Simplified corrupt construction - 5

Recently, the Turan news agency received a letter from a citizen Rustamov, who asked whether there will be a continuation of the epic "simplified construction". It was about the investigation by the agency in  2015-2016 the real situation around the notified construction provided for Urban Planning and Construction Code (UPSC) of Azerbaijan.

The essence of the notification nature of the intention on the construction is to simplify the procedures for the preparation of documents the construction of individual houses and to reduce corruption.

Four analytical articles by Turan agency lasting for six months revealed a large-scale corruption in the sphere of individual building, serious abuse on the part of the chief executive, who has been identified as the bodies responsible for control over the construction of individual housing in order to ensure the rule of law. As a result, neither the executive power, nor the citizens are  adhered to the law, but on the contrary there was an orgy of mass violations of the law  and  rampant corruption.

The articles tell  in details about the course of the investigation, the behavior of the officials: 

http://contact.az/docs/2016/Want%20to%20Say/051400155987ru.htm#.WLFQvPmLTs0

It should be noted that the head of the Department of Legislation and Legal Expertise of the Presidential Administration Shahin Aliyev kept his word that the comments and suggestions set out in the articles will be included in future changes to the UPSC. On October 14, 2016, President Ilham Aliyev signed the Law on Amendments to the Town Planning & Building Code, which should further simplify and limit the voluntarism of the local authorities. Henceforth, executive  power has 10 instead of 30 days to respond to the submitted in accordance with the requirement of UPSC- the appeal of the contractor. Another important innovation - any claim of the Executive power should be justified by law to specific indication of the claim, which was not there before. Baku City Executive Power, and particularly its head Hajibala Abutalibov seriously abused it, confining the general wording "not consistent with the law."

It seems that the problem has been solved at first glance. However, from the letter of Rustamov it   follows that the Cabinet is not brought into line with  the UPSC regulations, which  creates shortcomings for corruption by the local executive bodies; and they will take advantage of it for sure. In the sent by Rustamov Decision of the Cabinet of №4 of January 12, 2015 "Regulations on the composition of information on the structure in the state register, presentation of information and the conduct of the Registry" in the first paragraph you want to copy a building permit.

In this case there is an incident: First, Article 80 of the UPSC clearly states that the structures, which do not require authorization, are built only on the basis of the notification. If the procedure is considered a warning, then what about the approval of the construction project in question?  The Article 80.4 of the UPSC states that if within 10 days of the Executive power do not make a claim, then the developer has every right to start construction.

Thus, the Cabinet of Ministers forces developers to receive written confirmation (consent) of the local executive power while preparation of documents on the property constructed! Truly Azerbaijani officials are incorrigible.

Unfortunately, the proposal of Turan about the transfer of control over the construction to ASAN or the Property  Committee had not been taken into account. This would simplify the procedure and bring order and optimization  to the  process of the appeal of  developer until getting  the real estate documents, as all of these in the rules of the Cabinet  seven documents would be directly represented in these structures, bypassing the problematic  Executive power.

The fact that this power  is problematic is also confirmed by the following fact, which  revealed  in the course of the investigation. It turned out that on 20 June, 2014, as a result of the  adoption of the law on changes to the UPSC N HSC 998-İVQD  was introduced additional Article 69.52-1, which states that for residential notification  buildings  intermediate distance from the wall of the house to the border area is set in the range 0, 3 points from the height of the structure of the wall instead of 0.6. At that time, the change was not reflected in the publicly released UPSC. It's the secret of the executive authorities, using as a mechanism of  pressure on the builder.  The  executive power of the village of  Pirallahi took advantage of it, and  illegally forced to rewrite one of these home projects.

It is also worth noting that the Executive Power of Baku applied also as a mechanism of pressure on developers "Detailed Rules of zoning, building types and scale" of the Cabinet, which is in contradiction with the position of the notification  construction of the UPSC. Deputy Chairman of the State Committee for Urban Planning and Architecture Dovlethan Dovlethanov in a letter dated February 24, 2016 said that "the detailed rules for zoning, building types and scale" is a normative document, which is used for zone design, including a master plan allocated for construction land, but not for individual private buildings.

Actions of officials did not remain without attention of the World Bank. Azerbaijan dropped from 63 to 65 among the 190 countries in the ranking of doing Business-2017of  the World Bank Group. In many ways, this attitude spoiled index for obtaining a building permit, on which the country was on the 127 site. In this special achievement of a number of characters and departments of our high-profile investigations:

Cabinet of Ministers

General Prosecutor's Office

Baku City Executive Power

Executive power  of the village of Pirallahi

And finally, we also offer:

1. To pass  full control over the construction of individual housing, from the application process and ending with making structure to the State Register ASAN or Committee for Property.

2. Create a list of sample documents on the basis of a single standard, required for the construction of individual houses, as the permit and notification of production.

3. To cancel control over construction by the  executive power, as it  has a  formal and corrupt  nature  that has been proven in the course of the investigation and continues to this day.

4. Cancel the first paragraph "a copy of  the building permit" of the  Decisions of the Cabinet №4  on January 12, 2015 "Regulations on the composition of the structure of information in the state register, the representation of the data and maintaining their registry."