Statute

DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN TO ENSURE THE ACTION OF STATE COMMITTEE ON PROPERTY ISSUES OF THE REPUBLIC OF AZERBAIJAN

With the objective to ensure the action of the State Committee on Property Issues of the Republic of Azerbaijan, I decide:
1. to approve the “Statue of the State Committee on Property Issues of the Republic of Azerbaijan”(is attached).  
2. to approve “the structure and subordinated bodies of the State Committee on Property Issues of the Republic of Azerbaijan” (attached).
3. to approve the “Statue of the State Service for Registration of Real Estate under the State Committee on Property Issues of the Republic of Azerbaijan” (attached).
4. to establish Auction Center for Organization of Auctions under the State Committee on Property Issues of the Republic of Azerbaijan on the base of Auction Center  for Organization of Specialized Auctions of former State Committee for Management of State Property of the Republic of Azerbaijan. 
5. to approve the “Statue of the Auction Center for Organization of Auctions under the State Committee for Property Issues of the Republic of Azerbaijan”(attached).
6. to define the limit for the member of staff of the State Committee on Property Issues of the Republic of Azerbaijan and its structural state bodies as 726 staff units, including member of staff of the State Committee apparatus as 260 staff units, member of staff of territorial units as 315 staff units, member of staff of the State Registry Service of Real Estate under the State Committee on Property Issues of the Republic of Azerbaijan as 80 staff units, member of staff of the Auction Center for Organization of Auctions under the State Committee for Property Issues of the Republic of Azerbaijan as 71 staff units.
7. to entrust the Cabinet of Ministers of the Republic of Azerbaijan to execute the followings:
7.1. to resolve issues related to financial supply of the State Committee on Property Issues of the Republic of Azerbaijan and its structural bodies for the current year within ten days time period;
7.2. to take respective measures related to support the activity of subordinated bodies of the Committee by considering proposals of the State Committee on Property Issues of the Republic of Azerbaijan within 1 month time period;
7.3. to prepare and submit to the President of the Republic of Azerbaijan the proposals on conformity of valid legislative acts to this Decree and management of state property, improvement of  legislation regulating the registry of rights over real estate within 2 month time period;
7.4. to ensure conformity of normative juridical acts of the Cabinet of Ministers of the Republic of Azerbaijan to this Decree and to inform the President of the Republic of Azerbaijan accordingly within 1 month time period. 

7.5. to resolve all issues set forth from this Decree.

8. to entrust the State Committee on Property Issues of the Republic of Azerbaijan that, to found the Center for Real Estate Cadastre and Technical Inventory and Information Management Center under the Committee with juridical entity status and approve their charters. 
9. to entrust the Ministry of Taxes of the Republic of Azerbaijan that, to ensure state registry of Center for Real Estate Cadastre and Technical Inventory and Information Technologies and Information Management Center to be established under the State Committee for Property Issues of the Republic of Azerbaijan.
10. to entrust executive power exercise cadastre of different real estate objects in accordance to legislation that, to submit their information about the cadastre to the State Committee for Property Issues of the Republic of Azerbaijan on quarterly basis.
11. to entrust the State Committee for Property Issues of the Republic of Azerbaijanthat, to submit respective information of single cadastre of real estate to the executive body conducting cadastre of different types of real estate objects in a manner defined by law on quarterly basis. 
12. to consider item 1, 6 and 7 of the Decree (Volume of Legislation of the Republic of Azerbaijan, 2005, № 8, Article 718;  2006, № 1, Article 11, № 5, Article 409; 2007, № 6, Article 606; 2008, №11, Article 970) № 286 dated 30 August 2005 of the President of the Republic of Azerbaijan “On Approval of the Statue  on State Service for Registration of Real Estate of the Republic of Azerbaijan” and Decree (Volume of Legislation of the Republic of Azerbaijan, 2005, № 11, Article 1008;  2006, № 2, Article88; 2007, № 6, Article 606; 2008, №11, Article 970) № 313 dated 16 November 2005 of the President of the Republic of Azerbaijan “On Approval the Statue of the State Committee for Management of State Property of the Republic of Azerbaijan” as lost their force.  

Ilham Aliyev
President of the Republic of Azerbaijan

Baku city, 24 June 2009.

 

Statue of the State Committee on Property Issues of the Republic of Azerbaijan

Approved by the Decree dated 24 June 2009 of the President of the Azerbaijan Republic

I. General Provisions
1. State Committee on Property Issues of the Azerbaijan Republic(hereinafter referred as “the Committee”) is the central executive body implementing state policy and regulation in the fields of real estate management and its privatization, attracting investments and conducting state registry and cadastre of the real estate in the Republic of Azerbaijan.  
2. Activity of the Committee is guided by the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decisions and orders of the Cabinet of the Ministers of the Republic of Azerbaijan, international agreements Azerbaijan Republic is the signatory of, and this Statue.
3. The Committee, in executing of its functions and implementing its rights, acts on the basis of mutual relationship with central and local executive bodies of the Republic of Azerbaijan, local self-government authorities, as well as international and non-governmental organizations, other juridical and physical entities.   
4. The Committee possesses an independent balance sheet, state property assigned in accordance to the legislation, treasury and bank accounts, a seal with engraved picture of State Emblem of the Azerbaijan Republic and its name, relevant stamps and head papers. 
5. Maintenance costs and activity of the Committee are funded by the public budget of the Republic of Azerbaijan and other sources as considered by the legislation.
6. The Committee is located in Baku city.

