Doing Business in Azerbaijan 2009 - Azerbaijan Export ...
Doing Business in Azerbaijan 2009 - Azerbaijan Export ...
Doing Business in Azerbaijan 2009 - Azerbaijan Export ...
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42 DOING BUSINESS IN AZERBAIJAN<br />
Acquisition & ownership of land and property<br />
A progressive land reform was implemented <strong>in</strong> <strong>Azerbaijan</strong> <strong>in</strong> the<br />
1990’s. The country was one of the first among the former USSR<br />
republics to <strong>in</strong>troduce private ownership of land as well as free<br />
trade and transfer of titles to land and distributed the large portion<br />
of land to the population. A lot of formerly state owned real estate<br />
was also either sold or distributed to population and bus<strong>in</strong>esses.<br />
<strong>Azerbaijan</strong>i law provides for the follow<strong>in</strong>g basic rights <strong>in</strong> land:<br />
• Ownership<br />
• Lease<br />
• Use<br />
The real estate <strong>in</strong> the <strong>Azerbaijan</strong>i legislation is best match<strong>in</strong>g the<br />
term “immovable property”. Pursuant to the Law on State Register<br />
of Immovable Property (the “State Registration Law”), creation of<br />
rights <strong>in</strong> property (ownership and other rights), transfers and<br />
term<strong>in</strong>ation of rights are subject to state registration with the<br />
register of immovable property.<br />
The State Registration Law recognizes registration of the rights <strong>in</strong><br />
immovable property carried out by various state authorities prior to<br />
the date of the law and provides for data transfer to the register<br />
from various state authorities engaged <strong>in</strong> registration of rights <strong>in</strong><br />
immovable property <strong>in</strong> the past.<br />
The register <strong>in</strong> accordance to the State Registration Law will be<br />
available to a limited list of persons entitled to receive <strong>in</strong>formation<br />
on data ma<strong>in</strong>ta<strong>in</strong>ed <strong>in</strong> the Register. As a general rule, registration<br />
of property rights over immovable property shall be accomplished<br />
with<strong>in</strong> 20 days. The State Registration Law conta<strong>in</strong>s special provisions<br />
<strong>in</strong> respect of registration of certa<strong>in</strong> rights <strong>in</strong> immovable<br />
property: