Buzovna residents appealed to President via video

Baku/09.06.23/Turan: Civil society activists in Buzovna settlement circulated in the video they had filmed about the ignoring of the law by the officials having summer houses in Buzovna and the President's statement on the importance of cleaning the coastal cliffs from illegal constructions.

I. Aliyev stressed in his speech the historical significance of the coastal cliffs in Buzovna, naming the officials responsible for these crimes. "We have a list of these officials," the President said.

A video titled "Annual Report" shows photos and video footage taken on the ground and from the air. It shows that in 2022, during the demolition of illegal buildings facing directly to the sea, two villas were left intact and four structures partially demolished.

The owners of the summer houses had taken over the beach, blocking access to the sea for the Buzovna residents. In one place, the rocks have been completely and irrevocably destroyed. Some homeowners this year have begun rebuilding the illegal structures, which were demolished by the local authorities in 2022.  One homeowner claims to have destructive documents. Another invader refuses to demolish the thick layer of concrete with which he poured rocks and built a concrete pad. Nearby, an owner has entrenched himself, completely ignoring legislation despite strict instructions from the President.

Fenced off from people beach "Zagulba"

"The Annual Report" concludes with a declaration by residents that they no longer want to tolerate the seizure of the coast, including Zagulba beach, in Buzovna settlement, and a demand for the head of state to finally resolve the "occupation of the coastal rocks" by opening up the possibility for the public to use the sea freely.

Uninvited owners of the beach "Zagulba"

There have also been posted on the social network the complaints of the residents of Bilgya settlement, for whom the Sea Breeze Resort, owned by businessman and singer Emin Agalarov, has closed their access to the sea on foot. Residents of some quarters in Bilgya directly behind the resort complex were given colorful stripes to wear on their wrists and let them walk to the sea through the complex. But residents in neighboring blocks are also denied access to the sea due to the blocking of pedestrian routes. They are demanding Sea Breeze to issue them with authorization strips so that they too can use the sea for free. Azerbaijani legislation explicitly prohibits restricting access to the sea for citizens. On this occasion, Article 46 of the Land Code of the Republic of Azerbaijan states that

1. Lands of the water fund of the sector of the Caspian Sea (lake) owned by the Republic of -Azerbaijan; lands located underneath the coastal 20-50 m coastline of the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan;

2. The said lands are in the exclusive property of the state and can be provided for use and lease in an order established by the present Code and other regulatory and legal acts. 2-1. Lands located underneath the coastal 20-50 m coastline of the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan, while remaining in the ownership of the state, cannot be alienated and, by the decision of an relevant body of executive authority, can be provide for use and lease in state purposes. Land plot that is underneath 20-50 m coastline of the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan, as regards of which in accordance with the first sentence of this Article is taken the decision to transfer it to use or lease, under the permission of the relevant executive authority may be closed by way of fencing or by any other means, provided that it does not restrict access to the seashore. Access to the said lands and land plots can be limited only by the decision of an relevant body of executive authority only in connection with ensuring economic interests and the interests of national security of the state. Graphical depiction of the said coastline shall be approved by an relevant body of executive authority. The coastline shall be established on the basis of the existing line connecting the water surface in the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan, which shall assume legal power after the present Law becomes effective, with the coast. In the graphic description of the coastal strip is also reflected the state of the line of water contact with the land, constant and changing under the influence of the nature, which is the basis for determining the strip from 20 to 50 meters. Fencing of the land located within the 20-50-meter coastal strip on public beaches (a beach with unlimited access that was created by the relevant executive authority or municipalities and leased to legal entities and individuals for these purposes) by fencing or otherwise without limiting access to the coast, is permitted if lattice type constructions, used in the fencing or blocking, do not limit the visibility of the sea and the line of contact of water with the land from the coast and when direct passage to the beach of at least 6 meters wide every 200 meters on the coastal perimeter of such fence or the building structure is provided, sufficient for vehicle traffic in order to ensure the protection of the state border.

Article 110. Responsibility for violation of this Code lies with those who violate the requirements of this Code, and they shall be liable in accordance with the Civil Code, the Code of Administrative Offences and the Criminal Code of the Republic of Azerbaijan. (8, 21, 29)

Article 111. 3. Bringing lands to the original condition (including the knocking down of buildings, facilities and installations located on them) shall be carried out by the legal entities and private individuals which had captured the lands or at their expense. If the lands arbitrarily occupied (captured) are not returned in an order established by legislation, the land plot shall be returned to its legitimate owner and the person who had occupied it shall pay the cadaster cost of the land (16).

