The General Directorate of State Cases, is one the central and key departments of the Ministry of Justice of Islamic Republic of Afghanistan. This directorate was established based on the decision of the then government in 1964, in order to litigate before the courts the civil and estate cases of the State. For this purpose, the Law of State Cases has been codified in 8 chapters and 38 Articles and is enforced.
Organizational Structure (Tashkeel) of the General Directorate of the State Cases:
This directorate, in its structure has 1 Advisory position on the State Cases, 6 positions of Professional members of the Commercial Committee, 12 positions of professional members of the Estates Committee, 2 positions for the members of the Financial and Admin. Committee, 2 positions of Administrative Management, and 1 position of the General Management for Registering Cases.
Main Objectives of the General Directorate of State Cases:
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Defending movable and immovable properties of the state;
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Defending financial rights and the lawful benefits of the state and the joint institutions;
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Preliminary examination of financial claims between state and joint institutions in the one hand, private organizations and citizens on the other hand;
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Examination and taking obligatory decisions on financial disputes and disputes arising from contracts between State and joint institutions.
Main Duties of the General Directorate of State Cases:
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Taking necessary decisions for reconciliation amongst the claimants, and approving their reformative settlement;
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Litigation in the courts on behalf of the State;
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Defending the benefits of the State before the courts in claims sued against the State;
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Requiring further justifications from parties to the claim of the claim or the third persons, in cases the justifications are insufficient;
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Summoning the third persons as defendants in the case under consideration among the state and joint institutions, in case of existence of sufficient justifications;
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Requiring technical, productive, accountancy… examinations as well as seeking of experts’ views for clarification of the facts relevant to the case under consideration among the agencies, referred to in Paragraph (5) of the Law of State Cases.
The General Directorate of State Cases, has close working and professional relation with all the directorates of the Ministry of Justice, in particular, Directorate of Hoqooq and Taqneen. Likewise, it has close working relation with Kabul Municipality, the Deputy Ministry of Land Management, Directorate of Estates of Ministry of Agriculture, and the General Directorate of Survey and Cadaster. Nonetheless, the General Directorate of State Cases, requests all the government agencies to submit the necessary documents and proofs of the illegally seizure or usurpation of their movable and immovable properties by persons and individuals, to the General Directorate of State Cases, so that it defends the properties and benefits of the state, before the courts, according to the law and Sharia.
