General Directorate of Huquq
The general directorate of huqoq, is one the professional directorates of the Justice Ministry of Islamic Republic of Afghanistan, and it’s working in order to handle people’s complaints. This administration was established in 1921 in the framework of one sub-directorate and under effect of the Ministry of Justice. At that time the sub-directorate of huqoq was responsible for monthly and annually activity reports of the central and provincial courts. At that time the tertiary powers of State (Executive, Legislative, and Judicial) were not segregated and courts were working under the Ministry of Justice and the purpose of establishing the sub-directorate of huqoq in addition to the above mentioned duties was to analyze and handle civil and commercial cases, resolving disputes through elders and tribal leaders and experts.
In early 1979 the central Huqoq department, was upgraded to the department of huqoq in grade () two and in addition of admin sub-directorate, it consisted of family committee, debts/liabilities and real estate.
Following that in 2005, based on implementation of administrative reforms and civil services in huqoq offices, the professional members of this department under the name of Board of experts of civil rights which consisted of property committees, family and debt committees in the structure of general directorate of huqoq were established.
· Department for board of commercial and civil rights experts; this department in its structure has six posts of professional members from three committees, as below:
Two posts of commercial committee members, two posts of family committee members, two posts of property committee members.
· Admin sub-directorate; this sub-directorate under its effect has one post for administrative officer.
Obtaining rights of legal and natural persons considering the registered documents on obtaining rights.
Duties and responsibilities of departments are structured by the law on manner of obtaining rights and if required all other enforced laws are also used.
Those applications which are submitted to departments which are related to the issues of property, family, debts and commercial are processed and evaluated by professional members of departments.
· Register incoming petitions in the relevant book and issuing receipt to the petitioner;
· Bringing the petitionee through relevant police departments , if the petitionee is a
· civil services employee or army personnel, first they shall be brought by their administration, if not cooperated they shall be brought by the police;
· Taking assurance/guaranty from the petitionee;
· Making the petitionee understood on the application of petitioner;
· Obtaining the exact right of petitioner from petitionee when valid documents are presented according to the stipulation of provisions of article ten and eleven of the law on obtaining rights.
· Referral of issue to a competent court when both parties are not satisfied;
· Enforcement of final and decisive decisions of courts;
· Appointing authorized delegation as per the discretion of competent authorities;
· Asking for the payment of the exact right of the creditor in instalments following the written consent of both sides;
· Obliging the debtor to pay the tenth percent fee and referral to its payment in the bank through separate tariff;
· Vacating the property of the owner from occupancy of another person through an appointed joint delegation;
· Deputizing in obtaining rights of the creditor;
· Keeping incoming petitions in case of lack of pursuit by the petitioner after approval of competent authorities within one month;
· Introducing disobedient debtor to prosecution;
· Inviting both parties of the dispute to make compromise;
· Preparing quarter and annual reports and submitting them to competent authorities;