General Directorate of Huquq

Preface:

The Huqoq administration is the fundamental and important administration in the organizational structure of ministry of justice which has performed its duties in accordance with the law, law on manner of obtaining rights, the procedures on the implementations of Huqoq administrations and other laws and it provides citizens with access to legal services in the civil, commercial, property cases, implementation and enforcement of the final decisions of the courts and plays a significant role in ensuring the rule of sharia and laws and access of people to justice.

Goals:

Obtaining the right of real and legal persons including the civil, property, commercial loans, family and public rights cases.
Conciliatory settlement of the civil cases of real persons to prevent the congestion of cases in the courts of the country.
Implementing and enforcing of the rulings and final decisions of the courts in the matter of governance and observance of justice.

The historical evolution of Huqoq administration:

The Huqoq administration in 1300 (1921), was approved at the beginning within the framework of a management in the organizational structure of ministry of justice and this management of Huqoq carried out the duty of collecting and uniting the monthly and annul activities reports of the capital and provincial courts, furthermore, it was a connection bridge between the ministry of justice and the courts, because on that time the executive, the legislative, and the judiciary brunches were not separated in the government of Afghanistan and the courts were under the auspices of the ministry of justice. The purpose of establishing the management of Huqoq was in addition to the mentioned tasks, the investigation and addressing the civil and commercial claims of the litigants and reach to settlement of disputes through the tribal leaders, elders and experts.

Before the reign of Amir Amanullah Khan there was no formal administration for the resolution of legal disputes in Afghanistan; there were only a few simple offices of judicial and military cases; that the legal issues were mostly solved by scholars and influential people of every tribe or tribe which has deferent customs; in accordance with the Islamic Sharia and the tradition of each area. In 1384 (2005) after implementation of administrative reform and Civil Services processes in Huqoq administrations; the public legal awareness sub-directorate which was initially consisted of the senior trainers of civil educations, advertisement, and publication and became part of structure of the general directorate of Huqoq. Likewise instead of consultative board; the board of civil law expert’s consisted of the property, family, loans and commercial committees were established in the general directorate of Huqoq and the administrative managements of the Huqoq in capital and provinces were upgraded to the general managements and was called Documentation and Liaison management. The public legal awareness members were added based on the population and grade of the provinces in the Huqoq directorate of capital and provinces. In the same way the organizational structure of the cities’ districts Huqoq managements in this year upgraded to the sub-director and one person added as the advertiser of public legal awareness in the formation of sub-directorate. In addition the (17) sub-directorate of Kabul districts and the civil rights experts general management consisted of 3 professional and 3 public awareness members, were added in the organizational structure of 1384 (2005) of the Huqoq directorate of Kabul province, the Huqoq managements of the 14^th districts of Kabul and other districts of the country were upgraded to the general management. After establishment and formation of the justice directorates in 34 provinces of country in 1387 (2008) the Huqoq directorates positions were decreased to the sub directorates except of the Kabul province Huqoq directorate, and like other departments of the ministry of justice became part of organizational structure of justice directorates.

In 1388 (2009) after implementation of salary hierarchy in the ministry of justice related administrations, specially Huqoq administrations, deputies of the Huqoq general directorates of Kabul province were cancelled and instead of deputies of the Huqoq general directorate of Kabul province, the cities and districts Huqoq sub-directorate were emerged and the sub-directorates of Kabul districts were decreased to the general managements and likewise the civil rights experts general management decreased within the framework of professional of the civil rights and commercial members which were consisted of 3 members.

Organizational Structure of Huqoq administrations:

The Huqoq administrations which is headed by the general directorate of Huqoq, have second units in (34) provinces of the country and third units in all districts of the provinces and (17) districts of Kabul (in the framework of the Kabul province Huqoq directorate). Huqoq administrations consisted of the general directorate of Huqoq, provincial units, the urban areas of Kabul city and districts. The implementations and activities of Huqoq administrations are in the light of the provisions of Sharia and law articles, the manner of obtaining the rights and other laws of the country, job descriptions and work plan and addresses the submitted civil and commercial cases of real and legal persons

This directorate whose main goals are the cohesion and leadership of related offices and obtaining civil and commercial rights of real and legal persons, in the center having administrative and professional organizational structure and supervision of performances units and evaluation.

2- The administrative management grade (4): consisted of a manager and two servant’s grade (6), whose duties are as following:

Processing the documents and orders received by head and taking the essential guidance for the further execution;
Presenting the documents, suggestions, decrees, approvals and other legal files to the general director of Huqoq for taking the guidance;
Following-up on how to implement the documents sent to different authorities for timely execution.
Unifying of the reports of quarterly execution of provincial Huqoq and presenting it to the authority of the ministry of justice;
Arrangement of the legal entries, arrangement of records and document to the box, inward and outward of the documents and there receipts;
Participating in administrative meetings as a secretary;

3- The civil rights experts’ board sub-directorate: consisted of one person sub-director in grade (3) and 6 persons in professional members grade (4) composed of three committees (property, commercial and family loans) consisted of two members.

The main duties of the civil rights experts’ board sub-directorate are as following:

Supervision of parties’ lawsuits in committees, providing legal consultations to the committees to improve the implementations;
Sending the files and petitions after orders of the general directorate of Huqoq to the related committees;
Taking the executive report from the committee and presenting them to the general directorate of Huqoq, supervision of the implementation of the goals of programs of the relevant sub-directorate;
Leadership, maintenance and guiding of the employees of the relevant sub-directorate and taking the decision for acquiring the goals of the programs of the relevant sub-directorate;
Providing the professional technical consultations for achieving the related administration programs;

A: The property committee: the main duties of this committee are as following:

Reviewing and addressing to the submitted petitions and complaints related to the cases belongs to provincial and districts units and participating in the composition of the implementation and evaluations board.
Commenting and providing reports related to legal cases in property issues;
Evaluating and review the property issues which are submitted from the provinces to the center for comments and review;
Participating and holding shares of committee members in implementations and enforcements of the positive legal documents and final decisions of the courts in property issues;
Participating of the committee members in reviewing of property issues in provinces and districts;
Resolving and inviting litigants parties’ to conciliation in property cases;

B: The debts and commercial committee: carrying out the following duties:

Addressing to the complaints, enquiries and legal petitions of debt and commercial sector;
Obtaining of the fixed legal rights of the lender according to the provision of the law and implementation of the final decisions of the courts in commercial and debt issues;
Inviting the litigants parties’ to reconciliation and participating in their corrective sessions;

C: Family committee; this committee has the following functions:

Checking and reviewing the submitted petitions and legal cases related to the family issues and providing answer to the enquiries of the legal administrations of provinces in such issues;
Addressing the issues of custody and guardianship of the kids;
Trying to resolve family disputes and inviting litigants parties’ for conciliations;

4- The general management of the advertisement and publications: consists of one general manager in grade (4) and tow members grade (5). The general management of advertisement and propagations based on the approval number (2) dated on 2019//4/27 of the leadership council of the ministry of justice the legal awareness journal with the members of the general management of advertisements and publication whom carried out the above responsibility, has been removed from the organizational structure of legal aid general directorate and included to the organizational structure of the general directorate of Huqoq.

Its duties are as following:

Monitoring the implementations of the professional management members to improve the programs and collecting the legal essays of the pen colleagues and editorial board of the legal awareness monthly magazine.
Conducting meetings of editorial board to revise the legal essays, design monthly legal awareness and sending them to the directorate of publication for the print.
Distributing legal awareness monthly magazine to the central and provincial directorate of ministry of justice to improve their legal knowledge.

5- The general management of the cases registration system is one position grade (4) and its duties are as following:

Registration of the submitted cases of the provinces and courts in the case registration system;
Providing report on the progress of the cases to the relevant officials;

The Huqoq directorate of Kabul and its sub-directorate:

The Huqoq directorate of Kabul has its own organizational structure and it consists of one administrative management grade (5) and two members grade (6) and also it has six sub-directorates (the implementing sub-directorate of the final decisions of the court in civil affairs, the sub-directorate of the first zone, sub-directorate of second zone, the sub-directorate of the third zone, the forth zone sub-directorate and the sub-directorate of environs).

The Hoquq Sub-directorate of First Grade Provinces:

In the seven first grade provinces of the country (Hirate, Kandahar, Kunduz, Ningarhar, Balkh and Paktia) the sub-directorates which are headed by a sub-director grade (3), consists of two professional members, experts of civil law grade (4) and an administrative servant grade (6).

The Hoquq sub-directorate of the second grade provinces:

The sub-directorate of these provinces which are consisted of (Kapysa, Parwan, Ghazni, Jawzjan, Helmand, Farah, Faryab and Takhar) provinces is likewise the organizational structure of the first grade provinces, with difference of the organizational structure of the sub-directorate of second grade provinces is taking into account only one professional member, expert of civil and commercial law.

The sub-directorate of the third grade provinces:

The sub-directorate of Huqoq of the third grade provinces includes (17) provinces (Bamyan, Panjshir, Maidan Wardak, Daikundi, Ghor, Uruzgan, Zabul, Laghman, Khost, Paktika, Nimroz, Badghis, Kunar, Nuristan, logar, Sar-e-Pol and Samangan) provinces, the administrative servant is not taken into account unlike the first and second grades provinces and the remaining organizational structure is as same as the first and second grade provinces Huqoq sub-directorates, it means it has only one section sub-director and one professional member, expert of civil and commercial law.

As well, in organizational structure of all districts of province without taking consideration of grade and its population scale including the fourteen districts of Kabul province, general management is taken into consideration including a manager grade (4) and also include a professional member of civil and commercial legal expert grade (5).