Government Cases

Brief Introduction of General Department of Government Cases

History:

Lawsuit on cases related to government offices, mixed organizations and government Enterprises regarding movable and immovable issues, used be conducted by the subject organizations and enterprises before 1964. In 1964, based on the decision of the government at that time, General Department of Government Cases was established in the framework of Ministry of Justice aimed a single structure for civil and government properties lawsuit. Therefore, government cases law containing working procedures of the mentioned Department codified and enforced in Eight Chapters and Thirty Eight Articles.

Introduction:

General Department of Government Cases has been one of the key Departments of Ministry of Justice established to take lawsuits related to movable and immovable properties of the government in front of the courts and also to defend legal interests of the government in the structure of Ministry of Justice, and it has secondary units in 34 provinces of the country as well.

General Department of Government Cases has close professional relation with all other Departments of MoJ, especially, central and Kabul province Huqooq and Legislative Departments, and in case of any complaints by individuals and government administrations regarding seizure of government properties with government institutions, General Department of Government Cases in case of need asks for necessary documents from mentioned institutions, so that based on that legally and religiously defends from properties and interests of the government in the courts. General Department of Government Cases has work relations with Municipality Departments in the provinces, Afghanistan’s Independent Land Authority, Ministry of Agriculture, Irrigation and Livestock, Kabul Governor’s Office, Survey and Cadaster General Directorate and other Independent Departments and Ministries based on the verdict of articles 7, 6 and 9 of Government Cases Law and according to the article 16 of Government Cases Law and has the obligations to defend from the legal interests and government properties.

Main objectives of General Department of Government Cases:

According to the verdict of article 2 of Government Cases Law

Protection and preserving of public properties.
Organizing affairs related to lawsuit and disposal of lawsuit and their prosecution, representing the government in front of the courts.
Organizing affairs related to resolution of legal disputes among administrations related to government three branches of power, Independent Commissions, Enterprises, public and mixed companies and Municipalities.
Defending from movable and immovable properties of the government
Defending from financial rights and legal interests of the government and mixed organizations
Preliminary assessment of financial lawsuits between government and mixed organizations from one side and non-governmental organizations and citizens on the other side
Assessment and adopting applicable promises in financial disputes and conflicts derive from contracts between Government and Mixed Organizations.

!General Department of Government Cases’ Work Perseverance

Implementation of laws of the country regarding public rights advocacy
Holding effective measures for restoration of governmental usurped land
Measures for enhancing knowledge level of government’s cases professional members in the center and provinces levels by holding Seminars
Promote and explain legislative documents in the society regarding public rights where the public interests would be included in, through legal magazine (Adalat) and media
Implementation of government’s authority verdicts about government’s movable and immovable properties.
Giving legal advices and guidance to Government’s Cases Department in the provinces
Issuing adopting applicable promises of compromise and solutions of disputes between litigant Governmental Administrations and Organizations and restoration of government’s properties in case no documents presented by individuals based on the law
Arranging indictment, disposal of claimant’s lawsuit and objecting court’s decisions based on country’s enforced verdicts and laws which result detriment for the government
Demand appeal and arranging objection on issued contracts by the Supreme Court
Proposal draft for codification of legal documents and modification of Government’s Cases Law
Dispute resolution between Organizations and Government Administrations
Studying laws of other countries regarding public rights for professional utilizing, improving and evolution of related administrations to the government cases
Making decision regarding offensive disposal on public properties and its restoration in the framework of provision of law to the related administration
Lawsuit against legal and natural individuals in front of the courts in cases where the public properties have been confiscated or invaded by them
Attracting governmental and or professional individuals cooperation about identifying and consolidation of public properties
Introducing Usurpers on public properties for prosecution to the related sources
Demanding documents, reasons and evidences necessary for the governmental administrations to prove their properties
Demanding for technical, manufacturing, accounting and other tests and asking for Experts’ opinions in this regard
Summoning individuals who holds information and evidences relating the case
Inviting government officers for addressing their legal disputes
Holding coordination meetings twice for each quarter of the year between government administrations.

General Department of Government Cases’ daily performance guideline and process

Receiving files and correspondences:

General Department of Government Cases’ Administrative Office has been the most important part of GDGC’s departments which holds the responsibilities of integrating and recording of all files and correspondences sent or received through this Department and after consideration by the Director, this department sends them to the related departments and professional members.

Execution method:

Recording received files and correspondence by the Administrative Department within two days (verdicts, decrees, approvals, correspondences, suggestions, petitions…..) into relevant inclusion and databases and presenting them to the Director of GDGC for further guidance and then submitting them to the professional members for review and executions.
Referencing files and correspondence by Administrative Department within two days, after consideration of General Director of GDGC to the triplet committees of central and provincial sections through.
Receiving correspondence replies by the Administrative Department from the relevant sections of GDGC in the center and provinces and sending them to the related references after consideration by the Ministry or GDGC.
Getting the files back by the Administrative Department within two days after executions of professional members and sending them to the relevant references (Courts and related Administrations).
Receiving guidance from General Department regarding the received correspondences, provision of monthly, quarterly and annual reports, and preparing proposals for the requirements of the Administrations to the Ministry.