Article 112. Compensation of the damage caused with breach of the land legislation by legal and physical entities shall be compensated due to the extent of damage caused as a result of breach of the land legislation.

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On 18 December 2015, the Milli Majlis adopted amendments to the Code of Administrative Offences of the Republic of Azerbaijan, providing for tougher penalties for restricting access to the seashore without the permission of the executive authority by building barriers in the coastal zone, passed at the plenary session of the Milli Majlis (Parliament) of the Republic on Friday.

The specified amendments included in the draft of a new version of the Code of Administrative Offences have been sent to Parliament by President Ilham Aliyev of Azerbaijan.

According to the amendments to the Article 88-2 "Illegal fencing of land areas located under 20-50 m coastal line of the Caspian Sea (lake) sector belonging to the Republic of Azerbaijan, or restriction of access to the sea shore" of the Code of Administrative Offences, in order to ensure economic interests and security of the state, physical persons will be fined 4 thousands; officials - 8 thousand manats; legal entities - 40 thousand manats.

In case of repeated commission of this offense physical persons who received an administrative penalty within a year will be fined 5,000 manat, officials - 10,000 manat, legal entities - 50,000 manat.

Prior to the amendments, the Administrative Violations Code provided for a maximum fine of AZN 250.

Article 46. Right of the state and municipality to own land

Lands of the water fund of the sector of the Caspian Sea (lake) owned by the Republic of -Azerbaijan; lands located underneath the coastal 20-50 m coastline of the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan;

2. The mentioned lands are in the exclusive property of the state and can be provided for use and lease in an order established by the present Code and other regulatory and legal acts. 2-1. Lands located underneath the coastal 20-50 m coastline of the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan, while remaining in the ownership of the state, cannot be alienated and, by the decision of an relevant body of executive authority, can be provide for use and lease in state purposes. Land plot that is underneath 20-50 m coastline of the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan, as regards of which in accordance with the first sentence of this Article is taken the decision to transfer it to use or lease, under the permission of the relevant executive authority may be closed by way of fencing or by any other means, provided that it does not restrict access to the seashore. Access to the said lands and land plots can be limited only by the decision of a relevant body of executive authority only in connection with ensuring economic interests and the interests of national security of the state. Graphical depiction of the said coastline shall be approved by an appropriate body of executive authority. The coastline shall be established on the basis of the existing line connecting the water surface in the sector of the Caspian Sea (lake) owned by the Republic of Azerbaijan, which shall assume legal power after the present Law becomes effective, with the coast. In the graphic description of the coastal strip is also reflected the state of the line of water contact with the land, constant and changing under the influence of the nature, which is the basis for determining the strip from 20 to 50 meters. Fencing of the land located within the 20-50-meter coastal strip on public beaches (a beach with unlimited access that was created by the relevant executive authority or municipalities and leased to legal entities and individuals for these purposes) by fencing or otherwise without limiting access to the coast, is permitted if lattice type constructions, used in the fencing or blocking, do not limit the visibility of the sea and the line of contact of water with the land from the coast and when direct passage to the beach of at least 6 meters wide every 200 meters on the coastal perimeter of such fence or the building structure is provided, sufficient for vehicle traffic in order to ensure the protection of the state border.

Article 110. Responsibility for violation of this Code by those who violate the requirements of this Code shall be liable in accordance with the Civil Code, the Code of Administrative Offences and the Criminal Code of the Republic of Azerbaijan. (8, 21, 29)

Article 111. 3. Bringing lands to the original condition (including the knocking down of buildings, facilities and installations located on them) shall be carried out by the legal entities and private individuals which had captured the lands or at their expense. If the lands arbitrarily occupied (captured) are not returned in an order established by legislation, the land plot shall be returned to its legitimate owner and the person who had occupied it shall pay the cadaster cost of the land.(16)

Article 112. Compensation of the damage caused with breach of the land legislation by legal and physical entities shall be compensated due to the extent of damage caused as a result of breach of the land legislation.