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Legislative framework in the sphere of property rights in Azerbaijan, problems, negligence of executive powers, illegal seizure of citizens' properties, experience of local courts and European Court of Human Rights in this area were the main topics of discussion at the round table held in the Park Inn hotel on July 16. The forum on the topic of "Protection of property rights by the court: success and challenges" held as the completion of the US Embassy-supported project was attended by a number of MPs, representatives of some executive agencies, experts, well-known lawyers and jurists. Only 3 to 5 percent of the decisions regarding the property issues passed by the Azerbaijani courts can be considered fair. A part of those decisions are affected by personal relationships. As a rule, local courts do not grant the claims against the State Oil Company, Executive Power of Baku City, Land Committee, and Property Committee. Many decisions of the European Court of Human Rights stay unexecuted. "The Cabinet of Ministers decision regarding enforcement of the bill and the law on the acquisition of lands for state needs is a positive case. But a lot of problems do stay in the area of the execution of the laws and judicial review" -- said the president of the Azerbaijani Lawyers Association Annagi Hajibayli. "It is a vain talk to claim that property rights are protected in Azerbaijan in light of so many violations. Property rights are violated even in the process of laying out parks", said MP Fazil Gazanfaroglu. It was noted that there are 500 thousand constructions in Baku without deeds and addresses; the number of them is higher in the regions. It creates a problem between the government and citizens. Hundreds of complaints have been sent to the European Court of Human Rights about property issues. "Azerbaijani government has not executed more than 50 decisions of the European Courts. While, on the other hand, people get sentenced to community service of 220 hours for not executing the rulings of local courts", said the chief of the Legal Education Society, Intigam Aliyev. The experts talked about the illegal seizure of citizens' houses by the IDPs and the importance of the execution of court decisions in this regard. "There are programs about the resettlement of IDPs and this program is being executed", said Ali Huseynov, the head of the committee on legal policy and state-building of the parliament. It was mentioned that 40 thousand cases of compulsory resettlement were recorded in Baku during the last years. Majority of the legal violations occurred during the construction of the Flag Square. The road leading to the Flag Square was constructed under the pretense of extending the Baku-Alat highway. 64 million dollars were allocated on the construction of 2 kilometers of the road, while each of the 28 soldier families living there received only 10 thousand dollars in compensation for eviction. Lawyer Anar Gasimli in his turn talked about the violations of property laws during the construction of the Shahdag Tourism Complex, where the compensation was determined at only 24 manats per one hundred square meter of land. Whereas the real cost of the lands in the area is a few thousand dollars. "81 families raised claims in the court. Nine of the claimants died since then. But the court still hasn't reviewed the claims", said the lawyer. Lawyer Irada Javadova noted that the highest compensation paid to the citizens in Baku is 1,500 manats per one square meter. "Whereas, the amount you have to pay for one square meter in a building built in the same area is 15 thousand manats", said the lawyer.
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Added: 2013-07-16
Category: Mülkiyyət hüququ
Duration: 0:06:05