt are allo­cated from the land possessed and used by enterprises,institutions, and organizations.

Plots of land are allocated for this purpose by themanagement of those enterprises, in$titutions, and orga­nizations.

The limits on land allotments associated with employ­ment are set by rayon and city wviets of \leC9le'\deputies.

und allotments 41ssud.ll.ted with employment ..regnnted to workers for the entire time of their employ­ment. Ifthe worker is discharged or takes another job, ben:linquishes the riJ/J£ £0 use tlte land allotment associ­ated with bis employment, with the exception of thecases mdicated in tJ1U article.

If on an allotment associated with employment qricul­tural crops have been planted, the right to use theallotment ceases after the crop is harvested.

The right to use allotments associated with employmenti; retained by the (oUowin&:

l) by workers and employees who have been awardedold-qe or disabilitY peusioas--for life;

2) families of worken and employees called up for activemilitary service. assiped to jobs abroad., sent aW&1j tostudy, or elected to offic:e-for the entire time they areaway,

3) family members unable to worksurviving workers andemployees who have been killed in performance of theirofficial duties-for life, and children who are theirsurvivon-until they reach ma.lUri~.

Text III Law. PartTwo915OO267B Baku B.AJ(JNSKlY RABOCHIY in Russian13 Feb 92 pp 2·3

[Law passed by the Supreme Soviet of the AzerbaijanRepublic in Baku on 9 November 1991 and signed by A.Mutalibov, president of the Azerbaijan Republic: "LandCode of the A:l:erbaijlUll Republic"]

[Text) SECIlON FIVE. LAND OF SETTLEMENTS

rrnz xm. lADd. or Odes., To..... ud Ran.ICommallJd_

Article 69. LaDd of Cldea, TOWIll, aDd RanJCODllll1lllJties

All land within the residential limits of cities. towns. andrural communities is teCOIDized to be the land of thecity, town, or rural community and COmes under juris­diction of the respective rayon or city soviet of people's~m..~.

The limits of the city, town, or rural community areestablished and altered by the Supreme Soviet of the

Azerbaijan Republic and by the Supreme Mejlis of theNa.k..bict1CVllD AutVI1VIUUU:i Rcpublk.

Inclusion of land in the limits of the city, town, or ruralcommunity does not signify cessation of landowning,landholding, and land-using rights to that land.

Artide 70. ComPODalts of the Laad of Cities. Towns,aDd Ranl Communities

The land ofcities, towns, and rural communities consistsof the foUowi.n~

I) land for construction;

2) land for common use;

3) farmland and other land;

4) forestland of settlements;

S) land for purposes of natural conservation, bealth,rccrcaucc, and hutoriw and cultural monuments;

6) land of rail. water, and air transportation, trunkpipelines., mining, and other industries.

Anide 7J. I...tDd Use of CInes., Towas, aDd RPra1Commg.ldes

The b.nd. of cities. towns. and rural commUDitict is usedin accordance with their master plans. layout and devet­opIDCDt plana, aDd abo plana fot' land ux aDd develop­ment of their territory.

Muter plans of cities, towns, and rura1 communitiesdefine the main directions of use of the land of cities,towu, aDd nual oommunitiee fer COD5UUcUOD of indus­trial facilities, housin&, cultural and public service facil­itit$, and other ccastruction, lAd. for location and devel­opment of public recreation facilities. Layout anddevelopment plans prepared from the master plan deter-wiDc thc WIC uf 1and fur L1cvelupmcnl. '

AD area's land lJlIDIIeIDent plan determines the maindirections for use of land not to be developed and landtemporarily undeveloped.

The procedure for land m.an.qement, for the gnmtinaand withdrawal. of plots of land. and oonditions gov­erninl its use 00 the territory of cities, towns. and ruralcommunities is defiJ1ed by the prettJit Code and also bylepalatioD of the Azcrb&ijOll RCl'ublic aDd the Nakbich­evan Autonomous Republic.

ArtIde 12.C_LaadofClti... T...... UI4Jbasl Com....lda

The coDSlruction land of cities, towns, aod rural ccmmu­nities consists of developed areas and land envisaged forconstnIctiOD of bousiq, cultural and public service facili­ties, industrial plants, other installations, and buildings.

This land is Jt'IDted 10 entcTPriscs. institutions. andOrpnizatiODS for construction of housing, cultural and

public service facilities, industrial plants, other mstalla­ucue, <lI1d buildinp. <Ill well <Ill LV illl.liviuU41:> for cvu­struction and use of individual and collective residences.

The land of cities. towns. and rural communities isgranted for this purpose to landholders. land users, andlessees, and also. in tee appropriate cases. LVlandowners,in accordance with normative documents and projectplans and estimates approved by decision of the rayon orcity soviet of people's deputies.

Rayon and CItysoviets of people'S deputies may grant tostate, cooperative. and public enterprises and to institu­tions and organizations as land usersor lessees plots ofland from the Land under their jurisdiction together withstructures in the fotlowtna state:

1) incomplete-for completion of construction;

l) damqed-for restoration;

) allowing for addition of new stories;

4) allowing for addition of new winp. using the walls ofexisting structures;

S)small in size and value whose reconstruction as housesof iarler size and greater value is deemed economicallyfeasible;

6) Ic:avinl. uadeveloeed a portion of the plot of landwhich can be used to build additional structures techni­cally connected to the existing structures by a commonyard, common water supply, sewer system, centralheating.

If there is one structure on the plot of land that belongsto more thad ODe owner. or several structures belongingto different owners, then the plot ofland is deemed to bein common use of all owners of the structures.

It is not permitted to subdivide a plot ofland so that anypan of the plot or structure located 00 it is deprived ofutility services (power, sewer, water, irriptioo, etc.), norof an i.n4ependcnt pusqe or thoroughfare.

It is not permitted to develop a plot of land withoutbuildinp (Jara&e, stable. cattle shed, barn, cellar,storeroom, etc.) if this encroaches 00 the interests ofenterprises, institutions, organizations, or individualslivina in homg OD the ,pVCD plot of land.

A.rtkIc: 73. Lud for C08SlJW;dqa 01 Coopend.TeGarqes lit CIties, Towu. ..... Ibn.I COIDIIIIIIlities

Plots of land are IP'Uted to garage construction cooper.auves by the appropriate ;'1lyOD or city soviet of people'sdeputies for cooperative members to store their automo­biles and other vehicles,

Plots of land are ~ted for permanent use to garageccestrucuce cccperauves.

ArtIcle '4. Puaae 01 the RJRht of Land Ownership orI...luuIhoI4iaa: 1a CoaIMCdoa Wltb Puaa,c o( the Rlptof OwDenhip or UDd. Use of. StnIctart or Put o(Icfa Cities, TOWIll, aDd Raral Collllll1lD.ities

When the risht of ownenbip or usc of a structure orportion of it on the land of cities. towns, and ruralcommunities passes, so does the right of ownership oruse of the plot of land or portion of it.

