ABOUT THE MINISTER
Prior to 1343, real property and financial cases of government agencies, joint companies and state enterprises were handled by the agencies in the courts. In order to unify such cases, the government at the time decided to establish within the framework of the Ministry of Justice the Department of Government Cases in order that educated professionals and experts with a legal background may be recruited and defend the legal interests of the government in the courts. Laws concerning Government Cases were codified and enforced since that time and Mohammad Ismail Qasimyar was the first individual to head this department.
The Department of Government Cases was established to:
In order to materialize the aforementioned tasks, the Department of Government Cases performs the following duties:
Adopt necessary measures to reconcile between disputing parties and approve reconciliation agreements between them.
The Law on the Department of Government Cases has (8) chapters and is comprised of (38) articles which regulates the work process of the department and its provincial branches, and is used as a guideline in routine daily operations.
The Department of Government Cases holds direct relations with the Office of Deputy Minister for Professional Affairs for the Ministry of Justice and plays a key role in the advancement of the aforementioned tasks. This department cooperates with other departments and branches and acts according to the directions of the Office of the Minister.
Based on the provisions of the Law on Government Cases, the main tasks of the Department of Government Cases include defending the interests of the government in the courts, reconciliation, and issuance of reconciliatory decisions between government organizations.
The Department of Government Cases has permanent relations with all departments of the Ministry of Justice particularly the Central Hoqooq Department, Hoqooq Department of Kabul Governor House, and Taqnin Department. In terms of financial and real estate affairs, it has direct relations with Hoqooq Department of Kabul Governor House.
In case there are claims from individuals against government properties, it contacts those related government organizations and requires them to provide documentation to help defend the legal interests of the government
The Constitution, Civil Procedure Code, Commercial Procedure Code, Civil Code, Commercial Code, Municipality Law, Banking Law, Law on the Organization of Land-ownership, Law of Postures, Law on Obtaining Rights, Law of Organization and Jurisdiction of Courts, Administrative Charter of Courts, Expropriation Law, Regulation on Distribution of Apartments, Regulation on the Organization of Foreign Exchanges, Regulation on Purchasing, Law of Property Dealers, Law on Defense Attorneys and Petition Writers, Mujallatol Ahkaam, Income Tax Law, Forestry Law and other applicable laws of the country.
It is worth mentioning that pursuant to the Law of Government Cases, terms of reference for the Chairman, professional members and sub-ordinate directorates of this department have been prepared and presented as below:
The Chairman shall have the following duties and responsibilities:
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