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DECREES AND ORDERS
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13.07.2010
DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN
on additional measures for the application of the law of the Republic of Azerbaijan on soil fertility

With the view of providing the application of the law of the Republic of Azerbaijan on soil fertility, I hereby resolve:
1. To be defined that:
Competences of the "relevant executive power authorities" indicated in part 5 of Article 15 of the law of the Republic of Azerbaijan on soil fertility are realized by the Cabinet of Ministers of the Republic of Azerbaijan,
Competences of the "relevant executive power authorities" indicated in part 1 of Article 11 of the same law are realized by the Cabinet of Ministers of the Republic of Azerbaijan, State Committee of Land and Cartography of the Republic of Azerbaijan, Ministry of Agriculture of the Republic of Azerbaijan, Ministry of Ecology and Natural Resources of the Republic of Azerbaijan, State Committee for Standardization Metrology and Patent of the Republic of Azerbaijan and other related central executive power authorities within the limits of their power;
Competences of the "relevant executive power authorities" indicated in part 3 of Article 15 of the Law are realized by local executive power authorities with regard to the issues related to the temporary withdrawal of soil from economic circulation and their preservation; by the State Committee of Land and Cartography of the Republic of Azerbaijan, Ministry of Agriculture of the Republic of Azerbaijan, Ministry of Ecology and Natural Resources of the Republic of Azerbaijan, Azerbaijan Amelioration and Water Supply OJSC within the limits of their power with regard to the complex measures related to the raise and rehabilitation of soil fertility;
Competences of the "relevant executive power authorities" indicated in part 2 of Article 17 of the Law are realized by State Committee of Land and Cartography of the Republic of Azerbaijan, Ministry of Agriculture of the Republic of Azerbaijan, Ministry of Ecology and Natural Resources of the Republic of Azerbaijan within the limits of their power;

2. Rules for the implementation of state surveillance over the provision of soil fertility to be approved (enclosed)
Haydar Aliyev,
President of the Republic of Azerbaijan
Baku city, October 23, 2003
no. 979
APPROVED by the decree no. 979, dated October 23, 2003 of the President of the Republic of Azerbaijan
RULES for the implementation of state surveillance over the provision of soil fertility
1. These rules govern the implementation of state surveillance over the provision of soil fertility (hereinafter state surveillance) in the Republic of Azerbaijan.
2. State surveillance is aimed at the maintenance of lands with agricultural assignment by land owners, users, and leaseholders, as well as at providing the observance to the norms defined by legislation in the field of improvement of their quality, as well as the restoration, raise and protection of fertility
3. State surveillance is implemented in accordance with the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, Land Code of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, decrees of the Cabinet of Ministers of the Republic of Azerbaijan, international legal norms in the field of soil fertility, other regulatory documents and these Rules.
4. State surveillance is realized by the State Committee of Land and Cartography of the Republic of Azerbaijan, Ministry of Agriculture of the Republic of Azerbaijan, Ministry of Ecology and Natural Resources of the Republic of Azerbaijan within the limits of their power in accordance with the efficient land legislation.
5. State Committee of Land and Cartography of the Republic of Azerbaijan, Ministry of Agriculture of the Republic of Azerbaijan, Ministry of Ecology and Natural Resources of the Republic of Azerbaijan, Azerbaijan Amelioration and Water Supply OJSC and other local executive power authorities take the following measures, with the view of restoration, raise and protection of soil fertility:
- Efficient agronomic, agrochemical, ameliorative, phytosanitary and against erosion struggle by land owners, users, and leaseholders as well as the measures for creation of forest areas and strips of soil-protecting, field-protecting, water protecting and recreational importance;
- Measures preventing the application of technical methods, agrochemical substances hazardous for soil fertility and pesticides causing environmental decline
- Measures for protecting plots of land from harmful and anthropogenic affects from the cases of decay and pollution with technogenic (pollution with oil and industrial waste), radioactive and chemical elements of different origins.
6. State surveillance body enjoy the following rights:
- In case of violation of defined standards, norms, rules, regulations and other regulatory acts by land owners, users or leaseholders, to limit their economic and other activities; to suspend agronomic, agrochemical, ameliorative and other hazardous for environment measures taken without observance to relevant requirements; to raise issue before relevant bodies for the prohibition activities, as provided by legislation, until the elimination of find- out infringements;
- in due order established by legislation, to receive information from land owners, users and leaseholders about restoration, raising and protection of soil fertility, to analyze them and to file petition before related authorities to give relevant suggestions;
- to define hardscrabble, saline, swamped and technogenically polluted plots of lands, to take complex measures to raise and restore their fertility and to return to economic circulation;
- to develop programs for the improvement of fertility properties and to supervise their implementation;
- to raise claim against legal entities and natural persons in due order established by legislation for compensation of the damage caused as the result of the breach of the legislation on soil fertility.

7. State surveillance is realized on the basis of monthly, quarterly and annual work plans. Purpose, date and duration of state surveillance are indicated in work plans. Work plans are approved by the body implementing state surveillance and by the chiefs of its local organizations.
Verifications can be carried out on the basis of applications by state bodies, separate organizations and other legal entities and natural persons as well.
Relevant protocol and act is drafted on the basis of verification results. These documents contain approved information and facts. Relevant measures are developed for raising, restoring and protecting foil fertility at the result of verification. It is mandatory for all land owners, users and leaseholders to take these measures.

REFERENCES
1. Decree no. 521, dated February 2, 2007 (Collection of Legislation of the Republic of Azerbaijan, 2008, no.2, Article 87)
2. Decree no. 81, dated April 14, 2009 of the President of the Republic of Azerbaijan ("Azerbaijan" newspaper, April 19, 2008, no.83;Collection of Legislation of the Republic of Azerbaijan , year 2009, no. 04, Article 226)


LIST OF ADDITIONS AND MODIFICATIONS TO THE DECREE

With decree no. 521, dated February 2, 2007 (Collection of Legislation of the Republic of Azerbaijan, 2008, no.2, Article 87) the words "Amelioration and Water Economy attached to the Cabinet of Ministers of the Republic of Azerbaijan" are deleted from third paragraph of clause 1.

With the decree no. 81, dated April 14, 2009 of the President of the Republic of Azerbaijan ("Azerbaijan" newspaper, April 19, 2008, no.83, Collection of Legislation of the Republic of Azerbaijan year 2009, no. 04, Article 226). The word "Agency" in the third paragraph of clause 1 is replaced by the word "Committee"
With decree no. 521, dated February 2, 2007 (Collection of Legislation of the Republic of Azerbaijan, 2008, no.2, Article 87) the words "Amelioration and Water Economy attached to the Cabinet of Ministers of the Republic of Azerbaijan" in paragraph 4 of clause 1 are replaced with the words "Azerbaijan Amelioration and Water Supply OJSC".
With decree no. 521, dated February 2, 2007 (Collection of Legislation of the Republic of Azerbaijan, 2008, no.2, Article 87) the words "Amelioration and Water Economy attached to the Cabinet of Ministers of the Republic of Azerbaijan" in clause 5 of the Rules for the implementation of state surveillance over the provision of soil fertility are replaced with the words "Azerbaijan Amelioration and Water Supply OJSC".

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