Actual problems of the illegal construction institution in Azerbaijan and their solutions

10 Baku St. U. L.Rev. 35 (2024)
Article language: Azerbaijani.

Azerbaijan has faced challenges with illegal construction and settlements for years. Official estimates indicate around 450,000 arbitrary constructions throughout the country. This substantial figure not only poses social issues but also hampers the effective functioning and growth of the housing and real estate sectors, as well as urban planning efforts. The legal challenges of arbitrary construction lead to complications in registering property rights, ensuring construction safety, adhering to urban planning and construction norms, and collecting taxes and fees. Currently, numerous cases are pending in courts concerning the recognition of property rights for arbitrary constructions or the demolition of such structures following complaints. The intricate legal nature of this matter often complicates the application of the law in court cases. Thus, addressing the registration issue for these buildings is crucial for economic and social reasons, as it would secure property rights for citizens and generate additional state revenue.
The article aims to provide a thorough analysis of the theoretical and practical issues related to arbitrary construction, highlighting the main features of this institution. It also delves into the legal regulation of ownership rights recognition for arbitrary constructions and explores strategies to enhance this process’s efficiency. The article reviews the history, legal framework, and characteristics of the arbitrary construction sector in Azerbaijan, outlines the legal implications of arbitrary construction, identifies existing legislative and judicial challenges, and offers solutions. Finally, it proposes specific recommendations to refine civil legislation and judicial practices based on the research findings.

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