Serious violation of property rights in all spheres

 The topic of roundtable organized on Tuesday was: the legislation in the field of property law and its enforcement, illegal seizure of property of citizens, the experience of the local courts and the European Court.

The event, entitled "Protection of property rights in court - progress and challenges" was held by the Association of Lawyers of Azerbaijan and the public association "Promoting a free economy" with the support of the U.S. Embassy.     The participants of the forum were MPs, representatives of executive authorities, experts, and lawyers.

Only 3-5% of the decisions of the Azerbaijani courts can be considered fair. Local courts generally do not satisfy the claims against SOCAR, the City Hall, the Land Committee, and the State Property Committee. Numerous decision of the European Court is not implemented, stated in his speech, the head of the Bar Association Annagi Hajibayli.

He noted that the decision of the Cabinet of Ministers on the application of the law "On the alienation of land for public use” is a positive fact. However, there are serious problems in the judicial investigation and application of the law, he said.

"In the field of protection of property rights there is complete indifference, the application of the law is very bad, and illegal actions of the executive authorities seriously hamper investment," he said.

The    MP, Fazil Gazanfaroglu, noted that there are only guarantee investments in the oil sector. In all other, investments are at zero level.

"Property law is violated even when staking parks," said the MP.

The forum participants noted that only in Baku, there are over 500,000 homes without proper documentation. In the regions, there are more. This creates a big problem between citizens and the state.

Hundreds of complaints were sent to the European Court regarding the violation of property rights. More than 50 decisions of European Court of Azerbaijan have not been fulfilled.  At the same time, for not fulfilling the court decisions, citizens are punished by public works, said the head of the Legal Education Society, Intiqam Aliyev.

As for the capture of houses by displaced people, the head of the parliamentary committee on legal policy Ali Huseynov said of a state program for the resettlement of internally displaced persons.

It was also noted that in recent years about 40-thousand of forced migrations were registered. Among them is the office of Leyla Yunus and Rustam Ibrahimbayov, what was a political order.

Serious offenses have occurred during the construction of the Flag Square. The road leading to the square was built under the guise of the road Baku-Alat.  For the construction of two km of this road, 64 million manat were spent. However, each of the tenants of the demolished house was paid only 10 thousand manat as compensation, the lawyer said Shafa Jamalzade.

The lawyer Anar Gasymly reported   about similar offenses when construction of tourist complex "Shahdagh", when compensation was only 24 manat per each 100 square meter, whereas the real value of the land there is several thousand manat.

Eighty one families filed a lawsuit, nine complainants have already died, and lawsuits so far have not been considered.

According to the lawyer Irada Javadova, the highest compensation for housing in Baku is 1,500 manat, while in a number of places in the center the cost per square meter by several times higher. -03C04-