When a structure located on the land of cities. towns,and rural communities~ from the 0IW'ntionlil mJln_aaemeot ofone state enterprise, institution, or organiza~lion to the operational. manaacment of another stateenterprise. institution, or orpnization. the right to usethe plot of land on which the structure is located PllSKSwith h.

Article 75. Gnuatial of Plots of Laad ill Cities. Towns.,ODd 1lDnI C........aIties ro.C-.e ODd ......d...Hftllllb..C~ud 'M IIIdIllinl Indl'f'id_1Guqes ad Also StnKtares Neceaary to5<lf.~

Plots of land are granted from the land reserve ofsettJcments for the followlnl purposes:

I) permanent use of bousinc construction cooperativesof individual buildeD-for construction of cooperativebomes;

2} permancut use of .llOUSiq COnstructiOD cooperativesof individual builders holdina the ri&ht of owncnhip totheir respective apartment-for construction of mul­tiunit residentialbuildinp;

3) pnvate owoersbJ.p of IDdiYldual buLiden.-for COD­struction of private homes.

Plots of land are aranted to coUectives of howina con­struction cooperatives 50 as to take into account theproximity of the enterprise, institution, or OrpnizatiODin which thecooperative iJcreated to thearea when: thehousina is to be buill

Plots of land are granted to housina: eonstruction coop­eratives in accordancewith their bylaws. after they havcbeen rqistered with rayon aDd city soviets of peoplc'sdeputies.

The size of the plot of land to be sranted to a howinaconstruction cooperative iJ established in each specificcase by the relevant rayon or city soviet of peoplc'sdeputies OD the basis of theapproved layout and devel­opment plan of each settlement and also constructionIt_ntbrrt.. and ntll"lJ

Citizens of the Azerbaijan Republic residina in settle­ments where individual housilq; construction is notpermitted are IJ'IDted private owncnhip of plou of landfrom the Iaftd ofcities,~, llDd rural eommunities forconstruction ofsiqle-unit residential buildinp with therilhu of private ownenhip.

The size of the plots of land to be granted for privatehousiol construction it establi&hed by the res~ive

rayon or city soviet of people's deputies as a function oflocal conditions and tbe availability of land.

The plots of land necessary for construction of indi­vidual prllge1. llnd structures for U'lf..emplnyment aregranted to individuals as their private property by rayonand city soviets of people's deputies.

Plou of land granted for the practice of self-employment~ gnmtM for ,hl" l"f'f"('1inn nf structures intended for theparticular type of activity.

Article 76. COIlUllOD-Use l.aDd io Cities, Towns, andRani CODUllanltielThe following represent the commons of cities, towns,and rural communities:

• squares, streets, passages, roads, shorelines:land U3Cd or cnvi-.ed for WIe \0 meet; =hur:al andeveryday needs of the public-parks, forest parks,boulevards, prdeos, reservoirs, stadiums, playingfields, etc.;

• land for municipal purposes (cemeteries, city unitarylanill11b, 1:\1,;.).

Common lands are If'llDted to enterprises. institutions,and orpnizations for temporary useto build commercialstalls, lciosks, shops, pavilions, etc.

ArtIcle 77. LaDd aDd Other Sites Wlthia the Limits orC1Ua. Towas. lUKI RanI CommaaJde. Are UMdforAptcal~ Pmpooa

Land within the limits uf cines, towns. and rural com­munities that is used for agricultural purposes is asfollo\\'!:

1) plowland, land occupied by perennial plantations,falluwl;lI.II.l, llulxria, 1fl:CW10IlXoI, bayficld.1, ADd pu­tures;

2) land used to extract common minerals, and otherpia<:<s.

The land of kolkbous. sovkhozca, peasant (private)farms, cooperatives, and other agricultural enterprises,institutions., and orpnizatiODJ, located within the limitsof a city, tOWD, or rura1 community, is thcir property orjol held or used by them.

Consumer and everyday service facilities and structuresand installationsfor production purposes maybe locatedon land included in thc master plans ofcities, towns, andrural CQlDJllunities with consent of the recpective- rayonor city soviet of people's deputies.

Inclusionof the land ofkol.tb.ozes, sovkhozes, and otheragricultural enterprises, institutions. or orpnizationswithin the limit!; nf _ sett]e,me,nt may entail _ chant!!! inthe size of kolkhoz yards and bomestead plou used bykolkhoz members, workers, employees, and spccia1isu of

these kolkhozes, sovkhozea, and other agricultural enter­prises, institutions, and organizations, and other indi­viduals, only in connection with realization of the settle­ment's layout and development plans.

The inclusion of plots of land within the limits of a city,town, or rural community doesnot entail terminauon oftbe rights of land ownersmp, landholding, and land useon thnse ~QU.,

Kolkhozes, sovkhozes, and other agricultural enter­prises. institutions, and organizations use the land foragricullW1l1 and. other purposes arantei1 them within thelimits of a city, town. or rural community in accordancewith their own plans for production of qricultura!products and for development of subsidiary enterprisesand other branches of their activity.

Ardc:Je 78. ForestJud ofSettlemeats

The forestland ofcities, towns, and rural communities isused to orpnize rest and recreation. to meet the culturalneeds of the population, and to protect the lUU apii:l,terosion by wind and water.

Article 79. I.ad. lor Nablnl Coasenatioa.. MecUc::a.I1t~Ub\1l.~ ~t\eIl, .,. H\mn\cU aJl41 Cnltal1llP1IrpoIeI

Land for natural conservation, health and rehabilitation.recreation., and historical and cultural purposes locatedon the territory ofcities, towns, and rural communities isincluded in their land.

Activity contradicting the specified purpose of this landis prohibited. and construction of any lcind is permittedon sucb land in accordance with a decision of the rayonor city soviet of people's deputies.

Artide SO.1.ad. lor RaIl, Water,... AirTransportatiol!, Tnmk PipeliDel, Mla1q, IDd OtberIDddlCriel

Legislation of the Azerbaijan Republic establishes theconditions aovemiD& IUe of plou; of land of rail. water,and air trmsponation, U'UD.k pipelines, minin&. andother industries allocated from the 1aDd of settlements.

Work to develop amenities and also to erect bousing,administrativc builitinp, cultural and everydl.y servicefacilities., and. other buildings, enterprises, and installa­tions on such land is subject to consent of rayon and citySOVIets of people's depuUes.

SEmON SIX. LAND FOR INDUSTRY,TRANSPORTATION, COMMUNICATIONS, ANDOTIIER PURPOSES

Ardde 81. LaDd for 1Ddatry. l'naportadoa,ColllllUbllcadoa&, IDd Otber~

Land IfaDted by the respective rayon and city soviet ofpeopln deputies for use or unc1er lease to nonagncuJ­tural enterprises and orpnizations to perform the wks

which are their responsibility are recognized to be theland for mdustrv, transportation. communications, andother purposes.

The size of plots of land granted for these: purposes isdetermined in accordance with the approved technicalstandards and project documentation, and the plots areallocated so as to take into account the order in which\h~ aft \() be o.eve\oped.

Enterprises. institutions. and organizations establishingprotected zones whose use is subject to a special regimemust display signs to thai effect on the boundaries of theprotected zones.

Landowners, Iandboldcn, and land users on whose ter­ritory protected zones have been established are notdeprived. of the respective ri&bl of land ownership,laodboldinJ, and land use. Landowners. landholders,and land users within protected zones must abide by therules established for those zones.

Landowners, landholden. and land users in .l:UDC$ wherethere is a toxic effect on the soil have the right to llDnualcompensation for the damaJe suffered as a result of the.harmful effect to aariculturtl production and forestryand also (or redJJ.cti.Oll of lOil fertility. b)' ellte.t'l;lcise\using the land, or they are entitled to estabhshment oftax benefits.

The failure to reimburse loss incurred by landowners..landholden. and land users in a protected zone -may beappealed in the courts.

Enterprises, institutions, and orpnizations in industry,transportation. communications, and other seeton of theeconomy may grant land they are not usina, by decisionof the rayon or city soviel uf people's depuues, fortcmporary use to individuals. kolkhozes, SDvkhozes. andother enterprises, institutions, and orpni.tatiol1S foragricultural purposes according to the procedure andunder the conditions to be established by legislation ofthe Azerbaijan Republic.

Ardcle 8'1.1..aINl for theNeea ofDef_

Land UUlterl under contract for location and activity ofmilitary units, institutions, toilitary educational institu­tions, enterprises, and orpnizations of the armed forces,border forces, intema.l forces. and railroad forces isproclaimed to be land for the needs of defense:.

The procedure for granting and takina away land for theneeds of defense is defmed by legislation of the Azerba­ijan Republic.

Plots of land granted for ccestruetion of military facili­ties, aloOl with establishment of protected, sanitarY. andprotective zones are assip-cd together with landadjoinins those zones, and compensation is paid forqricu1tural and forestry losses over its entire area.

Unused ploU or land for the needs of defense whi.ch. an:.suitable for agriculture, may with the consent of the

command of the military unit, by decision of the rayonor city snvir,t nf peoplr,', deputies, be turnl!'rl (\Vl!'r fortemporary use to kolkhous, sovkbozes, and other agri­cultural enterprises, cooperatives. and individuals.

FoUowina expiration of the tenn for useof plots of land,defense enterprises. institutions. and orpnizations mustat their own expense restore them to a state suitable fortheir previous stated purpose.

SECI10N SEVEN. LAND IN SUBURBAN ANDGIlEEN ZONES FOR NATUllAL

CONSERVATION. NAnJItAL PRFSERVES.REAL11I AND RECREATION. AND msrORICAL

ANDCULTUllAL PURPOSES

Article 83. !.aDd (. NatIIn1 Couenadoa

Land for the purpose of natural conservation includesthe land of preserves (except hunting preserves), pro­tected aDd prohibited spawnin& pounds, forest protec­tion belts, land il1ClUded in ttle !)'Stem of areas wherenature is beina protected. and also the land of naturalmonuments.

Limited economic activity is permitted on land fornatUI1ll eoaservaucn, and the rqime cs~bli.lhcU furthem. is enforced.

Water COoservatiOD zones bounded by wa.rnina markersare established alon, the shard of riven and bodies ofwaUL Plata of1&Dd of owncrs, holden., WCl3. and lC$1CC3located within the limitsof thesezoncs arc Dot subject tocondemnation. Use of these plots is subject to the regimeestablished for them.

The proc:cdurc: for u.JC of land for natural wucrvation isdeftned bY lqislation of the ~ja.raRepublic.

ArtIcle 84. Laad (or NabInl Pr_t.

ree land of preserves, monuments or nature, natural(national) and dendroloaica1 parb. and botanical pe­dens are classified u land for natuR1 preserves.

Plots of land duly assiaoed to departments for reservesanel wllhin whose limiu nallmll ft:alures aR loanedpossessiDI scientific and cultural value (typical and rarelandscapes. aroups of plants aDd livinl OrpniSIl1S,unique geolQlica1 rocb, plant and animal species. etc.)are recosnized u land of preserves. The land of reserves.tocetherwith all the typical and rare components of thenatural complexes iDherent in that landape zone, areset aside for preservation of their natural state and forthorough scientific study of the natural course of the~ and 'Phen.omena takina 'Place here and forprotection of nature.

Any activity dcs1ructive of the natural complexes ofreserves or creatina a threat to natura1 features of partic­ular value from the scientific or cultural standpoint isprohibited on the territory of reserves and also on theterritory of established protective zones adjoining them.

Land tracts whose natural and cultural landscapes possessparticular ecological, historical. and esthetic value arerecognized as the land of natural parks. Land tracts setaside for maintaining, study, and reproducing flora andfauna under artificial conditions and also for the effectivescientific, cultural, and economic use of the resources ofthat tlon. and fallna an- procl~iml'd land of dendrnlogicaland zoological parks and botanical gardens.

Land whose purpose is the protection, reestablishment.and growth of natural resources and also protecnon ofland$eapes and the general econornic balance of complexbiological. paleontological. hydrological. and geologicalfeatures is recognized as the land of preserves.

Tracts of land belonging to rare or typical monuments,and also those Vjlhlahll!' fmm the scientific, cultural. andrehabilitative standpoint (not including historical andcultural monumems), are recognized as me 'land ofnatural monuments.

Activity not ,uit:thl~ tn the stated purpose of land fornatural conservation is prohibited, When this land doesnot conform to the protected regime established for it. itis withdrawn from economic use in accordance .",;th·tbeproctdure envisqed by Anicle 51 of this Code.

The procedure and conditions governing use of land forthe purpose of natural conservation arc defined bylegislation of the Azerbaijan Republic concerning parks.botanical gardem, preserves. and natural monuments.

Article 8S. LaDd. (or Recaperadn Purposes

Land tracts possessing natural therapeutic facton­mineral sprinu. deeosits of curative muds. ete., favor­able {Ot orpni.zit\v. ~telletl.tiQU and tttatmt.nt 1St~­

nized as land for recuperative purposes.

Sanitary protection distrieu arc established in order toprotect the natural therapeutic factors at these spas.Within the limits of these districts. it is prohibited toconvey plots of land for ownership, use, or leasing toenterprises. institutions, and organizations wboseactivity is inCODlpatible with protection of the naturalt.ben~1,ltic charlleterm:iC$ IIInd favorable cnndirions forthe rest and recreation of the public.