II. The Directions of the Action of the Committee
7. The Directions of the Action of the Committee are followings:  
7.1. participates in formulation of public policy in the field of public property management, its privatization, attraction of investments into this sector and state registry of property rights for real estate and ensures implementation of this policy;

7.2. manages state property located in the territory of the Republic of Azerbaijan and in foreign countries as defined by law and issues orders on such property, takes necessary measures aimed at increased efficiency of the management of state property;
7.3. in accordance to the legislation, implements privatization of state property, including state apartment fund and lands;
7.4. conducts registration of state property and its agreed acts, organizes inventory of state property;
7.5. as defined by legislation, ensures attraction of investments into state enterprises declared open for privatization, takes measures in the field of preparation of to be privatized state enterprises and their rehabilitation;  
7.6. as defined by legislation, supports development of privatized enterprises and ensures implementation of necessary measures in the field of stimulation of their activity, ensures control over investments made by the new owner of privatized state enterprises;   
7.7. develops and conducts state registry of real estate, implements state registry of property rights and rights over other items of real estate;
7.8. ensures conducting of unified cadastre of real estate and address registry and issuing addresses to real estate objects;
7.9. ensures conducting necessary inventory works for registration of property right over real estate and rights over other item and compiling respective technical documents, drawing up plan and measure of land lots as defined by law;
7.10. organizes evaluation of real estate, including, constructed facilities, buildings, installations, dwelling and non-dwelling areas, individual dwelling houses and cottages, as well as enterprises. as considered by law;
7.11. acts on other directions as defined by law.

III. Duties of the Committee  

8. The Committee fulfils following duties in accordance to the directions of its action defined by this Statue:   
8.1. to implement normative regulation within the framework of its powers in the field of state property management, its privatization, to issue orders about state property, to attract investments into state enterprises declared open for privatization, to compile and carry out state registry and unified cadastre of real estate, to register property right over real estate and rights over other item;
8.2. to develop drafts and ensure implementation of state program for management of state property, state program for rehabilitation of state enterprises before privatization and supporting their operation after privatization, state program for privatization of state property, state programs for state registry of real estate and conducting state cadastre;
8.3. to coordinate the activity of relevant executive bodies, state enterprises and organizations related to state property management and privatization;
8.4. to carry out privatization of state property in a manner defined by law and to supervise observation of the terms and conditions of purchase-sale agreements signed with the buyers of state property;
8.5. to organize development and implementation of on purpose programs within its powers together with relevant central executive bodies;
8.6. to participate in preparation of proposals for formation of securities market within its powers;
8.7. to participate in development and implementation of state support mechanisms for development of social sectors, in determination of flat-utilities reforms and directions of infrastructure projects within its power;
8.8. to issue orders about state property, to supervise state property management and efficient use of it,  to conduct monitoring and research of state enterprises, regardless of sector and subordination, and of juridical entities having state share in their authorized capital, in a manner defined by law;
8.9. to make proposals related to renewal, re-evaluation, preparation of depreciation norms of major funds of the Republic of Azerbaijan and to participate in their application within its power;  
8.10. to execute supervision of state property protection and preservation, to organize drawing up inventory list of state property by state enterprises and organizations in a manner defined by law, to approve the change on the assignment of state property;
8.11. to prepare statistic report templates together with relevant state bodies on use of state property, to analyse efficient use of state property on its assignment on the basis of reports on use of property and inventory list of property, to introduce to relevant state bodies the information about the behaviour of the management of enterprises and organizations violating respective legislation;
8.12. to organize conducting registry of state property, with this objective, to obtain necessary information from central and local executive bodies, state organizations, to take officials violating the legislation under legal responsibility;
8.13. to conduct inventory works related to real estate through its subordinated body and to compile relevant technical documents, as well as to draft new plan and make measurements in cases of registry of rights over land lots with buildings, facilities, dwelling and dwelling houses, individual houses, cottages and enterprises on it, as well as transfer and restriction (collateralization) of these rights after completion of state registration by the state  registry;
8.14. to organize evaluation of real estate and exercise supervision in this area, in a manner defined  by law; 
8.15. to rent and use of real estate state property, including the lands where the objects being under use of state enterprises and state property are located, to conduct registry of acts signed for this purpose, to develop and submit the proposals related to determination of rent rates, to approve the rent and use of movable state property and to exercise control in this area, in a manner defined by law;
8.16. to supervise efficient use of non-dwelling areas under state property and to submit proposals on accommodation of state organizations; 
8.17. to approve collateralization of state property and conduct registry of acts of such operations, as well as to approve collateralization of objects(fixed assets) owned by juridical entities with state share in authorized capital; 
8.18. to exercise powers of the seller of state property, to approve the sale of objects(fixed assets) owned by juridical entities with state share in authorized capital;
8.19. within its power, regardless of subordination and sector identity, to approve balance to balance transfer and to provide comment on write off of the objects(fixed assets)  under state property as well as those owned by juridical entities with state share in authorized capital;
8.20. as defined by law, to act as founder and participator of state-owned enterprises and juridical entities with state share in authorized capital, to approve establishment, re-organization, liquidation of state-owned enterprises(including their branch and offices) by the state organizations, and as well as to approve investment of state property as a share in establishment of juridical entities regardless of organizational-juridical formation; 
8.21. with exception of the cases determined by the President of the Republic of Azerbaijan, to organize management of enterprises established on the basis of state property or with shares belong to the state, to appoint managers for these enterprises within its power, to sign labor contracts with them;
8.22. to approve charter of state enterprises in a manner defined by law and approve adoption of charters of juridical entities with 20% or more state share in the authorized capital;
8.23. to approve the change in the amount of state share in joint ventures and to exercise the supervision on efficient use of such share within its powers;
8.24. with exception of the cases determined by the President of the Republic of Azerbaijan, to ensure preserving and management of state-owned shares in the authorized capital of enterprises, to exercise the control for their efficient use, including to assign the shares to juridical or physical entities in a manner defined by legislation;
8.25. in a manner defined by law, to make proposals on giving out state property(objects) and state shares in the authorized capital of juridical entities for management, to organize interviews and to sign agreements for this purpose and to exercise the supervision of execution of these agreements;
8.26. to analyse the activity and finance situation of state enterprises and enterprises with state share in their authorized capital without repayment capacity and to provide relevant statement, and in necessary cases to implement bankruptcy procedures of privatized enterprises and objects in a manner defined by law; 
8.27. to organize the sale of property of state enterprises announced bankrupt and property owned by state of the juridical entity having state share in authorized capital, in a manner defined by law; 
8.28. to introduce state property for municipal property and to implement submission of  property for municipal property on the basis of decision made in a manner defined by law;
8.29. to organize purchase and sale of property on behalf of the Republic of Azerbaijan;
8.30. when signed acts on state property resulted with damage on economic interests of the Republic of Azerbaijan, with the exception of the cases determined by the President of the Republic of Azerbaijan, to go to court with claims on signed acts, and as well as to represent the interest of state in court disputes with the juridical entities having state share in authorized capital; 
8.31. to take measures within its power in order to prevent the cases of illegal seizure and illegal use of objects(property) owned by state and privatized enterprises and land lots, for this purpose to inform relevant authorities, including to put in a claim at court; 
8.32. with the purpose to protect property rights within its power, to represent the Republic of Azerbaijan in relevant bodies of foreign countries;
8.33. to participate in the analysis, forecasting of development of different sectors of economy related to state property management and privatization, in determination of perspective development directions, in preparation and implementation of relevant development programs, within its power;   
8.34. to take necessary measures for production of competitive goods in state enterprises announced open for privatization and enterprises undergoing privatization, to analyze current situation of state enterprises, development trends and privatization opportunities and to develop and submit relevant proposals within its power; 
8.35. to make decision on privatization of state property by the methods defined by law and to implement privatization within its power;
8.36. to exercise state property privatization process on the basis of public control and transparency principles;
8.37. to implement sale of state property through its subordinated body within its power, including the sale in auctions of confiscated property taken for state ownership, and those being under arrest for debts in defined cases; 
8.38. to implement measures on re-structure of state enterprises approved for privatization and rehabilitation prior to privatization;
8.39. to organize evaluation of the property of state enterprises and objects approved for privatization, state share in the authorized capital of joint ventures, as well as real estate regardless of the type of property, to define initial (start) sale price of state property in accordance to legislation, in necessary cases, to involve advisors and independent evaluators for this purpose; 
8.40. to exercise evaluation and sale of privatized state enterprises and objects, and land lots where the enterprises and objects constructed by physical and juridical entities are located on, in accordance to the acts of legislation;
8.41. within its power, to exercise discharge of any units(building, installation, facility and other property) from subordination of state enterprises and organizations and their separate privatization, as well as to take under its disposal of the property unfit and unnecessary for the operation of state bodies, organizations funded from public budget and state economic subjects upon their applications;   
8.42. to make proposals on balance-to balance transfer of social-cultural, communal-living, civil defence, mobilization objects and other property of which privatization not considered by law, of privatized enterprises and objects, as well as liquidated state organizations and enterprises, and to exercise the control on balance-to-balance  transfer of property on the basis of approved decision;   
8.43. to sign purchase-sale and collateral agreements on privatization of state property, to conduct their registry and to ensure its execution;
8.44. to organize privatization through investment interviews of state enterprise and objects within its power, to sign agreements of such operations and to exercise control on execution of these agreements;
8.45. to involve financial advisors into preparation of state property privatization, evaluation and sale process and to sign relevant agreements with them;
8.46. to approve decision on transforming state enterprises onto joint stocks, to act as a founder, to ensure state registration and privatization of these enterprises, to appoint state representative in management structures of joint stocks joint ventures with state share in authorized capital,  within its power;
