The investigation on corruption in the construction of private housing, continuing for more than four months, shows that behind the large-scale violations of the law are high patrons.
Almost all branches of government, Presidential Administration, Cabinet of Ministers, General Prosecutor Office, Baku City Executive Power refuse to recognize facts of arbitrary interpretation and the use of legislation and regulatory standards.
The latest response to the appeal to the Prime Minister Artur Rasizade and Prosecutor General Zakir Garalov on violations of the law once again confirm the presence of strong patron behind the head of executive power of Baku Hajibala Abutalibov, who which centralized in its hands control over private construction, and thereby assumed responsibility for all illegal actions.
https://turan.az/ext/news/2016/2/free/Want_to_Say/en/51943.htm/007
Cabinet almost does not respond to any request for information or a letter, and each time sends such requests to other lower-level branches, making it clear that the Cabinet has no interest in the actions of the local executive authorities in the field of abuse of notification of construction, as well as illegal land acquisition.
Once again the Cabinet of Ministers resent a letter to respond to the executive power of the district of Pirallahi, Ministry of Emergency Situations, State Committee for Urban Planning and Architecture.
Vezir Sefihanov, Deputy chief executive of the district of Piralahi, in its reply of 4 March stated that the Presidential Administration of Azerbaijan has already notified on 6 January Turan agency that all the proposals for improving the legislation relating to the notification of construction, will be considered in the future. However Sefihanov evaded answering the question on illegal allocation of 750 hectares of land for construction of houses in Pirallahi area from Abutalibov, the Chief executive of Baku, which is the prerogative of the Cabinet of Ministers.
On 26 February Mehriban Saadthan, the Head of the Department for documents and appeals of citizens of the Ministry of Emergency Situations, informed in writing the Turan agency that "The detailed rules for zoning territories, building types and their scale," approved by the Cabinet of Ministers of February 21, 2014, is in force, and the reflection the point 4.13 in the Law is unreasonable. And the improvement of the legal acts in carried out in accordance with the Constitution and the law "On normative legal acts" AR.
Prosecutor General's Office, represented by Attorney General Assistant for Special Assignments Sahib Ismailov also noticed violations of the law, which were presented in the article Individual building under the pressure of corruption.
https://turan.az/ext/news/2015/12/free/Social/en/35768.htm/002
In his reply dated 9 March Ismailov noted that the Agency was not provided with any facts and evidence of a crime on the part of officials of the executive power. Apparently, he considered insufficient photos of the mass violation of private construction, which can be easily identified in the review of the houses under construction in Baku and its suburbs.
However, Mehman Aliyev, the director of Turan agency, expressed his disagreement with the position of the Prosecutor's Office in its reply letter, and drew the attention of Ismailov to journalistic articles about the so-called simplified notification system of construction, which presents the facts of large-scale violation of legislation.
But still, correspondence with the high authorities lasting for five months b has begun to give fruits, and reveal gradually new important fact and private interests of the various departments on the issue of notification of construction . Deputy Chairman of the State Committee for Urban Planning and Architecture (SCUPA), Dovlathan Dovlathanov made interesting remarks. In his letter dated February 24, he said that the "Detailed Rules of zoning territories, building types and scale" is a normative document, which is used for zone design, including a master plan allocated for construction of land, but not for individual private buildings. That is, from his comments it can be concluded that the executive power of Baku in the consideration of citizens' appeals for the construction of private homes, should not use the Regulations of the Cabinet of Ministers.
Dovlathanov also said that according to the law, the function of construction supervision is the responsibility of the State Agency for Safety in the construction of the Ministry of Emergency Situations. He also sent a copy of the response letter to the Baku City Executive Power. To clarify the picture, with consideration of the words by the deputy SCUPA, the Turan agency sent a request for information to Kamaladdin Heydarov, the Minister of Emergency Situations.
The journalistic investigative articles concerning the private construction that does not require permission, come to the conclusion that Article 69.4 (intermediate distance should be 0.6 of the height of the house wall) of the Town Planning Code and paragraph 4.13 of the "Detailed rules for zoning territories, types of construction, and their scale" by the Cabinet of Ministers (on the inadmissibility of exceeding the floor area by 20% of the land area) are used by officials for extortion. In practice, there is all around and large-scale ignoring both requirements and norms of the law, that also causes serious damage to infrastructure, the environment, security of citizens, and is source of corruption.—0-
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