Article 1 of the European Convention on Human Rights emphasises respecting human rights and ensuring rights and freedoms. Article 24 of the Constitution of the Republic of Azerbaijan also emphasized the importance of human and civil rights and freedoms, stating that everyone has inviolable, inviolable and inalienable rights from the moment of birth.
Article 6 of the European Convention on Human Rights mentions the right to a lawyer as part of the right to a fair trial. Although this is mentioned as a right, in reality, it is always important to use the help of a lawyer. Because every event that happens in our daily life is regulated by law, and if we apply these legal regulations, we will prevent legal problems that we may face, and we can use the rights given to us by law more effectively and direct our lives in a more correct way. So, you can benefit from the rights granted to you by the Family Code in family relations such as marriage, divorce, property division, etc., using, the help of lawyers specialized in family law, using defenders operating in the field of criminal law, the accuser restores violated rights, the accused or suspected person has the opportunity to receive punishment at the minimum limit of punishment provided by law. Also, by taking legal advice, you will learn what actions are prohibited by law and what actions you should avoid. Lawyers specializing in labour law solve the problems you face during labour relations and answer your questions: they help you to prevent illegal dismissal, being subject to disciplinary action and violations by your employer, and slo inform you about the number of days of vacation you can take during the year, what working conditions are provided and other rights.
Nowadays, there is also a misconception that legal aid is a service that is needed only during court proceedings. However, when we say legal assistance, it is not only the protection of a defence attorney in court proceedings and arbitrations, but also legal consultation to answer your questions, inform you in various legal fields, shape your affairs according to the law, protect you from facing certain legal problems, and to be aware of your rights and freedoms.
You may need legal help even while going about your daily business. How? You buy bread from the market every day. But do you know that when you buy bread every day, you actually make a contract and enter into a civil-legal relationship? When you buy that loaf of bread, you think you're going through a simple process, but as the process begins, you're unconsciously making an offer or acceptance, agreeing to the terms of the contract, making a commitment, and entering into a contract, and at the end of the process, you may need legal arrangements such as dealing with expiration dates, payment obligations, and more. As you can see, every action you take is actually an object of legal regulation. Each action may create additional obligations and responsibilities for you or provide you with additional opportunities - benefits, etc. - established by law. To be aware of all this, you always need legal advice. In other words, it is always advisable to get legal help in every matter, and you can get the best legal help by contacting us.
What is an arbitrary (illegal) building and when should it be demolished?
Citizens often face some problems related to their buildings. They are warned by state authorities that their buildings are illegal and will be demolished. But according to the legislation of the Republic of Azerbaijan, which buildings are considered illegal and should be demolished? According to the Civil Code of the Republic of Azerbaijan, a residential house, other building, facility or other immovable property built on a plot of land not allocated for construction purposes or without obtaining necessary permits or in serious violation of urban planning and construction norms and rules is considered arbitrary construction. A person who has built a building on his own cannot acquire ownership rights to it. He does not have the authority to dispose of the building - to sell, donate, lease, or enter into other contracts. The right of ownership to independent construction can be recognized by the court for the person who owns the land plot on which the construction was carried out. If the maintenance of the construction violates the rights and interests of other persons protected by law or poses a threat to the life and health of natural persons, the specified person cannot be recognized as the owner of the construction. If the construction for which a permit is required does not contradict the requirements of the normative documents on urban planning and construction, the relevant executive authority must grant the construction permit. The customer applies to the relevant executive authority (institution) to obtain a construction permit. The following documents must be attached to the application:
a copy of the document confirming the right of ownership, lease or use authorizing construction on the land plot;
If the customer is a legal entity, a copy of the extract from the state register of legal entities, if a natural person, a copy of the identity document;
The environmental impact assessment (EIA) document of projects on the types of activities specified in the appendix to the Law of the Republic of Azerbaijan about "Environmental Impact Assessment" and the opinion of the state environmental expertise of that document.
A construction object or its part whose construction has been completed or not completed may be demolished in certain cases provided by law:
According to the Town Planning and Construction Code, when the construction of the construction object or its part, which was started after the entry into force of this Code and is under construction, is built on the land owned by the state or municipality, which has not been allocated for construction purposes by the relevant executive authority or municipality;
Despite the request for a construction permit, when the construction object is built without obtaining such a permit, and accordingly, if the construction permit is not obtained within 1 year from the day of the decision to stop the construction works.
In these cases, a decision is made to demolish construction objects. This decision can be challenged in court by interested parties.
Like many other terms, the concept of the legal entity has its roots in Roman Law. However, the concept of legal entity in Roman Law had a slightly different line of development. So, according to the Romans, the theory that "all rights are for people" was the main one. When reading this theory for the first time, it is possible to come to the conclusion that no other being can be given legal capacity. However, the strength and life of a single person will not be enough, and the need for the work of groups of people to achieve some goals related to people is one of the reasons for the formation of a legal entity. Sometimes the need to establish a group of goods and services to serve a specific purpose and to exist longer than the individual activities of the individuals who appropriated it for a specific purpose made it mandatory to give groups an "Entity" status in Roman law.
Like many other terms, the concept of legal entity has its roots in Roman Law. However, the concept of legal entity in Roman Law had a slightly different line of development. So, according to the Romans, the theory that "all rights are for people" was the main one. When reading this theory for the first time, it is possible to come to the conclusion that no other being can be given legal capacity.
According to the legislation of Azerbaijan, which is part of the Romano-German legal system, a legal entity is a state-registered, specially created entity that owns the separate property, is responsible for its obligations with this property, and acquires property and personal non-property rights on its behalf. and has the right to exercise, carry out duties, and be a plaintiff or a defendant in court.
Legal entities can be created by one natural or legal person, or by a group of natural or legal persons, can be based on membership, may or may not depend on the presence of members, and may or may not be engaged in entrepreneurial activity.
Commercial legal entities whose main purpose of legal entity activity is to make profit or non-commercial legal entities whose main purpose is not to make profit and do not distribute the profit among their participants, as well as public legal entities engaged in activities of national and (or) public importance. can
A legal entity is created by establishing it and preparing its charter. If a legal entity is created by several founders, the founders, by agreeing, determine the legal entity's charter, the procedure for joint action on its creation, and the conditions for transferring their property to it and participating in its activities.
The charter of the legal entity approved by the founders is the founding document of the legal entity. The legal entity's charter defines the legal entity's name, location, the procedure for managing its activity, as well as the procedure for its cancellation. The charter of a non-commercial legal entity defines the subject and goals of its activity.
A legal entity must be registered with the state by the law. State registration information, including the company name for commercial organizations, is included in the state register of legal entities, which is open for general inspection.
The legal capacity of a legal person arises from the moment of state registration. Commercial legal entities may have the necessary civil rights and perform civil duties to carry out any type of activity not prohibited by law. Legal entities can engage in separate types of activities, the list of which is determined by legislation, only based on a special permit (license).
We offer you our professional services in creating commercial and non-commercial legal entities:
Preparation of constituent documents and Charter of a legal entity;
State registration of the legal entity;
Entering the legal entity into the state register;
We carry out all necessary procedures on your behalf, obtaining special permission - licenses for individual types of activities.