8.47. to approve sale, rent and alienation in other rules, of the movable and immovable property owned by joint stocks founded and fully privatized in the process of state property privatization; 
8.48. to rent out the real estate owned by joint stocks of which all shares belong to state or decision made on holding the control package under state property, to approve rent out of movable property and exercise control in this area; 
8.49. to sign acts on privatization of state share in the authorized capital of joint ventures and to issue certificates on the sale of such share to buyers;
8.50. to conduct statistic and accounting reports of the funds obtained from privatization, rent out and other implemented operations of state property, to ensure inclusion of such funds into public budget;
8.51. to use the funds obtained from privatization of state property through their allocations defined by legislation with the purpose of covering the costs of involving independent financial advisor in privatization of state property, organizing information supply related to privatization and rehabilitation of enterprises prior to privatization, supporting the operation of enterprises after privatization, financing of conducted measures, preserving and protecting of state property, representing of the Republic of Azerbaijan in respective bodies of foreign countries as well as at courts related to protection of property rights;  
8.52. to provide reports, in a manner defined by law, on execution of state programs approved on the areas of directions of its action;
8.53. to ensure execution of international agreements the Republic of Azerbaijan is a signatory within its power;
8.54. to cooperate with international and regional organizations related to execution of issues related to state enterprises announced open for privatization and their privatization, to participate in events organized by them and respective bodies of foreign countries; 
8.55. to define and implement the strategy for involving foreign investments into state  enterprises announced open for privatization and related to their privatization within its power; 
8.56. to implement measures with the purpose to attract investments into state enterprises announced open for privatization, including their privatization, to provide opinion about economic efficiency and expediency of investment projects (programs) related to these measures, to exercise control on protection of state interests during execution of agreements signed in the field of attracting investments into state enterprises announced open for privatization, including their privatization within its power;
8.57. to organize competitions of investment projects by involving relevant ministries, committees and organizations with the purpose to use the loans lent to state enterprises announced open for privatization, including loans of international financial-economic organization and foreign countries related to their privatization, within its power;
8.58. to exercise the control on purposeful and efficient use of foreign credits (aids) given these enterprises and coordinate financial and technical assistances to state enterprises announced open for privatization, including those related to their privatization, within its power; ;
8.59. to establish databank on opportunities of investments inflows into state enterprises prior to privatization and privatized enterprises, to organize dissemination of necessary information related to opportunities of these enterprises among potential investors;
8.60. to implement measures in the field of development and implementation of investment projects related to state enterprises announced open for privatization, including their privatization, to develop and submit relevant proposals to ensure execution of investment projects with special significance aimed to support the activity of privatization of state property and privatized enterprises, within its power;
8.61. to implement appraisal of proposals on investments into  state enterprises announced open for privatization, including their privatization, within its power;
8.62. to represent the state in negotiations with foreign investors related to state enterprises announced open for privatization and their privatization, to protect legal interests in the field of investments into state and privatized enterprises;
8.63. to conduct recording of enterprises in the Azerbaijan Republic with foreign investments, to conduct analysis and implement necessary measures with the objective to ensure identification and avoidance of problems existing in this area; 
8.64. to prepare proposals and implement measures related to creation of enabling environment for efficient performance of privatized state enterprises, improvement of investment climate and stimulation of investments;
8.65. to exercise control on fulfilment of obligations and conditions considered in signed acts on privatization by new owners of privatized enterprises, including made investments (its directions, volume and durations), social, economic and other requirements;
8.66. to investigate performance indicators with the purpose to ensure efficiency of investments and supporting the operations of state enterprises after the privatizations within its power and conduct monitoring on regular basis;
8.67. to analyze conformity of re-establishment and disposal privatized enterprises and objects and to raise issues in front of relevant authorities on discovered violations in this area, within its power; 
8.68. to conduct relevant analysis on investment inflow, financial, credit, tax, information-methodical, human resource preparation and other fields with the purpose to enhance entrepreneurship activity of privatized enterprises, to meet domestic demand on the account of local production, increasing competitiveness, and to prepare proposals on application of modern technologies, to ensure implementation of measures to accelerate innovation process,   within its power;
8.69. to approve permits and right of use of land lots being under state property and where the privatized enterprises and objects are located on,  to other juridical and physical entities, to conduct constructions, reconstruction and mounting works on these land lots, and changes in their assignments, to conduct monitoring with the purpose to investigate the status of use upon their assignments of land lots where the state and privatized enterprises and objects are located on, within its power; 
8.70. to investigate constructions, reconstruction and mounting works on land lots, being under state property and where state, as well as privatized enterprises and objects are located on, without undergoing state registry of respective rights over the land lot as considered in legislation, and to implement measures as considered in the legislation, within its power, on avoidance of discovered violations, including, to inform authorized state bodies about these cases;
8.71. to act as proprietor on behalf of the state in land structure works conducted with the purpose to record land lots being under use of state enterprises, as well as where the privatized state objects are located on, to define and specify of their boundaries, and to take measures, in a defined manner, for conducting these works;
8.72. to investigate estimation and payments of dividends from juridical entities having state share to the public budget, to raise issues in front of relevant authorities on discovered violations in this area; 
8.73. to ensure protection of rights of the members of trade unions and social equity principle in the process of privatization;
8.74. to approve directing of debt payments caused by delayed tax payments and other debts  of the state, privatized enterprise and objects into the property, within its power; 
8.75. with the purpose to support the operation of enterprises being under privatization, to participate in organization of public orders arrangement to privatized enterprises and objects in order to regulate mutual relations of privatized enterprises and objects with public enterprises and to coordinate their activity, as well as to meet the demands of the state, within its power;  
8.76. within its power, with the purpose to improve state property management, to agree the long-term development plans of state enterprises related to increasing productive efficiency, to give opinions on perspective development and business plans of state enterprises, and in necessary cases of privatized enterprises and objects, to make recommendations related to enhancement of investments;
8.77. within its power, to ensure implementation of state program on privatization of state property, management and privatization of state property, issuing orders and conducting registry of such properties,  to attract investments into state enterprises declared open for privatization, including attracting investments into their privatization process, to exercise control over investments made by new owner of the enterprises after the privatization of state enterprises, to prepare and approve, in a defined manner, the methodical and other necessary documents  related to state registry of rights over real estate;
8.78. within its power, to take respective measures against juridical and physical entities violated existing legislation in the field of investment operations of state enterprises declared open for privatization, including attracting investments into their privatization process;
8.79. with the purpose to determine respective measures in the field of determination state of use of state property, conducting analysis for rehabilitation of enterprises prior to privatization, to increase efficiency of investments into state enterprises declared open for privatization, including investments into their privatization process, and supporting the operation of privatized enterprises, to organize investigations, as defined by legislation in state and privatized enterprises;
8.80. to participate in preparation of proposals on maintenance and utilization of state material reserves;
8.81. to register officially of issuance of state flat fund to private property with the terms and rules as defined in legislation;
8.82. to officially register issuance of individual living houses under use of citizens, courtyards, individual, collective and cooperative gardens, land lots being under the management of state gardening entities into their properties in a manner defined by legislation; 
8.83. to conduct state registry of real estate through its respective structural bodies, to conduct registration of property right over real estate and rights over other items; 
8.84. to compile and conduct single cadastre of real estate through its subordinated body;
8.85. to compile and conduct address registry through its subordinated body, to issue addresses to real estate objects, to upload  information kept at address registry and considered as disclosed data on the internet site;  
8.86. to prepare names of transport infrastructure objects considered as address properties entered into address registry and boards reflecting the numbers of real estate objects in a manner defined by law and replace them in real estate objects; 
8.87. to ensure provision of information on single cadastre of real estate in a manner defined by law, one the basis of applications of state and local self-government bodies, physical and juridical entities;
8.88. to provide relevant proposals on amount of state fees and service fee tariffs for the directions of action, to ensure generalization of indicators in relevant fields, to conduct statists, and establish databank;  
8.89. to ensure implementation of human and citizen rights and freedoms and to prevent their violations within its power;

