Environmental and Social Management Framework (esmf)

2.3.8. Land type, use and ownership

74. 
    All the lands located within the borders of the Republic of Azerbaijan form its single land fund. According to their intended use and legal regime, the lands of the Republic of Azerbaijan are divided into the following categories:
    

• 
  Lands intended for agricultural use;
  
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  Lands of settlements (cities, towns and rural settlements);
  
• 
  Lands for industrial, transport, communications, defense and other purposes;
  
• 
  Lands of specially protected territories;
  
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  Lands of the forest fund;
  
• 
  Lands of the water fund;
  
• 
  Lands of the reserve fund.
  

74. 
    The assignment of lands to categories and their transfer from one category to another is carried out in accordance with the established procedure⁸ by the Cabinet of Ministers of the Republic of Azerbaijan.
    
75. 
    Following agrarian reforms that commenced in 1995, 1.3 million Ha of land have been privatized to approximately 817,700 families. In addition, there are over 620,000 household farms, with an average size of 2.8 Ha⁹ . Agricultural production is undertaken on the farmland distributed to the residents from state farms and collective plots, and backyard / kitchen gardens, in three main agro-ecological zones:
    

1. Lowlands, dry/hot, irrigated

2. Uplands-lower precipitation, irrigated

3. Uplands-higher precipitation

74. 
    Ownership of a land plot in the Republic of Azerbaijan is inviolable and is protected by state. There is state, municipal and private ownership of a land plot in the Republic of Azerbaijan. All types of ownership are equal and protected by the state. The subjects of the ownership right are: for land plots owned by the state — the Azerbaijan state, for land plots owned by municipalities — municipalities, and for land plots owned privately — citizens and legal entities of the Republic of Azerbaijan¹⁰.
    
75. 
    Everyone's right to own land, equality between types of property and protection of the ownership right, including private property, by law is guaranteed by the Constitution of the Republic of Azerbaijan. Everyone may own a land plot. The right to own land includes the owner's rights to possess, use and dispose of a land plot individually or together with others. One may be deprived of his right to own land only with the decision of law court and by law. No one can be deprived of his right to own a land plot without law court decision. Alienation of a land plot for state needs or public needs may be allowed only in the cases provided for by law and on condition of preliminary fair reimbursement of its value. Nevertheless, private land ownership entails social obligations. For the purposes of social justice and rational use of land, land ownership may be restricted by law¹¹.
    

4.