“Sovetski”. Foto: Turan

“Sovetski”. Foto: Turan

Baku/22.01.20/Turan: Until the beginning of next month, residents of about seven families of private houses in the Sovetskaya Street are required to move out so that construction equipment can demolish their individual houses; Turan was told by two men with whom the correspondent spoke in the morning of January 20, 2020. A written notice with such a warning was distributed to residents in early winter 2020.

Men discussed options for acquiring alternative housing, and answered questions from a journalist who approached them. For a square meter of old housing, the state pays the owners of apartments 1,500 manats of compensation per square meter or offers to choose one of the apartments ready for living. Over the past 10 days, during which residents are evicted in this residential area of ​​the Yasamal district, most residents left their homes, which were immediately destroyed by an excavator.

Residents are dissatisfied with the forced resettlement, they consider the amount of compensation insufficient, since with 60-80 square meters on which they lived in the city center, they can now buy a two-room apartment in remote areas of Baku or a separate house with a two-hundred-piece plot in the suburbs of the Azerbaijani capital .

"Want to get more information from us? Promise residents 500 manats per square meter in addition to the amount that they pay us, and now a crowd of people will gather here. We do not see any benefit from media publications about our problem. Nobody can help us. By the end of the month we will move evict, we have no other way,” the residents said, refusing to give their names. It is clear that the space surrounding the remaining houses has been brought to a state in which accommodation is impossible. There are no roads to houses, communications are destroyed, the territory is fenced.

The remainder of the housing estate at the top of the Teze Pir mosque, called Sovetskaya Street, will be demolished soon. Over the past three years, about two thousand families have been evicted from here. A park with rides and an openwork pedestrian bridge over the highway was built on a site cleaned of old residential buildings. A wide highway was laid through the liberated territory, connecting the upland part of the Yasamal district with the center of Baku. The executive authorities of the Yasamal district of Baku are not answering phone calls, as employees are busy organizing a funeral event. The Constitution and laws of Azerbaijan establish the right of citizens to own and dispose of their immovable property.

Constitutional Article 29. Property Right.

1. Everyone has the right to own property.

2. No type of property prevails over others. The right to property, including the right to private property, is protected by law.

3. Everyone may own movable property and real estate. The right of ownership includes the right of the owner to own, use and dispose of property individually or jointly with other persons

The Housing Code of the Republic of Azerbaijan, article 5, ensures the rights of citizens to the inviolability of the home. Clause 5.3. No one may be evicted from his home or limited in his right to use the premises in which he lives, including the right to receive utilities, except on the grounds and in the manner provided for by this Code and other laws.

The decision of the Constitutional Court of the Republic of Azerbaijan dated October 25, 2010 "On the interpretation of Article 178.8 of the Civil Code of the Republic of Azerbaijan" states:

According to Article 152 of the Civil Code of the Republic of Azerbaijan: “The right of an entity to recognize, use and dispose of property (a thing) owned by it, is recognized and protected by the state at its discretion. The owner may freely own property within the limits established by law or otherwise, in particular contractual restrictions; may use and dispose it; may allow the ownership of this property by other persons; take any actions at its discretion in relation to his property, if such actions do not violate the rights of neighbors or third parties, or  there is no abuse of discretion. "--0--


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