8.90. to ensure efficient use budget funds allocated in the field of state property management, its privatization and state registry of rights for real estate, incomes from service fees for the services offered by its subordinated bodies, credits, grants and other financial funds, to ensure transfer of state fees paid in accordance to legislation to public funds;
8.91. to organize conducting conferences, seminars, training courses related to its activity, to conduct advocacy and awareness campaign on privatization of state property, to inform public, to establish internet site, uploading the information under its possession and those considered as to be disclosed by legislation and to ensure constant update of such information; 
8.92. to ensure personnel training in the field of state property management and privatization, as well as registry of rights on real estate, to take measures to prepare experts and to increase professional skills;
8.93. to take measures within its power in the direction of improvement of the structure of the Committee and improvement its functions;
8.94. to consider complains related to the activity of the Committee and to take measures as defined in legislation;
8.95. to implement other functions as considered in legislation in accordance to directions of action.

IV. Rights of the Committee

9. The Committee has the following rights to implement its functions:
9.1. to prepare or participate in preparation of drafts of legislative acts regulating state property management and privatization, attracting investments into this area and state  registry of rights on real estate;  
9.2. to issue orders on mandatory execution to state enterprises in cases defined by law, and governing their functions;
9.3. to obtain necessary information (documents) within its power from central and local executive bodies, juridical and physical entities in a manner defined by law;
9.4. to act with an initiate on interest of the Republic of Azerbaijan to be adherent to international agreements in state property management and privatization, state registry of rights over real estate;  
9.5. to cooperate with respective international organizations, relevant state bodies of foreign countries in a manner defined by law, to study respective experience of foreign countries; 

9.6. to provide comments on directions of its action, to conduct analysis, generalizations, researches, to prepare analytic materials and submit proposals;

9.7. in order to develop and implement the issues given to its authority, to involve foreign and local experts and advisors, advisory companies, to sign contracts with them;
9.8. with the objective  to exercise its power in accordance to legislation, to sign contracts, to ensure use of funds earned from service fees paid for the services provided on the directions of action of its subordinated bodies; 
9.9. to participate at the court on its behalf;
9.10. for exercising of its powers in a defined manner, to establish subordinate bodies with juridical person status, to re-establish and terminate them; 
9.11. to found periodic press office in a manner defined by legislation, to publish specific bulletins and other publications; 
9.12. to execute other rights defined by legislation in accordance to the directions of function.

V. Organization of the activity of the Committee

10. The apparatus and its structural and subordinated bodies(juridical persons, organizations and et c.) of the Committee comprises single system of the Committee. The Committee performs its functions directly and through these bodies.
11. The structure of the Committee, the apparatus of the Committee and total number of staff of its structure are determined by the President of the Republic of Azerbaijan.  The list of subordinated bodies (juridical entities, organizations and et c.) beyond the structure of the Committee is approved by the Cabinet of Ministers of the Republic of Azerbaijan.
12. The Committee is chaired by the Chairman of the Committee who is appointed and discharged by the President of the Republic of Azerbaijan. The Chairman of the Committee is personally responsible for execution of the entrusted functions to the Committee and implementation of its rights.
14. Chairman of the Committee:
14.1. organizes and chairs the activity of the Committee;
14.2. approves statues(charters) of structural bodies of the apparatus of the Committee, its territorial (local) units, subordinated bodies(juridical entities, organizations and et c);  
14.3. approves structure, time-sheet of staff, cost estimates within the allocated budget advance, defined structure, payroll fund and number of  employees of the apparatus of the Committee, State Service for Registration of Real Estate and  Center for Auctions Organization under the Committee, also the structures of local and other bodies;
14.4. appoints and discharges employees of the apparatus of the Committee, chiefs of the structural bodies of the Committee, chiefs of its structural units, and takes encouraging and administrative reproach measures about them; 
14.5. appoints and discharges the chiefs of bodies delegated to the Committee for privatization purpose, and takes encouraging and administrative reproach measures about them in a manner defined by law;
14.6. appoints to and discharges from the posts of chairman of the board of directors of joint stocks founded as a result of reformation of state enterprises, in a manner defined by legislation;
14.7. prepares proposals on budget requirements of the structural bodies of the Committee and submits them to relevant state bodies;
14.9. issues orders and directions with mandatory execution in accordance to legislation related to the activity of the apparatus of the Committee and its subordinated bodies, as well as approves (signs) normative juridical acts and exercises the control; 
14.10. abolishes decisions of officials of the Committee contradictory to legislations;

14.11. implements other powers in accordance to legislations.

15. A Board is established in the Committee comprising the chair of the Committee(chair of the board), its deputies and other senior officials of the Committee. The Board of the Committee may include experts and scientists as well.   
16. Number and composition of the members of the Board of the Committee is approved by the Cabinet of Ministers of the Republic of Azerbaijan.
17. The Board of the Committee discusses the issues related to the activity of the Committee and approves relevant decision in Board meetings.
18. The meetings of the Board of the Committee is authoritative in attendance of more than half of its members. The decisions of the Board of the Committee is made by simple majority of votes of its members. In case of equal voting, the chair of the Board has a deciding vote.
19. Decisions of the Board of the Committee is officially recorded by the minutes and approved by the chair of the Committee.
20. In cases of divergence of opinions among the members of the Board of the Committee, the Chair informs the Cabinet of Ministers of the Azerbaijan Republic accordingly, and implements its decision. Members of the Board of the Committee may inform the Cabinet of Ministers about own opinions.
21. In necessary cases, representatives of other executive bodies and organizations, as well as non-governmental organizations are invited to attend the Board meeting of the Committee.

THE STRUCTURE AND THE SUBORDINATED BODIES OF THE STATE COMMITTEE ON PROPERTY ISSUES OF THE REPUBLIC OF AZERBAIJAN

Approved by the Decree dated 24 June 2009 of the President of the Azerbaijan Republic

I. Structural bodies of the State Committee on Property Issues of the Republic of Azerbaijan

1. Apparatus of the State Committee on Property Issues of the Republic of Azerbaijan;
2. State Service for Registration of Real Estate under the State Committee on Property Issues of the Republic of Azerbaijan  ;
3. Auction Center for Organization of Auctions under the State Committee on Property Issues of the Republic of Azerbaijan;
4. Territorial Units of the State Committee on Property Issues of the Republic of Azerbaijan.

II. Subordinated Bodies of the State Committee on Property Issues of the Republicof Azerbaijan

1. Real Estate Cadastre and Technical Inventory-Making Center;
2. Information Technologies and Information Management Center;
3. Territorial Units of the State Service for Registration of Real Estate under the State Committee on Property Issues of the Azerbaijan Republic;
4. Production and Service Enterprises Management Center.

STATUE ON STATE SERVICE FOR REGISTRATION OF REAL ESTATE UNDER THE STATE COMMITTEE ON PROPERTY ISSUES OF THE REPUBLIC OF AZERBAIJAN

Approved by the Decree dated 24 June 2009 of the President of the Republic of Azerbaijan

I. General provisions

I. General Provisions
1. State Service for Registration of Real Estate under the State Committee on Property Issues of the Azerbaijan Republic(hereinafter referred as “the Service”) is an executive body ensuring compilation and conducting state registry (hereinafter referred as “state registry”).

2. Activity of the Service is guided by the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decisions and orders of the Cabinet of the Ministers of the Republic of Azerbaijan, international agreements Azerbaijan Republic is the signatory of, and the Statue of the State Committee for Property Issues of the Azerbaijan Republic, orders and decrees of the Chair of the State Committee on Property Issues of the Azerbaijan Republic and this Statue.

3. the Service exercises its functions and rights considered by this Statue in whole territory of the Republic of Azerbaijan directly or through its territorial offices.

4. The Service, in executing of its functions and implementing its rights, acts on the basis of mutual relationship with central and local executive bodies of the Republic of Azerbaijan, local self-government authorities, and non-governmental organizations.
5. The Service possesses an independent balance sheet, state property assigned in accordance to the legislation, treasury and bank accounts, a seal with engraved picture of State Emblem of the Azerbaijan Republic and the name of the State Committee for Property Issues of the Azerbaijan Republic, and its own name, relevant stamps and head papers. 
6. Maintenance costs and activity of the Committee are funded by the public budget of the Republic of Azerbaijan and other sources as considered by the legislation, as well as funds earned from service fees for the services offered by its subordinate local bodies on directions of its key action. 
7. The Service is located in Baku city.

II. The Directions of the Action of the Service

8. The directions of the action of the Serviceare followings:
8.1. ensures exercising state registry (hereinafter referred as “state registry of rights) of rights over real estate and rights over other items in the state registry;
8.2. acts on other directions as defined by law.


III. Duties of the Service  

9. The Service fulfils the following duties in accordance with the directions of its action defined by this Statue:  
9.1. to enter data into state registry on paper(written documents) by any methods of writing without use of computers and on electronic drivers (disc, floppy disc, and et c.) by using computers, in parallel;   
9.2. to accept the application on state registry of rights and documents attached to the application;
9.3. to check the conformity of data kept in state registry against the submitted documents;
9.4. to determine contradictions between the declared and registered rights, as well as to examine grounds of refusals of state registry of rights or termination of state registry of rights;
9.5. in case of no basis for refusal state registry of rights or termination of registry, to make notes on confirming documents and to enter relevant data into state registry;  
9.6. to make state registration of rights within a period defined by law, as well as to register property rights to be part of different apartments of incomplete constructions or non-dwelling areas and at the same time its in advance registry for housing collateral; 
9.7. in cases and in a manner defined by law to terminate state registry of rights or to decline their state registry;
9.8. to ensure precise and timely state registration of rights at the state registry, preciseness and comprehensiveness of data submitted by state registry;

9.9. to refuse acceptance of rights for state registry of submitted documents with rubbed out words, added afterwards, made amendments on rubbed words and not certified against original, as well as so damaged that makes its content less explanatory;     

9.10. to issue real estate number for every real estate object undergone state registration to reflect that it is not changeable, a unique real estate object  within the territory of the Republic of Azerbaijan;
9.11. to issue extract from state registry with the purpose of formal registry of the rights by the state registry;
9.12. to issue certificate from the state registry reflecting the image of real estate, rights undergone state registry and their limitations (collateralization) or to refuse issue of such certificate in cases considered by law;
9.13. Upon the request of the holder of right, to inform the holder of right, for a period considered by law, about issuance of certificates about the real estate under his/her possession to other persons;

9.14. to keep the folders of the documents being the basis for state registry of rights, state registry and application journal on permanent basis;
9.15. to avoid technical errors made in state registration of rights during the period as considered by law and to inform in written form the interested persons of the state registration process of rights on elimination of such errors;
9.16. to abolish registration of property right over destructed real estate in cases as considered by law;  

