Base de Datos Género y Derecho a la Tierra


Legislación de tierras

1993, Law on Privatization of State Property:
- Was prepared in connection with the National Programme for Privatization of State Property, 1995–1998. The Law states the general principles and procedures for privatization of state property. It also says that foreign legal and natural persons may take part in the privatization programme only in accordance with the legislation of Azerbaijan and the State Privatization Programme (15).

- The Constitution states that property in Azerbaijan can take the form of state property, private property or municipal property and that each form of ownership is equally recognized. It defines property rights and says that such rights are protected by the state (15).

1996, Law on Land Reform:
- Defines the basis for carrying out land reform and covers the entire land fund of Azerbaijan whether the land is in state, municipal or private ownership. Private ownership includes parcels legally used by citizens, such as land under residential houses, household parcels, individual, collective and cooperative gardens, land under management of state-owned dachas and privatized land of state and collective farms.
- Specifies who can obtain ownership rights and land use rights. It also enumerates landowners’ rights.
- According to the Law, the various types of ownership have equal status and are protected by the state. The Law determines how state and collective farm lands can be privatized and outlines the consequences of violating the legal requirements of the land reform (15).

1999, Land Code:
- Establishes the framework and principles for land ownership, use and lease, transfer and related compensation. It defines the property rights of the state, municipalities, private individuals and legal entities. These forms of ownership are equally recognized and protected by the state.
- States that only citizens of Azerbaijan may own land parcels and foreigners may only lease them.
- Empowers the state and municipalities to reclaim land for municipal and public needs.
- Includes regulations regarding registration of rights in land, land valuation and land taxation and payments. It also defines roles for resolving land disputes.
- States that rights in land parcels must be registered in the State Land Cadastre and the State Land Registry. Unregistered rights are not protected by the state (15).

1998, Law on Mortgage:
- Specifies what can be subject to mortgage and the types of mortgages. It states that mortgages on real property should be registered and specifies the registration procedure. It also has regulations regarding the responsibility of the body carrying out the registration and the rights and obligations of the mortgager and mortgagee (15).

1992, Law on Leasing:
- States that corporate organizations and bodies which are wholly or partially owned by foreign investors may lease property from the owner, not from whoever is currently using or controlling the property. The latter type of lease is available only for national corporate bodies (15).

1998, Law on State Land Cadastre, Land Monitoring and Land Use Organization:
-  Regulates the organization and management of land cadastral, monitoring of lands and land use organization within a unified land fund of Azerbaijan (15).

1999, the Civil Code:
- Has provisions on how transactions in real property shall be conducted. It defines the types of legal interest that can apply to real property in general and land in particular.
- Requires that legal interests in real property be registered (15).

1998, Law on Land Lease:
- Defines the legal basis for leasing state, municipal and private land and issues related to the lease of land. State and municipal land can be leased to persons and legal entities that are conducting activities for the purpose of earning a profit. Foreigners, persons without citizenship, international organizations, enterprises belonging to foreign investors and foreign states may enter into lease relationships but exclusively as tenants and subtenants (15).

1999, Law on Land Market:
- Sets rules for the organization and regulation of the land market, legalizes rights created in the land market, regulates situations where the Law is violated and provides instruments to solve disputes. Legal entities and citizens of Azerbaijan can participate in the land market as owners, users, mortgage lenders and borrowers, and as participants in purchase-sale transactions and other types of transactions like leasing. Land transactions will be based on market prices for land rather than fixed prices (15).

2004, Law on State Register of Real Estate:
- Governs the procedure for registration of ownership rights in immovable property and other property rights, creation, limitation – encumbrance – and transfer of property rights. The Law has regulations concerning who is entitled to obtain data from the Register.
- States what the Register consists of and how it is operated.
- Sets the regulations for unified state real estate registration. The Law acknowledges the property rights registered by other registration bodies before the Law became effective, and it has regulations regarding submission of information from the former registration bodies to the new Register.
- Has provisions regarding cancellation of rights, refusals from registration, corrections of technical mistakes that occur during registration and registration of leasing and land use rights.
- Has provisions in the event of violation of the relevant legislation (15).

Rules on Keeping the State Register of Real Estate,  approved by the President Decree of October 2004:
- The State Register shall be compiled and kept by the State Register of Real Estate. It shall consist of electronic and paper documents.
- There are provisions regarding rights formed before the State Register of Real Estate was established (15).

2005, Charter of the State Register of Real Estate: 
- States that the central executive body developing and keeping the State Register of Real Estate is the State Register Service of Real Estate. It lists the tasks and responsibilities of the Service that will keep the Register updated in accordance with the current legislation and how the Service is to be built up (15).

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía