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Regulations on issuing residential areas of Fund for temporary settlement of IDPs
Approved by the Resolution No. 65 of the Cabinet of Ministers of Azerbaijan Republic dated February 24, 2017
Regulations on issuing residential areas of the Fund for temporary settlement of IDPs
1. General provisions
1.1. Regulations on issuing residential areas of Fund for temporary settlement of IDPs (hereinafter referred to as “Regulations”) have been developed in accordance with the Article 107 of Housing Code of Azerbaijan Republic, Constitution of Azerbaijan Republic, Civil Code of Azerbaijan Republic, Law of Azerbaijan Republic “On social defence of IDPs and the persons equated to them”, the second paragraph of Part 2 of the Decree No.149 of the President of Azerbaijan Republic dated July 8, 1999 “On the application of the Law No. 669-İQ of Azerbaijan Republic dated May 21, 1999 “On social defence of IDPs and the persons equated to them” and the requirements of the paragraphs 1.1, 3.17 and 3.19 of “Regulations on the State Committee on Deals of Refugees and IDPs of Azerbaijan Republic” approved by the Decree No. 187 of the President of Azerbaijan Republic dated February 1, 2005.
1.2. These Regulations determine Regulations on issuing residential areas of Fund for temporary settlement of IDPs.
1.3. Residential areas of Fund for temporary settlement of IDPs include the residential areas of special housing fund which were built in accordance with the decrees, orders and state programs of the President of Azerbaijan Republic adopted in order to improve housing conditions of IDPs, and purchased at the expense of state funds for the temporary settlement of IDPs.
1.4. Residential areas of Fund for temporary settlement of IDPs are put into use of IDPs in order to improve their housing conditions.
1.5. Issuing residential areas of Fund of temporary settlement of IDPs is carried out by the Resolution of the State Committee on Deals of Refugees and IDPs of Azerbaijan Republic (hereinafter referred to as “Committee”).
2. Issuing temporary residential areas to IDPs
2.1. Temporary settlement of IDPs in new residential areas is carried out gradually and transparently by the Commission established by the resolution of the Committee. The Commission consists of the representatives of Committee, executive powers of related local region (city) and occupied territories, and IDPs communities. The provision of IDPs with housing is carried out based on the list developed and approved by executive powers of the relevant local regions in the form in Annex 1 of these Regulations and the applications submitted in the form in Annex 2 of these Regulations.
2.2. Relevant local region (city) executive powers which developed and approved the list bear responsibility for the correctness and accuracy of the list of IDP families to be settled in new residential areas.
2.3. The lists submitted by the region (city) executive powers to the Committee by developing and approving in the form in Annex 1 of these Regulations and the applications submitted by them to the Committee on provision of IDPs with housing in the form in Annex 2 of these Regulations are investigated by the commission and final decision is made.
2.4. Temporary residential areas are issued to the following IDP families:
2.4.1. the persons residing in the facilities stipulated in the decrees, orders and state programs of the President of Azerbaijan Republic adopted in order to improve housing conditions of IDPs and other facilities requiring resettlement much more, and the persons having IDP status who were entered in the list which was submitted by relevant local region (city) executive powers to the Commission by developing and approving in the form in Annex 1 of this Regulations;
2.4.2. IDP families permanently residing in the resettlement area until moving to the new residential complex and using public utilities on the same place.
2.5. Residential areas allocated for temporary use of IDPs are put into the use of them based on the lease contracts approved by the Resolution No.80 of the Cabinet of Ministers of Azerbaijan Republic dated April 29, 2010 “On the approval of “the Form of Lease Contract of special housing areas” (hereinafter referred to as “Lease Contract”).
2.6. Lease Contract is concluded between relevant body of the Committee and IDP in 2 (two) copies, in written form and one copy is issued to the Lessee (IDP).
2.7. The subject of contract, rights and responsibilities of parties on temporary use of residential area are specified in the Lease Contract by indicating the user’s family members. Lease Contract is verbally explained to IDP by the relevant body of the Committee.
2.8. If the IDP fails to fulfil the responsibilities specified in the Lease Contract, he/she bears civil responsibility based on these Regulations, Lease Contract concluded with him/her and other rules prescribed by law.
2.9. Lease Contract is applied to the term of stay of IDP in the residential area issued to him/her and if IDP leaves or is displaced from residential area the Lease Contract concluded with him/her is cancelled.
2.10. Resettlement of IDP families in the residential areas put into temporary use of them is carried out at the expense of the Committee.
2.11. During the resettlement new residential area is not issued to the IDPs in the following cases:
2.11.1. The IDPs who are registered in the resettlement facility during the issuance of temporary residential area but not living there actually;
2.11.2. IDPs and their family members (excluding the families of martyrs) who obtained a separate residential area after being displaced from their native lands based on the housing laws or civil legal transactions;
2.11.3. the persons who have temporality settled in other cities and regions, but settled and resided in the resettlement facility during the last 3 (three) years by using the resettlement of IDPs living in the resettlement facility;
2.11.4. the families who concluded a fake marriage or broke a marriage for the purpose of acquiring additional residential area during the resettlement period.
2.12. A separate residential area is not issued to the IDPs who lived in the same resettlement facility before, then concluded a marriage with a person living in another place and broke a marriage and returned back.
3. The terms on the use of residential areas of Fund for temporary settlement of IDPs
3.1. If an IDP refuses to move to the temporary residential area allocated for him/her within 5 (five) days, the residential area is issued to another IDP family.
3.2. IDPs should use the residential areas issued to the temporary use of them according to the conditions given in the Lease Contract concluded with them. Failure to comply with these conditions causes the breach of Lease Contract based on the paragraphs 3.3-3.7 of these Regulations.
3.3. IDPs are not entitled to sell, present, put into use of someone else, rent, change wilfully the residential area which were put into temporary use of them, to alienate houses by leaving as deposit and by other means and resettle someone else in the house.
3.4. IDPs should pay strict attention to the residential area which was put into temporary use of them, use it only for the purposes of living, avoid any construction works not provided for in the project and follow the rules of co-existence.
3.5. IDPs can’t use the residential area which was put into temporary use of them for the commercial purposes, as well as the purposes of the actions or activities prohibited by law.
3.6. Residential areas which were put into temporary use of IDPs are not their private property, so those houses can’t be put into use of other persons (heirs) as an inheritance on law or testament and the person who was taken into custody or guardianship.
3.7. If an IDP family doesn’t actually live in the residential area which was put into the temporary use or issues the apartment to someone else, the house is emptied by the relevant body of the Committee in accordance with the requirements of existing law, and put into temporary use of the other IDP family who needs more than others by agreeing with the management of the Committee.
4. The amount of the residential area issued to the temporary use of IDPs
4.1. The amount of residential area is determined as follows in accordance with the family structure of IDPs:
4.1.1. 1 room - for those whose family consists of 1 person;
4.1.2. 2 rooms - for those whose family consists of 2-3 persons;
4.1.3. 3 rooms -for those whose family consists of 4-5 persons;
4.1.4. 4 rooms- for those whose family consists of 6 persons or more.
Copyright © 2017
STATE COMMITTEE ON
REFUGEES AND IDPS ISSUES
OF THE REPUBLIC OF AZERBAIJAN
The address of committee: Baku, Tbilisi Ave., 129
Tel/fax: (99412) 430 09 21, 430 09 25