9.17. to include data submitted by state bodies conducted registration of rights over real estate till the date the Law “On State Registry of Real Estate” of the Republic of Azerbaijan entered into force and those data to be kept in state registration into state registry database in accordance to this Law; 
9.18. to include data on securities issued on the collateralization of real estate into state registry;
9.19. to include data into state registry about real estate objects transferred to and from the non-housing fund in a manner defined by law and to ensure their description;
9.20. with the purpose to ensure registration and description of real estate in state registry, to participate in compilation and implementation of single cadastre of real estate and address registry;
9.21. to participate in inclusion of data into single cadastre of real estate submitted by executive bodies compiling and conducting cadastre of different real estate objects; 
9.22. to participate in submission of data on single cadastre of real estate to state and local self-government bodies, physical and juridical persons upon their requests;


9.23. to ensure drawing of plan and measure of land lots in cases of transfer to other persons and limitation (collateralization) of rights over one of part of land lots with buildings, facilities, living and non living areas, individual living houses, cottages and enterprises on it, after their state registration; 
9.24. to exercise inventory of constructions, including buildings, facilities, living and non-living areas, individual living houses and cottages and enterprises;
9.25. to ensure drawing of plans and measures of land lots in compilation of respective technical documents necessary for state registry of rights at the result of inventory works;
9.26. to take measures related to evaluation of buildings, facilities, living and non-living areas, individual living houses and cottages and enterprises(with exception of state enterprises and objects) in a manner and cases as described by law;
9.27. to ensure establishment of databank related to real value in conformity with inventory and market relations of real estate undergone state registration; 
9.28. to submit data about real value in conformity with inventory and market relations of real estate in a manner defined by the State Committee on Property Issues of the Republic of Azerbaijan to state and local self-government bodies, physical and juridical entities opun request;
9.29. to conduct accounting and statistic recording of incomes from state fees and service fees paid for the rendered services by its subordinated local bodies on directions of action, to ensure timely and full amount transfer of these funds, to use service fees paid for the services in manner defined by the State Committee on Property Issues of the Republic of Azerbaijan;
9.30. within its power, to ensure taking necessary measures in accordance to legislation on discovered violations;
9.31. to make proposal to the State Committee on Property Issues of the Republic of Azerbaijanrelated to improvement of the service performance;
9.32. to discrete submitted applications and complains related to service performance and take measures in a manner defined by legislation;
9.33. to fulfil other functions considered in legislation;


IV. Rights of the Service  

10. The Service has the following rights to implement its functions:
10.1. to send requests on necessary info (documents) to state and local self-government bodies, physical and juridical persons within its power and to obtain such information(data) from them;
10.2. to prepare draft of legislative acts about the issues related to its powers and to submit them to the State Committee for Property Issues of the Republic of Azerbaijan;
10.3. to submit draft of instructions, regulations and other normative acts about the execution of issues related to its powers to the State Committee on Property Issues of the Republic of Azerbaijan for preparation and approval;
10.4. to take service fees from the services provided on the directions of its action and to use the funds from such funds in a defined manner;
10.5. to prepare draft of methodical materials and recommendations related to directions of the action of the Service and to submit them to the State Committee on Property Issues of the Republic of Azerbaijan for approval; 
10.6. to involve independent experts and specialists into its action in a manner defined by legislation;
10.7. to receive grants and aids from foreign, local juridical and physical entities;

10.8. to implement other rights considered by legislation.


V. Organization of  the performance of the Service  

11. The Service is comprised of its apparatus and its subordinated local bodies.

12. The Service is chaired by the Chief appointed and discharged by the chairman of the State Committee on Property Issues of the Republic of Azerbaijan;  
13. The Cheif is personally responsible for execution of functions delegated to the Service by this Statue.
14. The chief of the Service has two deputies appointed and discharged by the chairman of the State Committee on Property Issues of the Republic of Azerbaijan.
15. The chief of the Service:
15.1. Organizes the performance of the Service and chairs it;

15.2. submits structure of apparatus and subordinated local bodies, staff time-sheet and cost estimates within defined payroll fund and limit on number of staff to the State Committee for Property Issues of the Republic of Azerbaijan;
15.3. with the exception of deputies of the chief of the Service, heads of structural units of the Service and heads and deputies of local subordinate bodies of the Service, appoints and discharges other employees of the Service, take motivating and administrative reproach measures about them;
15.4. gives order on use of allocated funds in accordance to cost estimates of the Service;

15.5. exercise control on the measures conducted by the employees of the Service and its local bodies;
15.6. takes necessary measures for increasing professional skills and professional training of employees;  
15.7. issues orders and decrees with mandatory execution to its subordinate local bodies;
15.8. represents the Service in relations with all state bodies, local self-government bodies, juridical and physical entities;
15.9. gives report to the State Committee on Property Issues of the Republic of Azerbaijanon the activity of the Service on regular basis;
15.10. executes other powers in accordance to the legislation of the Republic of Azerbaijan;

STATUE OF THE AUCTION CENTER FOR ORGANIZAITON OF AUCTIONS UNDER THE STATE COMMITTEE ON PROPERTY ISSUES OF THE AZERBAIJAN REPUBLIC

Approved by the Decree dated 24 June 2009 of the President of the Republic of Azerbaijan


I. General provisions

1. Auction Center for Organization of Auctions under the State Committee on Property Issues of the Azerbaijan Republic (hereinafter referred as “Center”) is an executive power implementing sale of shares of state enterprises and objects, as well as joint stocks established on the base of state enterprises during the privatization process, confiscated property taken into state property, state property put under arrest  for the debts in cases defined by law, in auctions and other related measures;   
2. Activity of the Center is guided by the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decisions and orders of the Cabinet of the Ministers of the Republic of Azerbaijan, international agreements Azerbaijan Republic is the signatory of, and the Statue of the State Committee on Property Issues of the Azerbaijan Republic, orders and decrees of the Chair of the State Committee on Property Issues of the Azerbaijan Republic and this Statue.

