Considering Legal Petitions
The Ministry of Justice has the following duties and authorities in the field of addressing legal petitions of persons and enforcing the concluding and final decisions of the courts:
1- Registration and consideration of issues related to petitions of persons in relation to civil, commercial and family rights, in accordance with the provisions of law;
2- Encourage and invite the parties to dispute to compromise, in accordance with the provisions of the law;
3- Demand and collect documents required to resolve the dispute;
4- Referral of the case to the relevant court in case of dissatisfaction of parties to dispute;
5- Compulsory implementation and enforcement of rulings and decisions of courts in cases of civil, commercial, family nature and of government institutions in accordance with the provisions of the law within 20 days in cooperation with special police unit of the Ministry of Interior;
Cases related to legal petitions of persons, is addressed by the General Directorate of Huqoq of the Ministry of Justice.
The procedure of addressing legal petitions by the Ministry of Justice takes place as in Kabul the petitioner submits his /her legal petition to the General Directorate of Huqoq of the Ministry of Justice or to the relevant district and in the provinces to the Huqoq sub directorates of the Department of Justice. This petition is referred to one of the third commercial, real estate or family committees of the Huqoq Department by requiring the necessary documents from the petitioner and then considering the type of the claim, it is submitted to one of the tertiary committees: commercial, estate or family;
Then the petitioned person is officially summoned. This summon will be extended to the relevant institution if the concerned person is an employee of public or private institutions. If not, it is issued to be summoned to relevant police department, thus the petitioned person will be produced to Huqoq department, with the cooperation of police. At this stage, the content of the petition will be declared to him by the Huqoq Department, and then both parties are invited to compromise to end their dispute. In case of compromise, the settlement is prepared, in which the parties pledge to end their dispute.
If the parties to the dispute are not ready to compromise, their case will officially be sent to the relevant court for sharia and legal decision.
If the dispute is on family matters and about separation due to absence, inquiry will be made for the next implementation and obtaining information, from the relevant locality, and after provision of information by the relevant locality, the dossier will be sent to the relevant court. If the petitioned person is outside Afghanistan, his/her subpoena will be sent officially from the Ministry of Justice to the Ministry of Foreign Affairs and the Consular Section of this Ministry to make present the mentioned person to the huqoq Department.
If the petition is for termination of engagement, separation or alimony, the Huqoq department will send a letter to obtain a guarantee from the defendant, to the Huqoq office of the residential place of the defendant, and residential office of Huqoq shall obtain guarantee from the defendant and if he/she fails to provide the guarantee, the Huqoq of the locality will write the reasons, o the General Directorate of Huqoq.
If the dispute is related to commercial debts or estates, it is given to the professional members of the General Directorate of Huqoq. The professional members of the real estate and commercial committees act in accordance with the law, and receive information from the parties about the issue in question.
Also at this stage, efforts will be made to resolve the case in the Huqoq office, and if not, it will be referred along with a letter to the relevant court.
All cases that are not resolved in the Huqoq Department of the Ministry of Justice, will be referred to the courts. If the courts decide on the case, the Ministry of Justice, and specifically the General Directorate of Huqoq, has a duty to implement the final or decisive decision of the courts in cooperation with the Ministry of Interior.
To implement the final decisions of the courts, a delegation comprised of representatives of the Ministry of Justice, the Attorney General’s Office, and Ministry of Interior and, if necessary, the municipality, and other relevant institutions will be formed, and with the completion of this delegation, the action will be taken.
Read the reports on the activities of the Ministry of Justice in addressing the legal petitions of persons below: