Today at Park INN Public Association "Assistance to Free Economy" organized a conference on "Local and international mechanisms for rights to property" with the financial and organizational support of the Eurasia Foundation, as well as the organization of the National Endowment for Democracy (both the structure of the United States).
According to the chairman of the association Zohrab Ismail, in an imperfect legal framework of the rules of exclusion areas within the state need there is a need for a political agreement on intentions to improve the rights of property owners to improve in Azerbaijan. Guarantee the inviolability of property in the future is possible in the case of the signing of the document drafted by representatives of government and civil society - he believes.
The lawyer of the Association Emin Abbasov said that Azerbaijan owners' rights are guaranteed by several legislative acts. Thus, Article 13 of the Constitution states that property in the country inviolable and protected by the state. In Paragraph IV of Article 29 (right to property) states that "no one without a court order can not be deprived of his property, the alienation of property for public use may be permitted only if the preliminary fair reimbursement of its cost."
Paragraph 5 of Article 70 (General Rules of the land allocation) of the Land Code of the Azerbaijan Republic provides that in the event of the transfer in accordance with the legislation of land owned by legal entities and individuals for public use, their value is fully pre-paid at the market price prevailing at the time of land acquisition.
Other local laws and regulations ensure respect for private property. State estrangement is allowed only in strictly defined cases with a view to the construction of roads and other communication lines, define the border strip or construction of a defensive nature. This should be notified of the Cabinet of Ministers. Even tough the "Rules closed territorial units, as well as separate territories purpose of national security or defense purposes and the introduction of public administration with a special regime", signed in 2002, does not imply a degree of voluntarism, which allows the Executive Power of Baku.
According to the lawyer, seizure of property within the city is not yet complete, as exemplified by the Plan to increase the length of the National Seashore Park on the 9 km to the town of Zygh in the northeast of the city. He recalled that in Europe also alienated the property to the state, but it is done in a different way, in compliance with the interests of the owner.
The participants noted that the seizure of property must be lawful, transparent, with advance notice and a clear mechanism for implementation. Accountability must be observed with the control process, and (above all) the ethical component in dealing with citizens.
Public Association "Assistance to Free Economy" encourages the Government to strict observance of the rights of property owners to improve legislation, cooperation with all stakeholders, to ensure the effectiveness of the mechanisms of transparency and accountability of the respective branches of the executive branch. -17D-
Economics
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