knowledge and skills, chosen by the state or private structures, including organizations by the state structure alienating for state needs via contest. Important part of the rules for the owners is that, if a number of persons, who are demanded to leave the alienated land for a place within a 100 metres away from that land, is more than 200, then the alienating structure has an obligation to prepare a resettlement plan, in other cases a resettlement instruction. Along with that, the Rule defines some guarantee for the persons, whose lands are alienated for state needs. These are in-kind and need-basedassistance for displacement, guaranteed residential space, at least, as good as the one the people have left, space for agriculture or business activity, and material and other kinds of help determined by considering the transition period necessary for the restoration of the amount and (or) earning methods and living standards into account. 3.2 Legislation protecting right to property In Azerbaijan right to property is regulated by two main legal documents the – Constitution of the Republic of Azerbaijan and the Civil Code. According to the article 29 of the Constitution and the article 152 of the Civil Code, right to property means acknowledged right, protected by the state, of a subject to possess, use and dispose of property (chattel) belonging to such subject on his own or together with others at their discretion. According to the article 157.9 of the Code, in case of existence of state needs, a property can be alienated by the state only in cases allowed by law for construction of roads and other communication lines, determining of boarders or construction of objects of defence-importance only after paying the compensation in accordance with market prices in advance. According to the law on Alienation of for State Needs of 20 April 2010, right to use and rent private, municipal, or state lands can be taken away for state needs, not depending on the constraints determined for the conditions under which the land is rented or being used. Land owners shall be notified a month prior to the alienation of the land for state needs. If they accept, the property owners shall be compensated. If the owner does not accept he can appeal to the court within 90 days. If the keeps the decision of the executive authority in power, the land owner shall leave the territory. In some cases the citizen wants to sell his land for higher price, in
knowledge and skills, chosen by the state or private structures, including organizations by the state structure alienating for state needs via contest. Important part of the rules for the owners is that, if a number of persons, who are demanded to leave the alienated land for a place within a 100 metres away from that land, is more than 200, then the alienating structure has an obligation to prepare a resettlement plan, in other cases a resettlement instruction. Along with that, the Rule defines some guarantee for the persons, whose lands are alienated for state needs. These are in-kind and need-basedassistance for displacement, guaranteed residential space, at least, as good as the one the people have left, space for agriculture or business activity, and material and other kinds of help determined by considering the transition period necessary for the restoration of the amount and (or) earning methods and living standards into account. 3.2 Legislation protecting right to property In Azerbaijan right to property is regulated by two main legal documents – the Constitution of the Republic of Azerbaijan and the Civil Code. According to the article 29 of the Constitution and the article 152 of the Civil Code, right to property means acknowledged right, protected by the state, of a subject to possess, use and dispose of property (chattel) belonging to such subject on his own or together with others at their discretion. According to the article 157.9 of the Code, in case of existence of state needs, a property can be alienated by the state only in cases allowed by law for construction of roads and other communication lines, determining of boarders or construction of objects of defence-importance only after paying the compensation in accordance with market prices in advance. According to the law on Alienation of for State Needs of 20 April 2010, right to use and rent private, municipal, or state lands can be taken away for state needs, not depending on the constraints determined for the conditions under which the land is rented or being used. Land owners shall be notified a month prior to the alienation of the land for state needs. If they accept, the property owners shall be compensated. If the owner does not accept he can appeal to the court within 90 days. If the keeps the decision of the executive authority in power, the land owner shall leave the territory. In some cases the citizen wants to sell his land for higher price, in
INT_CESCR_NGO_AZE_13441_E.docx