The procedure governing theuseofland for recuperativepurposes is defined by legislation of the Azerbaijan"Republic and the Na1chieheVlln Autonnmnm. R"flublic_

Ardde 86. I..ud (or Recreadoa Purposes

Land intended and used to organize Iarte-scale recre­ation and tourism is recosnized as land for recreationpurposes.

Tracts of land wbere rest homes. boarding homes, sana·toriums, campgrounds. tourist centers, hunting andfishiol lodaes, permanent recuperative tourist centers,children's tourist stations, parks, forest parks, nature

trails. muked hiking paths, children's camps, and ath­letic C1!Imps aT?' included in this /'2tegnry of land,

Activityon lan.d for recreational purposes is prohibited ifit prevents its use for the stated PW'J'05e.

Ankle 87. LaDet or Histurial aDd Calmral MODameDQ

The land of historical and cultural parks, memorialparks, cemeteries,tombs, archeological monuments, andrare geoiOlica1 rocksare included under the category of1&od for ):W.torical and cultunl pwpox".

On land for historical and culturalP\lJ"pOSeS, any activitycontrary to their stated pUI'posc is prohibited,

The procedure for use of land for historical and culturalpurposes is defined by legislation of the AzerbaijanRepublic.

Ardde 88. Lud of s.barbaa. ad. Greea Zoftl

Lana outside the tit)' limits considered to be reserved forexpansion of the territory of the city and intended fmlocationand direction and installations neccsaary for thesocial amenities and normal operation of the urbaneconomy, and also i.:nd covered willi tbfl:SU,. forestparts, and other plantations punuiDI preventive pur­poses and the pu.rposc:s of public health and whicb serveas • place for the tnt and recreation of thc population,~ set aside by the appropriate rayon or city soviet ofpeoplc's deputies as the city's suburban and If'CeD. zones.

The land of suburban and areen zanca is used in aceor­dance with the approved layout plans for those zones.This land is subject to special protection, and it isprohibited to erect structures and installations on itwhich are incompatible with the public health andrecuperative functions and the PUfPOlC of orpnizinipublic rest and recreation.

When piou oflaDd are inclUded in a subutba.tl and greenzone, the rights of landowners, landholden, and landusersare preserved on that land.

The procedure for settina: uide suburban and greenzones and also for usc of the land of these zones Isdefined in lqislation afthe Azerbaijan Republic and theNakhichevan Autonomous Republic.

AJtidc 89. E-t:d"....cat 01 tile 8cMua4arica fJCProtected ..Sal....,. z.e.Protected and sanitary zones arc created around the landof reserves. recuperative toncs of settlements, streams,"prinp. homes of wati!t. hydrllwic enaineenna instaUa.lions and water intake installations, sources of supply ofdrinkingwater and of water for technical purposes.

The proc:edure and conditions 1OvenW1& the we of landof orotected and sanitarY zones and their size are deter­mined by lqislation of the Azerbaijan Republic andNakhichevu. Autonomous Republic.

SEC110N EICHT. LAND OF FORESTS,STREAMS AND BODIFS OF WATER. AND THE

LAND RFSERVE

Article 90. Land oi Forests

lAnd covered by foresta and abo land not covered. byforests, but judged to be necessary to forestry, is reeD,­nized as tbe land of the state forests.

The granting, condemnation, and use of land of forests is~blis.bed by this Code and olher legislation of theAzcrbaijan Republic. For thc purposes of afforestationof unforested and sparsely forested areas, to prevent theenlargement of ravines and gullies, for tbe plantation offorest protection belts. to create green zones aroundcuies and indlatlw centers, land fOT other purposes,above all, land of little Impcrtaace, low productivity,and unsuitable land, may be duly transferred to the landof the state forests.

The land of the S14k fo~ is used mainly for thepurpose of forest DWla&Cmeot and expansion of forestry(restoration of forests, tree-planting, and so on).

The land oftbe state forests is used for forestry byforestmano,ement ltuthorities and also by other state, cooper­ative, and public enterprises, institutions, and organiza­tions. which are assigned the land of the forests toperform their partieuJa.r tasks.

The land Qf the mte fo~ is used for pmduetinnpurposes and otber needs by enterprises, institutions.and orpnizations cuttin& timber in the forests or doingother wort (conmuctioo ofbuildinl5 ud other in$ta1Ja­tions, road- and l'3i1road-building, power transmissiontiIla, ADd 50 ou) in accordance with thc procedureestablishedby legislation.

Enterprises, institutions, organizations, and individualsusing land adjoioina the land of the state forests mustperform mcuW'C3 OD thc land punted for their use toprotect the forests from fire and other disasters.

ArtIcle 91. 1.AIId ofStnua &lid BodleI of Water

Land under bodies of water, streamS, lakes. canals, andSO on, glacien, hydraulic engineering structures, andother water rnanaaement installations, and also land 5Ctaide in zones aJOIli the banks of bodies of water,prot~ive 7nna, ete., i,. included in the land of streamsand other bodies of water.

The land of streams and other bodies of water is notgaoted for ownership or posses$ion.

Tbe land of streams and other bodles of water is grantedfor construction and operation of installations meetingthe needs of the public for drinking water, satisfying itscveryday recuperative and other needs, and also forwatcr manaaement, uricultural. industrial. fishin&. elec­tric power. transponation, and other needs of the stateand public purposes.

The procedure governing use of the land of streams andother i'lndies. o(water i!l. definM by th~ Water f:nde andother legislation of the Azerbaijan Republic.

.L.4uu pot VlUIteci for ownenhip, po~:qiQD, or perma­nent aIld long-term use is included in the land of the landreserve. It also includes land on which the ri&ht ofownership, possession, and use has been legally termi­nated.

Land In the land reserve is under the jurisdiction ofrayon and tity wviets of people's deputies.

The I,nd in ~his stock is granted to individuals,kolkhoas, $OvJc;hQUi&, other .nte:rpri..... i.oIthyUQlu,and orpnizations as owners, holders, users, and lessees,above all, for agrieultural P\Ul)Oses..

SECI10N NINE. 1lEIMllUllSEMENI OFDAMAGES,oN]) LOSSES OF AGRICULTUllALANI> FOREST PRODUcrs PRODUCTION TO

LANDOWNERS. LANllHOLDERS, LAND USERS,AND LESSEES

ArtIcle 93. Relmbiu..1IItIlt of I>uaqeI Related toCondelD.·... (M tor)' Purdwe) or TeaaponryQccoooI!oo. a( uad T aDd AJoo .. Udlllatloo a(!be RJshlia(~ Uodllolden, uad U.....aDdIaoee

Damqes and lost pin resulting from condemnation(mandatory pu.n:b&se) or temporary occupation of landparcels and also from Wnitation of the rights of land­owners, landholders, land users, including lessees, orfrom deterioration of the quality of the land because ofthe impact of the activity of enterprises, institutions,organizations. and individuals are to be reimbursed inthe full amount to landowners, landholders. land users,indudinel~. who suffered those losses.

The I"" (ineludial 1011 pin) iJ mmbUI'Cd by eeenterprises, instifutiOns. and OrpnizatiODS to whom theCQQ4culned land parcels wereallotted and also by enter­prises. institutions. and OrpnizaUODS whose activityentailed restriction of the riabts of landowners. land­holden, land usm.. indudina lesIea, or the deteriora­tion of the quality of nearby 1aBd, according to theprocedure established by~ Code and by other lePsia­tion of the Azertwijan Repuhlit!_

Disoutes related to reimbunement of \oues are settkdby a court or arbitration tribunal.

Losses of apicultural and form produeu productionresultina from condemnaUOD of qneu.ltun1 md forestland to be UICd for ptlf'PC*S not related to fanning andforestry, and a1Jo because of restrictions resultinl fromthe activity of eJ1terprise:1, inmtutiODS, and orpniza­tions. are to be rei.m.bu.ned by thosethrouab wbosefaultthey OCCUlTed. These losses are compensated in additionto rcimbuncmenJ of dam.&"

Losses of agricultural and forest products production arereimbursed by the following:

1) by the enterprises. institutions. and organizations towhich the condemned fannland and fOTe\\Um.d "io!tttallotted Ior n~ not related to {ann.-i.n., u..d fc:.t6U"f,

1) oy enrerprtses, ilUtjtl.lt.ion~, amJ. olp.ua--t iQIlo:5 lL(Oundwhose facilities protected, sanitarY, and protective zonesare establisbed., thereby taking farmland and forestlandout of production or downgrading them 10 a lower levelof quality.

Wben me qualitY of fannland detertcrates as a result ofthe activity of enterprises, iwtitutioQs, and orpIllza­tions, they reimburse the farming and forestry losses.

l""uul.b l=iYN U Icimburxmcilt of fannil:l5 Q.QO forestry losses are transfemrl to the account of the special­ized state \and and forest aumorit'j and are used \0develop new 1aIId, to increase soil fertility and p~.uc­

UVl.ty of landin \heromu. and tQ perform other !i.~ro.ilarmeasures, above all, in me area where the land Willi

r,,)odenmed.

IDe procedure for determining the amount ofI~ 15esti.blisl1ed bythe Cabinet ofMinisten. o(the Az.erblU1UlKepuDliC.

SECTION TEN. LANll PROTECTION

AnIde 94. Alma aDd Objodi... or LaIId Protceli..

Land. protection includC$ a system of lcpl, organiza­tional. economic. and other measures aimed at optimumUM of IADd ADd at prevention of uniustified withdrawalof land from qrjeultural prcducuoa, at protection frombatmfuJ anthroposenjc impactS, and also at reproduc­tion and improvement of soil fenility and productivityof the land of forests.

Land protection based OD a comprehensive approach toland u well u to complicatedeatural structures(ecosys.­tems) so as to take into account their zonal and reponalpeculiarities must be aimed at Dltural conservation anda .vins of reecurees, and mOlt enviuae~tinnofsoils. limitation of the impact on flora and fauna. theforest cover, geoloaical rocks, and other components ofthe envirom:nCllL

LaI1d OW!leN, holdeR, and U~, jndudinll~per­form the followin&:

I) optimum orpnization of land area;

2) restcrauon and improvement of soil fertility as well asother properties of the land;

3) proteetiOD of the land from erosioll by wind andwater, mudflows, swampiness, secondary salinization.compactioo. and desiccation, pc\luuon wim rtsidetltW.and industrial waste. chemical and radi08CUve sub­stances, and from other destructive processes;

4) proteetioo of apicultunl land from II'DwinI up inbrush and scrub aDd other proccs:scs that detract fromthe cultivabilitY of the la.tl¢

5) telDporary removaJ of cIegnded !ann.land from pro­duaiod to recover its fertility;

6) ITQIJtivatioa. ofdam_pi 1luN. &lid iwpluvr;wcnt of itafertility aad otber useful propertT,

7) removal,. SIOf8IC, aad reute of the fertile lI.yer of SDilwhen laDd is dim....... as a result of ecoDOmic activitY.

State apcicswe the necaRI'Y stepI \0 Protect the landwitbiD me framtwott.of rqJUbIic propma..

LaJId ptDttx:tioa procedure is aCIbIisbed by Jecjslatiooo(dIe~ R.cpubtic ud tbc NaldUchcvuJ. AutoD­omous RepobIit:.

Whm oew faeilitia are beiq Joeatcd, dcaipw1. built,aDd. put iDto operation. wbcP tKilitie&,.~ udi....n·riou UDdc::rF~ aDd .Jao 1riIcD ~tcdIDoJoIics are appliedthat advendy Uf'cet 1bec.n,.cfi..tioa of tbc 1aDd. WId proteetioq lDCUUI'CII mUll beea.v1sqed del carried out.

It ia sxobibiccd 10 Ran up projo;u oc -wl'Y~whic:b have DOt bca prov1dcd. IIlCUUl'l:S to pIOCrJC\ \be1aDd fium dqradatioD or clarlUl":

'The1ocatiooofprojectl~affcctiDs the conditionof We laDd do dcucd. ill -.:aa-da.-:c: trith~ ClIvi­t'ODDIeIlW JPiddines, with IandowDen. laddhoIdcn.laDl1 U8CR, aDd IeaecI, u ~ .. with. aate t.uc1autllor­itic:s aDd.GabInl coucrvatioa au1boritiea aDd. \be othercompetent bodies.

Optimum UIIC md prota:tioa of the 1aDd aR stimulatedby ec:ouomic DlCUI and iDdude the foUowiDa basicIIICUIIfI::f in this area;

J) .rk.,.,ion uf f\IIIds in tbc n:pubtic IX lo;:U budFl foI'ratormioD of IaDd et,mqM previoaIly;

2) c:mnptioa from tbc charJe 011. 1aDd 'PIl'(lCb whichuein til.: staae olqriadtual~dopmeator~tat their cuadiIioa dDriDI 1be paiod CD.viapd by tileproject plan for the pcrfonDaDac of tbae operatiooa;

3) putiDa of pn:faeatiaJ aatit;

4) i.u;auj'lQ ...... WWP«'lMtiQQ fur improvaDCUt. of1hcquality of Iaad. for iDa'c:uiDa toil fertility, an4 abo for~ theproductivity ofthc 1aDdofforatl aDd. theproducIioa ofeaviroomeotaUy cIc:aD products.

Tbc prua;d.wc fUJ" p:::rf0JllJ0UlQC of lIM:IUW'Q~ 10cc:oaomic~t of optidlum ute aDd protcc­boD or the 1aDd. is CIIabliIbclcl by kPJatjoo of theAzatJUju R.qNbtic.

LaDd prvU:aiuo masun::s an: finwQl7II fi"ow the: :u.lC'bud&d GO thebail of republicwidc aDd zouaI propams.

Measwa to improve specific: U'IctS of land~ fiaaaeedat the expense of Iandowllcrs. Iandholdcn. land usen.,aOA1 ICsIeeS.

SECIlON ELEVEN. MONrrO.RING THE USEAND nOTEC'IlON OF LAND

A.rdde95.A-. "sateM~ .cdie U....~"laM

lbe a.ims of state 'dlOOi'loriq of laDd use and protectiODCODIUt of eItIW"iDa that 1Iate, aJQPentive, and publicbudies, eulel'priR::l, iJDtiwtiODS, u~tiuoa, jowtvtmureI, foreilo juridicll ADd oatunl pmom., and moiDdiYiduail meet tile requimDcDts of land legishatioo ODbdWf of C'ffective IaDd lilt lJIliiaDd protection. In the~ Republic, tll£ sprri.lju:d state land aU1borityis raponsibIe for su:pcni.Aoa and IDOlUtonDI ot" thecoadac:t of tile Jaad reform. opbJuwn. Ia:Dd ute, itsptotcctioo. impruvemeat of its quality, the putiq ofpkJ«s of I&Dd. to private ownm. laDdho\den, aad 1IDdusen. the b:eoiDa of the state land records and moni­loriDa. aDd otber 1aDd a1&irL

byoo aDd. city 10Vids of peop)e·s deputies and thecperia1ju:d Itate laad authority cu:rcise lUte supervi­sion Q\'a' IaDduse aDd. pnncctiDo.

lbc inIUuaioaI oftbcle bodies c:oaocmiD& IaDd usc aDdprGU'dioIl, witbin the Iimit1 of their respc:aive powers,are biDdiDI oa aU land owners. bohIcB, uaen., and1csm::L

The proc::cxlwe for the c:urciae of ute IlIpervWOD overlaDduc ud. pC'OteCtioa is establisbcd by the Cabinet ofMinisU:n of the Azerbaijan Republic.

ArtIcle"" ta.I~acI...aDd mooitorias is a Jona-term system for i.nspectingand~ the state of tile land stock ill order topromptly cIiaoover cbl"BCS in particular indicaton1'dlecWIIme~Offeniliry, ill order w...tbeIechanp IDd prevmt aDdc:om:ct me Idva1c pro­a::aa ad~ oftbcir impKt.

The cIwtiD& uxIll11.P1riD& dwpjfic::ltioa u to Quality,aDd CICIDIIOIIIic aud euviruamcDw .P"AII"':II't of 'the soilCOl'tt, optimum UICof~ aQtioa of. modd of IaDdfertility aDIl m,n·rnent, ~na: Jpd protcetion.uacl ensurin& ICieDtific DlOIlitoridc oflaDdare based011 aIlaStwidc IaDd UIe aDd Lud protcctioa propam..

MODitoriDl proa:dure iJ eaabIisbed by the Cabinet ofMiJWten of the Azerbaijaa. Rcpubtic.

SI.Cl1ON TWELVE. stATE lAND RECORDS

Ardde 'n.e-..PII,.le oldie Sbde...........The lUte I.aDdRq:ister inax'poratcs neceaatY inforoJll-otiou aDd ~1D1CDU ou tk Icpl rqUoc uf Wid. itsdistribuUoD amoq lIDd ownen. bokIm, usen, aDd

rcsulu of a nationwidediscussion concerninga changeofborde" 'alce lepJ effect after a!'Jf'roval by the SupremeSoviet of the Azerbaijan Republic.

ArtIcle 1M. SettIomeot .1 Property Dbpates Related 10!.aDd ReIadoDs

Property disputes between enterprises, institutions, andorganizations related to land relations, includina dis­putesover reimbursement of dam,V' and establishmentof their amoUDt, are settled by a court or arbitnt.tionu-ibwW Ia k<:cpq with theu &uLb.uliLi.-.

In cases when cooperative orpnizations or individualsare involved u one or both parties in propcny disputesrelated to the ownmhip of land, these disputes aredclibcnlt«i by the 1:OUl't.lI u.ulCM leiWatioD of the A=£­baijan Republic provides otherwise.

ArtIcle 106.-. of !.aDd= .......~..ee:.:.~=:)(]ty l bU.

Land disputes of Iandownen., Iandholden, md ianf!users coneeruina problems of land OW'DenbiP. land PO"seuion. and land use betv.reen raYODI (between a rayonand c1ty under resueue JW1Sc11ctlOD or eeeeeee e1llCSJare deliberated. by a commissioncreated by the SupremeSoviet of the Azerbaijan Republic and the SupremeMcjlis of the NakhicheVlD Autonomous Republic.respectively.

_ 107. _ of"'.....,.. .... 1D1ndtl' CIDCltIeo U..... llopabUeJ_)UacI DIJ_

Land disDutes of landowners. landholdcn. and landusers on matten ofland ow:nership, land possession,andland usc within rayons or cities are deliberated by theland commission of the appropriate rayon or city sovietof people's cleputiea.

If a landowner. landholder, or land user does not aareewith the decision of the ccmmissicn, he may appeal it inthe courts.

AI1kIc 108.~ fw o.u. vt Lad_ ID lad1"_,"_ Ra,.. .... Citys.m... of People', Depwdoo

DispUte:! COl1cernina questions of land ownership, landpou.etSiOIl., nr- '-nd UR an! deliberated by la.n.d comm.i~sions of rayon and city soviets of people's deputies inresponse to the application of one of the parties. withinone month of iu fi.lin&.niC.JlIllf!f. nn QUl'!I.tiDn. Df land nwn~hiJl. land JYtUMoosioD, or land~ are deliberated with the participation ofthe interested parties. Deliberation of the matter ispostponed ifone of the parties it not participatina andbas not liven official consent to its deliberation.

Deliberation of disputes conccmilll the riabu of landownership, land posseuiOD, and land use and adoption

of decisionsconceminathem are not postponed ifone ofthe paniM f.aile. to appellr without good CIlIUV, after beinssummoned a second time.

The body deliberatiq disputes on Questions of landownership. possession, aad usc makes a decision thatenviugM the pl'nCl!"ldu~ fnr itt own execution and rnea­sures to restoredamaged rilhts of ownership md rightsof land possession and use.

