Simplified corrupt construction

To: Cabinet of Ministers Chairman, Mr. Artur Rasizade

Mr. Prosecutor General,  Zakir Garalov

Dear Sirs,

My research in the field of facilitating  permitting system for individual housing construction showed that the Baku Executive Power and district executive authorities use the  Article 69.4 (allowable spacing distance between the facade of the house and the fence) and the City Planning Code of the Azerbaijan Republic and the point 4.13 "Detailed rules for zoning, types of construction and scale" of the Cabinet of Ministers on the inadmissibility of exceeding the floor area by  20% of the land area. 

This evidence is presented in  the Articles published  on 2 and December 17, 2015:

http://contact.az/docs/2015/Social/121700140579az.htm#.VrSVr7KLQdU

Photographs  taken using google.map, clearly show widespread violations in all areas of the city. It means that the executive authorities do not control the situation, or give tacit permission for selfish reasons. Thus, there is the fact that the relevant Article of the Code and the rules do not work and provoke serious problems in the field of urban planning, the environment, and create conditions for corruption. Therefore, I propose either to suspend the validity of these Articles or a point, or use them without question, without exception.

I have appealed to the  President of the Azerbaijan Republic on the issue, and  received a response from Shahin Aliyev, the Head of the Department of Legislation and Legal Expertise of the Presidential Administration of Azerbaijan, who said that the proposals will be taken into consideration in the future  while making amendments to the City Planning  Code. But I think that time is short and voluntarism  by executive powers must be stopped, because every day they create new conditions for  law infringement.

Second question. Hajibala Abutalibov, the Head of Baku City Executive Power and Vasif Imanov,  head of the executive power of the  Pirallahi district, in violation of the Code of Urban Planning and Architecture of Azerbaijan voluntarily began to develop 750 hectares of land in the area Pirallahi. This fact became known in the course of investigation of the problem of  "The notification of production" at the individual building.

In  his letter addressed to Agabala Hajiyev, the head of the Cabinet of Ministers on November 6, 2015,  Vasif Imanov said that the general and a detailed plan  of the village of Pirallahi village was  drawn up.  At the same time in accordance with the long-term plan of development of the district Pirallahi according to the decision of the head of the executive power of Baku for N559 of 25 November, 2014  at the administrative territory Gurgan  were allocated 750 hectares of land, on which  design works are  carried out. For this purpose Pirallahi MMC company was created, Turan was told in the  Executive Power of the Pirallahi.

The letter addressed to me by  Vasif Safikhanov,  the deputy head of  the Executive Power of Pirallahi, read that  "in accordance with the Article 24.1 of the Code and  the paragraph 4.4 of the Decree of the President of Azerbaijan Republic dated 4th September, 2012 №695 for the approval, entry into force of this Code and the related this legal regulation on 29 June 2012 for №392-IVQ, the customer of the territorial  planning  of the overall  and general plans is the State Committee of Urban planning and architecture, and of detailed plans - local executive authorities. "

But it should be noted that detailed plans are prepared on the basis of general and master plans in coordination with the State Urban Planning and Architecture Committee (SUPAC), which was not done. Turan agency received a response from the  SUPAC. A letter dated November 25, 2015 from  Dovlathan Dovlathanov, Deputy of SUPAC  to the request  from Turan  agency on the allocation of 750 hectares of land for construction of residential community and the availability of general and detailed plan for Pirallahi, said the following:

1. The Committee has not been submitted the general and detailed  plan of  the village of Pirallahi  was not submitted to the Committee.

2. The Committee  did not receive any  appeal on the construction of the new housing estate in the administrative territory of Gurgan by the  Baku City Executive Power and  the district of  Pirallahi.

3. In accordance with the requirement of the Code of urban planning and construction of the Azerbaijan republic, a Master Plan is being developed on the basis of the order  of the SUPAC and approved by the Cabinet of Ministers.

4. Allocation of territories  for the construction of a housing estate on the basis of approved  documents of the territorial planning (general plan, detailed plan.)

In autumn  2015 I repeatedly sent requests  to the Executive Power of Baku, which, in violation of the law remained unanswered. And finally, with the assistance of the Ombudswoman Elmira Suleymanova, I received a reply  signed on February 3, 2016 by Rasim Guliyev, the head of apparatus. In a response letter  the Executive Power almost evaded a number of important issues. For example, I received no answer to the question, how many applications for construction were submitted, and how many of them received a negative response. This also applies to  the "Piralahi Ltd", which has been designated  by the Executive Power of Baku  a contractor for the construction of housing estate in  the  village of Pirallahi without competition.

The reply also contains false information concerning the illegal  allocation of 750 hectares of land for the construction of housing estate. In general, a response  was not to the point. But it also confirms the fact  that as a result of collusion, the executive power of Baku and Pirallahi illegally seized lands.

On November 23, 2015 President of Azerbaijan Ilham Aliyev  signed a decree on application of the Law "On Amendments to the Criminal Code of Azerbaijan" dated 30 September, 2015. They provide for  up to 10,000  manat fines and imprisonment up to eight years for the unauthorized seizure of land, the adoption of illegal decisions on land plots that are state property through abuse of office.

In this regard, I ask you to take all measures to prevent the illegal actions of the heads of executive authorities of Baku and Pirallahi,  as well as other regions in the field of construction.