For several years now, the process of improving the living conditions of residents living in unusable and dilapidated buildings in Baku, as well as the process of demolition and replacement of them with new ones, has been underway.
Although some citizens agree with the payment given to them, others are not satisfied with it. As a result, according to the resident who did not leave the apartment, even though the building was included in the plan, demolition work did not begin.
I wonder if a resident who disagrees with paying for the demolition of the building they live in can be evicted from their apartment by court order.
On the topic Oku.AzA lawyer who answers questions from Parviz Hajiyev He said that an agreement should be reached between the parties on this matter:
“According to Article 13 of the Constitution, the right to property is one of the main constitutional rights. It is an inviolable and inviolable right of a person. If the documents officially confirming the ownership of a person’s place of residence are in order , no one can demolish their house, they have no right to do so. The building is property of some state if it does not pass through a major oil pipeline, in this case, the person who demolishes the building and builds a new one in its place, must arrive. to an agreement with the citizen. In no case do they have the right to sue the resident and demolish the building.”
The lawyer noted that people who do not have property rights to a place of residence must declare their property rights in court:
“If a person has built a residential house and owns it, and at the same time has covered the utility costs of that house, his lack of ownership does not limit a person’s right to use the housing. However, because Because he does not have an extract (“kupcha”) from a citizen’s apartment, he is forced to leave his place of residence. If a person does not have property rights to the apartment in which he has lived for 30 years, he must be. notified by the court. and the relevant institutions should wait.
Aygun Mirakif
