Garib Mammadov, (Chairman, State Committee for Land and Cartography, Baku)

Garib Mammadov, (Chairman, State Committee for Land and Cartography, Baku) Legislative Sphere of Property Rights in Azerbaijan; Politico-legal Issues of Land Reform (Paper presented at the Conference by Mr. Ziyad Samedzade) The collapse of Soviet Union becoming the most significant event of XX century, has brought to former Soviet republics freedom and independence, but at the same time has involved them in a vice of political cataclysms and economic crisis’s. Destruction of economic, cultural, public - psychological relations built in decades resulted with big losses in Azerbaijan, as well as in other republics. Realizing the historical inevitability of the developed situation our people selected a correct political and economic rate on creation of new relations according to the conditions of the market economy. At the same time the numerous economic, political and other problems that arose in first three years (1991-1993), before the country became independent were not only not solved, but in fact were aggravated with attempts of revolution and political intrigues, and by the conflict with neighboring Armenia which resulted in putting almost one million our compatriots in the position of refugees and IDP’s. Because of the incompetence of leaders of the country production of an industrial output has fallen on 62 %, agricultural on 44 %, the standard of living of the population has considerably decreased. In such conditions the country needed in skilful, competent and great politician, known in the modern world, the competent and resolute leader, the head of the state who would deduce the country from heavy crisis. It is necessary to emphasize a special role of the President of Azerbaijan Heydar Aliyev in achievement of stabilization in the country and creation of political and legal preconditions for carrying out the land reform. As a result of wise and far- sighted internal and foreign policy of Heydar Aliyev who has taken up the responsibility for destiny of the country since the summer of 1993 the Azerbaijan Republic gradually began to leave a crisis condition. Cease-fire with Armenia and restoration of political stability inside the country allowed Heydar Aliyev to direct all attention to peaceful, creative work. One of the most important areas of the national economy, which is the focus of attention of the President of Azerbaijan from the date of becoming to power, is the agrarian sector. It is not by a chance. If to recollect 60th it is possible to see, that after Heydar Aliyev became to power of the republic, in agrarian sector, as well as in all other branches of economy of Azerbaijan, began an essential turn for the better. Since the second half of 1993 under the instruction of President Heydar Aliyev serious steps have been made for carrying out reforms in agrarian sector of the country. With this purpose world practice, especially experience of the countries living a transition period, first of all, have been consistently investigated, experiments in various areas of the country were carried out. For implementation of reforms under the instruction of the president Heydar Aliyev in December, 1994 and March, 1995 the special commissions were created for preparation and realization of bills of reforms in agrarian sector, reform of collective and state farms. We shall note, that since that period carrying out of the land reform which is a part of agrarian reforms, creation of new patterns of ownership on the land, formation of new landowners' relations and rules of legal regulation of these relations are reflected more than in 20 decrees signed by President Heydar Aliyev, and other normative-legal acts. As a result of a correct and precise agrarian policy of the president Heydar Aliyev since the second half of 90th, in agriculture of Azerbaijan began thorough and stable rise. Transfer of the lands to a private property resulted with basic changes people’s attitude to the land. The Azerbaijan peasant, who turned into the full owner of the land, has a desire effectively cultivate and properly care it. Direct result of the new attitude to the land is that in 1998 up to 80 % of agricultural production has been made in a private sector, and by the end of 1999 this parameter has made over 95 %. Growth of production due to the transfer of the lands to a private property has influenced on the import - export operations being the basic barometer of market economy. In other words, in comparison with the past years in 1998 the import has decreased in 2,6 times, and export has increased more than in 2 times and this tendency has proceeded the following years. From economical point of view the growth of production of agricultural products due to the land reform shows, that the new generation of farmers are people who are more efficient, their approach to all issues more creative and prudent in comparison with former collective farmers. The discontinuance of slump in production of agricultural and cattle-breeding production observed in the country in the beginning of 90th and achievements gained during short time have once again proved an agrarian policy carried out by the head of the state. 2. Principles of realization of the land reform in Azerbaijan. (Principles of issue solving on naming and establishment of borders of the land) Results of the first stage of land reform in Azerbaijan became the strong base to preparation of scientific and practical bases of its further development. The law of the Azerbaijan Republic "On the land reform", signed by the President of Republic Heydar Aliyev on June, 16, 1996, should be appreciated as an event of historical value in social, political and economic relations. Progressive in content and modern in form, the given Law in true sense of a word opened a new historical stage in land-proprietary relations in Azerbaijan. On the basis of the law having no analogue in the world, the land was transferred to each citizen free-of-charge and gratuitously having the right on reception of a land share according to its average norm. The law marks that the land fund of the country is subdivided into three patterns of ownership - state, municipal and private, thus at the first stage of land reform a part of the land fund of collective and state farms intended for transfer to a private property allocated between the citizens on the basis of the legal documents authorized by the state. The law also states that at the given stage the primary goal of the State Land Committee as an executive structure is to provide citizens with the corresponding document on the property right of the ground. Made calculations showed, in Azerbaijan was present 3 million 300 thousand subjects having the right on reception of a land share, in other words, 830 thousand families. From 2005 facilities existing in republic 41 were kept under the state ownership for those or other purposes (breeding, seed, etc.), other facilities were involved in reform process. Institutional support of the land reform The essential financial help in carrying out of land reform has also been rendered by the European Commission within the framework of the Program of food independence of the Azerbaijan Republic and the World Bank at realization of the project of privatization of facilities. In preparation and realization of land reforms the important role belongs to the State Commission on agrarian reform created on the eve of reform by the special decree of the President of the Azerbaijan Republic. This commission has played very important role especially at a previous stage to land reform, and now its versatile activity stimulates implementation of many aspects of land reforming. A lot of the normative-legal acts and regulations prepared by this commission have been authorized by the decree of the President of the Azerbaijan Republic "On the approval of some normative-legal acts ensuring the implementation of agrarian reforms" January 10th, 1997 № 534. However for realization of such scale reforms developed from the whole complex of actions was necessary to create "headquarter", "the brain center" capable on scientific basis operatively solve the numerous issues inevitably arising during the implementation of the land reform. Such body became the State Land Committee of the Azerbaijan Republic. Implementation of the land reform in Azerbaijan began on January 10th, 1997, from the date of signing the decree № 534 by the President of the Azerbaijan Republic "On application of the Law of the Azerbaijan Republic" On the land reform". It is necessary to especially emphasize that this decree endorsed the performing responsibility of the State Land Committee of Azerbaijan for realization of reforms in the country. The State Land Committee has started to carry out its activity since 1992. Together with executive structures, regional land departments, Azgiprozem and Center on the land cadastre, monitoring and information which are the parts of it, the SLC carries out the control over the use of uniform land fund, performs works on a land cadastre and monitoring, prepares annual balance of the lands of the country, executes works on transfer of collective, state farm lands to a private property according to requirements of the Law "On the land reform", prepares and gives out to citizens the State certificate on the property right of the land, determines groups of quality lands through researches of the land and simultaneously puts into a practice all other tasks following from authorized Regulation. In spite of the fact that SLC has been carrying out its activity since 1992, as a real executive structure it started actively functioning only in 1993. In 1996, after the acceptance of important economic and political decisions by the head of the state President Heydar Aliyev, especially significant for realization of land reforms, and coming into force on June, 16, 1996 the Decree of the President "On application of the Law of the Azerbaijan Republic" On the land reform" the SLC started working on documenting and preparation of complex land construction projects for realization of reforms.

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