Baku/23.08.19 / Turan: Constitutional norms on the protection of property rights in Azerbaijan are quite progressive. However, their interpretation and application in practice raises big questions. The lawyer Fuad Agayev said this in an interview with Radio Voice of America, regarding the enforcement of property rights in the country.
So, when buying out property of citizens, there are numerous cases of violation of the rights of citizens by private companies. There are many such facts in the center of Baku and in the village of Bailov.
In most cases, the Sabail District Court and the Baku Court of Appeal do not protect the rights of citizens, and the civil collegium of the Supreme Court, when considering two such cases, made the opposite decisions: in one case the complaint was granted, in the other - not.
Often, the removal of housing from citizens is justified by projects of national importance. However, there is no such thing as "projects of national importance" in the legislation. The law allows for the purchase of property for state needs. The mass demolition in the area of Sovetskaya St. was carried out precisely under the pretext of state needs. In fact, this is not so.
If the talk is about the laying of road infrastructure, then this is an activity of local importance. The law "On State Roads of Azerbaijan" lists the list of roads of national importance, and the area of ul. "Soviet" does not fall there. In fact, under the guise of state needs there is a seizure of property of citizens, said Agayev.
When asked how the courts decide disputes of citizens, the lawyer noted that in most cases, citizens are not satisfied. However, some companies in the course of litigation go to meet the legal requirements of citizens. However, there are many cases of citizens appealing to the European Court of Human Rights regarding violations of property rights, the lawyer said. -06D--
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