The decision is deliveredto the parties no later than fivedJI}'1: Aftll"r it ie. ~rIf!n!d_

AnIcle 109. 1lIIIa1l of toe ........ Partld_ ID!.aDdD1J_rae prtDetpa!S In laDd dISPUteS have the I1Ibt EO eumiDedocuments ~lateel to lCUIeme:nt ofland disputes, to takeexcerpts from them. to participate in deliberation of landdisputes, to submit documeD.ts and other evidence. tomake motions, to furni.Ih oral or written clarifications, toobject to motions and offen of the other side. to obtaincopies of dCCisiODI conccmiDI 1aDd diJpula, to appealdecisions nw1e by rayon and city soviets of people'sdeputies, if they do not qree with them, to a court or,rhit1'lllt;nn trihunaL

ArtIcle 110.~ of tile Dedaloa on LudD1J_The deew.oQ n;nQ.ere4 in a land ~ute by the landcommission of the rayon or city soviet of people'sdeputies takes effect u soon u it is rendered.

Execution of the decision is stayed if it is appealed to acourt or artTitration tribunal

The decision of the ooun or arbitration tribunal is thebasis for iuuint: documenu on the riabt of ownership toland, on the riahts of poucssion or use of land. indudinlUlt \eT'm\ er 'I. \ax.

Execution of decisions on land disputes of the rayon orcity soviet of people's deputies" Co court, or arbitnt.tiontribWlll is followed up by the spccializcd state landauthoritYor oLb.er body indi~tcd W. Lb.e decision.

Execution of decisiOIU coneeruina land dilputes may bestayed or postpOned by the body that made the decisionor by a superior body.

SECTION 'IF IEEN. ACCOUNTABILl1Y FORVIOLATION OF LAND LEGISLATION

Artlcle 111._ty of Luli DeoIa

Deals _ Iandhold<n, land lIIm, IIld 1...... cce­cemin& pun:bue IDd aale of 1and, the aiviDa of land u alift. unauthorized exch'Dlf! of land pan:;els, and alsodeals concluded by 1aDdownen in violation of the pro­cedure envisqed by this Code are considered invalid.

lessees. on land categories. on quantitative and qualita­tive c:haraetmsti~ and on the value of laDd from thestaadpoint of the nAtional economy.

Information contained in the state Land Register mustbe used in plmningland use and protection., when landis granted and taken away. when the chaTJe on land isfixed, when land manqement OperatiOIU are carried out,when economic activity is evaluated, and also whenother measures are performed in connection with landuse and proteetion.

The keeping of the Ilate Land RClister is supported bythe performance of JCOdesic., toPQlr3.pbic., land manaae­ment, canographic, soil science, qrocbemical, aeobo­tanical, and other research and surveys.

Ankle 98. Proc:edlll't for Keepiq the Slate WdReaiJterThe state Land Register i.s kepl by the specialized StalC:\aDd au\borttY anl11\nance(1 from \be republit 'oul1act.

The procedure for keepina the state Land Register isestablilhed by the Cabinet of Ministen of the AzerbaijanRepublic.

SECTION THIllTEEN. LAND MANAGEMENT

~ 99.~ ..... CoetHIt of 1.aDd M-.".meat

Land~t encompasses a sys\em of lepl, eeo­nomic, and teehnical measures to rquIarize land rela­tions and solve problems in the ute of land resources.

Land management is aimed at orpnjZinl effective andscientifica1ly sound use of land in all seeton of the«;()UQm.yI lot~ '" \!"u\\h'1 ~r."riror.m~\\.t. t.\improvina and guarantcem, the stability of natw'l.l andaDthropoaenic landscapes, and also at land protection.

Ardc:Ie 100. UDd Ma.......... M.....

Land manaaeutent meuum envisqe the foUowiq:

1) development of republic ,and zonal forecastingschemes, preparation of forecasts of land improvement,and abo prepatltion of land manqement cham;

2) mablidlina: the hnrdl!l'll of adminiiltrllltive-temtoritdstructures on we poUlld;

3) preparation of propouls for amcndinl and symm­ati.zina the land of new Iandownen. landholders. landusers.. and lessees by eliminatinl diw:::rqwJcies ~dioconveniences in the disposition of land, identificationof land tracts on the pound, aud pRParItion of officialstale documenp (certificates) coD1irmioa the riahts ofownenJU.p to tbe land. l.a.ndholdina. aDd lAnd usc;

4) p~tion of drafts of interDAllaDd manaaementplans and other drafts related to land use and protection;

S) justification of the identification and establishmentofborden of arP-'.5 with special regim~ (or natural censer­vation, recreation, and reserves;

6)establishment and amendment of the bordersof cities,towns, and rural communities;

7) origmator's supervision over tne realization of landmanagement plans;

8) performance of topographic, geodesic, cartographic,soil science, JUibotanical, and otner inspections andsurveys.

AlUcle 101. Orpaizatioa of lad Muqemellt

Land tnanageDlent efforts are performed by the special­iz=1 SJ.lIC land aulbority aad flnanced (row the stale'budget.

Land tn.anaIttnent p1aJu related to the mana,ement,radical improvement. and protection of land tracts maybe <dune hy Kicntif"~~h and l)rojcd:p~ &Adsurveying orpnizations on the initiative of landowntrS,landholders, and land users, who finance them.

Article 102. AppI'DftI of Land MaDaplDeDt PIaIII

Internal r.tm1anc1 tt1.I.D.qe1!lent p1an~ and.int.trfarmlanamanqement plans are approved by the appropriaterayon and city soviet of people's deputies.

SECI10N FOUllTEEN. SETIt..EMENT OF LANDDISPUTES

Article 103. Bod1eIlbat Settle Laad DI.pates

Land disputet! ~ S4!tt1ed by the land comnU"ioru ofrayon and cit)' sovieu of people's deputies, by a court, orby an arbitration. tribunal.

Land disputes of enterprises, instituncns, orpniz.atiOos,and individuals al'fl dehberated hy the land u.mmiuinnsof those rayon or citY soviets of people's deputies withjurisdiction over the land.

If the parties do not concur with the decision of themyon or city soviet of DCODle's deputies. disputes acedeliberated by a court or arbitration tribunal on the basisof a suit.

Article 164. Sett1emeIIt of Laa4Dis)Mltel Betweea theA.zuhJju a.,.tille tlJId Other S~...

Land disputes between the Azerbaijan Republic andother states ate deliberated by a commission formedwith an equal number of representatives of the AzerbI.­ijm Republic: and the state conductina territorial dis­putes, The representatives of the Azerbaijan Republicincluded in commissiODS arc approved by the SupremeSoviet of the ..uerbaijan Republic.