Protection and Defending Public Rights

The General Directorate of Government Cases has three committees and are as following:

Civil Committee: Defending the properties and interests of the three branches of government power and mixed institutions, reviewing the received petitions and correspondences about civil dealings and defending the government rights before commercial courts.
Commercial Committee: Reviewing the financial disputes and disputes arising from contracts between real and legal persons and reviewing the received petitions and correspondences about commercial dealings and defending the interests of government against debtors, banks, corporations, organizations, real persons, governmental offices and others before the commercial division of three-tiered judicial system.
Financial and Administrative Committee: Reviewing the administrative disputes arising from contracts of employees 'servants' pensions, problems arising from competitive examinations between volunteers and offices, corporations and mixed government institutions, and defending the rights of offices before the court.

Execution Method:

Receiving and registration of documents and files after the issuance of guidance by General Director to members of Property and Commercial Committee for public rights advocacy.
Referral of the received documents and files to the relevant committees after study and approval of the general director and submission to the members of the committee from the Administration for public rights advocacy, the committee is responsible for taking the following actions:

1) The above mentioned triplet committees are obliged to accurately review the collected papers in the files, lawsuit, lawsuit disposal and objection within 15 days in accordance with article 24 of Civil Procedure Code and after ensuring about the scrutiny, reviewing and collection of relevant documents and legal proceedings, the assigned prosecutor gives his ideas and signs about its legality. If after studying and reviewing the attained information was not sufficient, the assigned prosecutor is legally obliged for the completion and collection of information. After being ensured about the completion of information and review, the assigned prosecutor gets the signature of the committee and the relevant director, and submits it to the relevant authorities (three-tiered courts and offices).

Receiving documents and files by commercial, civil, administrative and financial committees.
Addressing the files and petitions after receiving information from petitioner, government entities, experts (according to articles 176, 177, 184, 185, 186 of Criminal Procedure Code: Cadaster surveyor, municipality engineer, accountant and……) and the references where the information is required, through an official letter or warrant by professional members of commercial, civil, administrative and finance committees.

Officially announcing the results of the case to the government by professional members within fifteen days after the completion of trial process.
Transferring the case to competent court in accordance with article 125 of Civil Procedure Code in case dissatisfaction of the parties to documents and collected evidences by the assigned professional member.
Transferring the case to relevant government office in order to protect government property, if the opposite party of the government confesses about properties being government’s belonging or the objective of claim or in case of failure to provide supporting documentation in the determined legal time.
Preparing the lawsuit, lawsuit disposal, objection and disposal of objection based on the evidence as plaintiff and defendant and submitting it to the assigned committee for more scrutiny and transferring it to the court after approval of the Government Cases’ General Director.
Participation of the assigned professional member in judicial sessions until the finalization of the mentioned issue.
Preparing the objection or petition for reconsideration based on the new evidences and reasons in accordance with the articles 480 and 482 of Civil Procedure Code to the High Council of Supreme Court by the assigned professional member.
If the issued verdict was against the government, the assigned professional member demands supporting documents and reasons from relevant government office to reconsider the verdict of courts after issuance of final verdicts and implementing the provisions of the verdict in accordance with the articles 480 and 482 of Civil Procedure Code.
Sending the final and definite verdict of the courts to the relevant references for their implementation within 10 days.
Participation of assigned professional representative of in Supreme Court high Council meetings for explanation of the issue and defending government rights.

Lawsuit in Government Offices

Receiving documents and reasons from government references by assigned professional member in specific time as stipulated in article 8 of the Government Cases Law.
Requesting the authorized representatives and professional employees of the offices in accordance with article 20 (5) of government cases law in order for the assigned professional member to explain the issue in details.
Holding the meeting about the relevant issue in Government Cases Department of MoJ and requesting the representatives of offices for participation in the conciliation meeting in accordance with article 18 (2) of the Government Cases Law.
Demanding the parties for conciliation after explanation of the issue and presenting the document and reasons from government offices including the assigned professional member case and issuance of ruling based on parties’ conciliation and in case of one of the litigants’ absence, the rule of conflict resolution will be issued.
The issued ruling about the relevant issue by the assigned professional member is enforceable in case when the offices are not ready for conciliation (when the issued ruling of the professional member is approved by the director of government cases department, only the President Office and Minister of Justice has the abolish right.

Participation in Joint and Specific Committees:

Participation and sharing the idea of the director of government cases department, or one of the professional member of the two committees of general directorate of government cases as head or member of the delegations in meetings and commissions on behalf of MoJ after issuance of the President’s Office verdict and instruction of MoJ.

Receiving Information about Property and Government Goods

Issuance of letter in order to introduce the professional members to government offices for assigning the representatives of offices for cooperation with the representative of government cases after it is signed by the General Director of Government Cases.
Establishing direct contact with professional members of relevant committees to the government offices in order to get information, documents and strong reasons for restitution of rights and the lost property of the government.
Receiving documents and supporting documents to strengthen the lawsuit and lawsuit disposal in the court by the assigned professional member, in case of documents’ nonexistence, it is officially referred to offices and the documents are requested from them.