3. The Center, in executing of its functions and implementing its rights, acts on the basis of mutual relationship with central and local executive bodies of the Republic of Azerbaijan, local self-government authorities, and non-governmental organizations.
4. The Center possesses an independent balance sheet, state property assigned in accordance to the legislation, treasury and bank accounts, a seal with engraved picture of State Emblem of the Azerbaijan Republic and the name of the State Committee on Property Issues of the Azerbaijan Republic, and its own name, relevant stamps and head papers. 
5. Maintenance costs and activity of the Center are funded by the public budget of the Republic of Azerbaijan and other sources as considered by the legislation. 
6. The Center is located in Baku city.


II. The Directions of the Action of the Center

7. The directions of the action of the Centerare followings:
7.1. ensures exercising the sale in auctions of state enterprises and objects in privatization process, as well as shares of joint stocks established on the base of state enterprises, confiscated property taken into state property, state property with imposed arrest for debts in  cases defined by law;

7.2. acts on other directions as defined by law

III. Duties of the Center  

8. The Center fulfils the following duties in accordance with the directions of its action defined by this Statue:  
8.1. to provide proposals to the State Committee on Property Issues of the Republic of Azerbaijan on exercising of normative regulation related to sale in auctions of state enterprises and objects in privatization process, as well as shares of joint stocks established on the base of state enterprises, confiscated property taken into state property, state property with imposed arrest for debts in  cases defined by law;  
8.2. to inform physical and juridical entities in a manner defined by legislation about privatized enterprises and objects, as well as joint stocks offering their shares for public;

8.3. to accept orders made from physical and juridical persons in a manner defined by legislation on their participation in specialized check auctions, to ensure participation of buyers in equal, healthy competitive environment, transparent condition, in conformity to transparency and legislative principles;
8.4. to ensure delivery of orders made by physical and juridical entities in a manner and duration defined legislation to auction commission;
8.5. to control protection of interested defined by law of trade unions in privatization process, to ensure conformity with equal, healthy competitive environment, transparent condition, public control, social justice, transparency and legislative principles for members of trade union of joint stock companies of which shares to be offered to public.   
8.6. to submit relevant documents with the purpose to formally register the results of discount sales of auctions as well as shares(stock) to trade union; 
8.7. to inform and submit notifications to physical and juridical entities, members of trade union, as well as State Committee on Property Issues of the Republic of Azerbaijan and respective state bodies about the results of auctions, including discount sales of shares(stocks) at auction to trade union;  
8.8. to ensure storage of data in electronic and paper form about auctions, including discount sale of shares (stock) to trade union; 
8.9. to present data to the State Committee on Property Issues of the Republic of Azerbaijan on return of privatization checks and funds paid by physical and juridical entities  for not executed orders;
8.10. to organize auction sales of confiscated property taken under state property to buyers in equal, healthy competitive environment, transparent condition, public control, social justice, transparency and legislative principles.
8.11.to organize auction sales of state property under arrest for debt reasons as defined by law, to buyers in equal, healthy competitive environment, transparent condition, public control, social justice, transparency and legislative principles.
8.12. to provide data on auctions and results of auction for  publication at “Mulkiyyet”(“Property”) newspaper in accordance to legislation and for replacement of such data in internet site of the State Committee on Property Issues of the Republic of Azerbaijan;  
8.13. to fulfil other duties considered in legislation in accordance to directions of action.  

IV. Rights of the Center

9. The Center has the following rights to implement its functions:
9.1. to participate in preparation of reports in a defined manner on execution of state program on privatization of state property; 
9.2. to send requests on necessary info (documents) to state and local self-government bodies, physical and juridical persons in a manner defined by the State Committee on Property Issues of the Republic of Azerbaijan and to obtain such information(data) from them;
9.3. to provide comments in accordance to directions of action, to conduct analysis and generalization, prepare analytic materials and submit proposals to the State Committee on Property Issues of the Republic of Azerbaijan;
9.4. to involve independent expert and specialists in its activity in a manner defined by legislation;
9.5. to issue bulletins and other publication in a manner defined by legislation;
9.6. to implement other rights considered in legislation on directions of its action;

V. Organization of  the performance of the Center

10. The Center is comprised of its apparatus and its zonal bodies.

11. The Center is chaired by Director appointed and discharged by the chairman of the State Committee on Property Issues of the Republic of Azerbaijan;  
12. The Director is personally responsible for execution of functions delegated to the Center 13. The Director of the Center has two deputies appointed and discharged by the chairman of the State Committee on Property Issues of the Republic of Azerbaijan.
14. The director of the Center:
14.1. Organizes the performance of the Center and chairs it;

14.2. submits structure of Center, staff time-sheet and cost estimates within defined payroll fund and limit on the number of staff to the State Committee for Property Issues of the Republic of Azerbaijan;
14.3. with the exception of deputies of the chief of the Center, heads of structural units of the Center, appoints and discharges other employees of the Center, takes motivating and administrative reproach measures about them;
14.4. gives order on use of allocated funds in accordance to cost estimates of the Center;

14.5. takes necessary measures for increasing professional skills and professional training of employees; 
14.6. represents the Service in relations with all state bodies, local self-government bodies, juridical and physical entities;
14.7.gives report to the State Committee on Property Issues of the Republic of Azerbaijanon the activity of the Service on regular basis;
14.8. executes other powers in accordance to the legislation of the Republic of Azerbaijan;

15. Labor payment and other benefit norms of the director, deputy directors and employees of the Center, respectively, is considered to be equal to the labor payment and benefit norms of directors of state agencies and services, deputy directors and employees under the central executive powers of the Republic of Azerbaijan.