OeDendinl on th~ im~nance of the issue. the vrotlO1ahof the commission are published for nationwide discus­sion (rcfercndtLm). The proposals of the commission or

Article 112. Violadoa of LaDd. I..etisladoa aadAQ:uwItabiUQ' for It

Persons guilty of the violations of land legislation enu­merated below are subject to accountability under civillaw,administrative law, or criminal law, as the case maybe:

1) landholders, land wen, aud I~hen land isbought and sold, presented as a gift or mortgaged. orwhen other actions are committed that violate the state'sright nf nwn",Rhip to the land;

2) unauthorized usurpation of land tracts (includingforestland);

3) coDStrUCti.on on plots of land taken without authori­zauon (including forestland);

4) poorly manaaed use of land;

S) pollution ofland (inclucfu1a forestland) with industrialand :san.iW'y waate, chgnic:a1lU1od radioactive substancc$.,and also sewaae, pollution with bacterial-parasite andharmful orpnisms OD the quarantine list;

6) failure to perform maudatory land improvementmeasures. measures to protect IaDd apia.fl CfOIiOD bywind and water, and apinst other processes that detractfrom soil fertility;

1) failure to use plots of land for the assumed purposes;

8) damqe to the fertile layer of soil (including forest­land);

9) desipinL location, construction. and startup of facil­ities that have a harmful impact 00 the condition of theland;

10) litterin8 the land (includ.inl forestland);

11) unauthorized departure from duly approved iritemalland manqcment p1.anJ;

12) failure to retum on time land obtained temporarilyor failure to discharge obliptioDS to brinJ; it into acondition suitable to be used for its specified purpose;

13) removal ofbouDdary markets on the boundaries ofland subject to the riahts of ownership, possession, anduse;

14) distortion ofdata concemina state records. reaistra­tion, and land quality.

LqislatiOD of the Azerbaijan Republic may also envisqeaccountability in other cues ofviolation ofland legislation.

Ardde 113,FiDuIcbII: Meuans for lad Protecdoa.... blpao'Eiidt ....-rotC...a.et of tbe IAad Worm

At least two percent of the annual income of the Azer­baijan Republic: is 10 be let &lide UUluaUy to restore lOllfertility, for irriptiOD and draina&e, recu.ltivation, tobriDa Dew land into qricultural production, to perfonn

m95ures to combat erosion, for the state Land Registeraml muniwrinl> for la.nd management and ili4,;icmifh;research, for taking an inventory of land, and the landreform,

In addition, the following funds are also committed tothese purposea;

a) a portion of the payments envisaged by Article 43 ofthis Code. paid into accounts of rayon and city sovietsofpeople's deputies and of the specialized state landauthority;

b) funds withheld because of the legal violations indi­cated in Article 112 of this Code.

Arrlde 114. Relmbanemeat of Damqn Caased byVloladoa of Lud Leaisladoa

Parcels of land occupied without authorization aretutored to tbose to whom they belong without reim­hursement ofexpenditures incurred during the unlawful;tie.

Land occupied without authorization by kolkhozes,sovkbozes, other state, cooperative, and public enter­prises, instJ.tutioDS, OtpDlZaUODS, and indiVlduals whichis not returned by the date speciflCd is taken away andthe value of the parcel u shown in the Land Register isreimbursed.

Enterprises, institutions, OrpniZatiOIl1, and indiVidualsare required to reimburse dam.V' they have caused as aresult of violation of land legislation.

SECI10N SIXTEEN.INTEllNATIONALTREATIES

Article lIS. ImenIadoul Treades

If an international treaty of the Azerbaijan Republicenvisqes other reaulatiODS than those contained in theland leaislatiOD of the Azerbaijan Republic, the rules ofthe international treaty shall apply.

[Sianed] A. Muta1ibov, president of the AzerbaijanRepublic Baku, 9 November 1991

Decree OD ImDlementatiOD925D0267C BakM BAKlNSKIY RA/JOCHIY in Russian13 Feb 92p 3

[Decree of the Supreme Soviet of thc ALc:rb4ijauRepublic enacted in Baku, 9 November 1991,and signedby Z. Samed-Zade, first deputy chairman of the SupremeSoviet of the Azerbaiju Republic: "On Implementingthe Land Code of the Azerbaijan Republic'1

(Telt) The Supmne Soviet of the Azerbaijan Republicbereby decrees u follows:

I. To implement the Land Code of the AzerbaijanRe?ublic as of the date of its publication. but Micle 41of tbe COde-as of t Aprtl 1992.

2. Until such time u the land legislation of the Azerba­ijan Republic is broupt into conformity with tbe I..a.ndCndp. of the Aurbaijan Republic, ll"Sis1ative euctmenuare to be applied insofar as they do not contradict thisCode.

3. The Land Code of the Azerbaijan Republicapplies tolepJ relations thai come into beina after this Code takeseffect.

4. The Cabinet of Ministers of the Aurbaijan RepublicII hereby ordeted:

a)because the new Land Code is takina effect, by I AprilJ992to brinl curreet IqjsJative enactments into conCor­mi!y with that Code;

b) by 1 MIU"Cb 1992 to submit to the SupremeSoviet ofthe Azerbaijan Republic its proposals for amendmutand suppiemmlalion of leais1ative euctmcnts in co'.\·~OQ wi'\h \be new LaAd. Code;

c) to prepare the draft of tbe Law of the AzerbaijanRepublic oD the Land Tn and submit it to tile: SupremeSoviet of the Aterbaiju. Republic by 13 JaDuary 1992.

5. It is hereby m:cmmended. that the pnsidtnt of theAzerbaijan Republic make provision to create within thesuuctUl'e for IdministntioD. of the economy .. bodyQ)neancd with laDd affairs.

6. The Ministry ofJlIIlice of the Azerbaijan Republic ishereby ordered to prepare and by I February 1992 tosubmit to the SupremeSovietof the AzctbaijIlD Reoublicproposals for ameodiq and suppJemeotiD& the Code oftbe Azerbaijan Republic on AdmiDiItrative ViolationsIIld the Crimiul Code of the Azerbaijan Republic forthe P1U1JOIC of briqinc to administntive or criminallCODuut I'e"ODA auiIty of land violau"3Q& u ellvisqed byAttide I 12 of tb.is Code..

i. The Land Code of the A%erbaiju Republic approvedby the Law of the Azerbaijan SSR aD 7 July 1970(VEDOMO~-n VERKHOVN(X]{) SOVETA ALER­BAYDZHANSKOY SSR. No 9. 1984, Item 187;No 17,19B7,Item169.and No 24, Item 253) is hereby declaredinvalid with the exceptionof Article II (VEDOMOsnVERKHOVNOGO SOVETA AZERBAYDZHAN­SIC.OY SSR,. No 24. 1987. Item 253), wbich remains indfect until 1 April 1992.

[SilDed) Z. Samed~zade, first deputy chairman of theS\lpnm~ Sovi'C\ of d= IUcIbaijan R~ublio;; Baku, 9November 1991