Legal affairs dept.

Department of Legal Affairs
Terms of reference:
1.Studying the cases in which the Ministry is a party and determining the causes of such cases and proposing the systems and legislations that lead to reducing them, in cooperation and coordination with the technical office.
2.Conducting and following up the investigations that are submitted to the Department and giving the legal opinion thereon, then submitting them to the competent authorities to determine what they deem in this connection.
3.Studying the grievances referred to the Department by specialized parties and giving legal opinion therein, then informing the concerned authorities of the final decision on the grievance.
4.Identifying and studying the articles of constitutions, laws, decrees, regulations and rules applicable in the GCC countries, in addition to enumerating and studying all bilateral legal and judicial cooperation agreements concluded by member States with the rest of the GCC and Arab countries, as well as regional and global collective agreements ratified or acceded to by the member States to which the State of Kuwait is a party.
5.Identifying and studying all the draft guiding legislation prepared in the framework of GCC Cooperation and the League of Arab States, which the State of Kuwait participated in preparing.
6.Reviewing and studying the special periodic reports issued by the official bodies or NGOs  (Non government organizations) related to the work of the Ministry of Justice, especially the reports on human rights.
The organizational structure of the Department of Legal Affairs consists of the following divisions:
 o Secretarial Section, directly accountable to the manager of the Department, specialized in the following:
1.Carrying out the issued and incoming work of the Department with the necessary records and follow up the procedures accustomed at the Ministry in this regard.
2.Keeping files, documents, books and other papers related to the Department’s archives.
3.Follow-up all administrative work related to the employees working in the Department, such as supervising the official working time and procedures for their leave.
4.Preparing requests for the disbursement of store materials including stationery and other items and dispensing them to the Department staff as needed.
5.Performing typing, photocopying, packaging and binding works for the Department.
6.Preparation and follow-up of the five-year operational plans related to the Department.
7.Prepare annual reports on the work of the Department.
8.Prepare the periodic legal bulletin containing the legislations and ministerial decisions and distribute them to the concerned authorities, the judiciary and the public prosecution.
9.Other relevant work assigned to it.
 
• Legal Affairs Control, specialized with the following:
1.Studying the cases in which the Ministry is a party, determining the causes of such cases and proposing the systems and legislations that lead to reducing them, in cooperation and coordination with the technical office.
2.To carry out and follow up the investigations that are submitted to the Department and to present the legal opinion therein, then submit them to the competent authorities to determine what it deems in this regard..
3.Conduct studies and research related to the legal aspects of the Ministry's work.
4.Studying the grievances referred to the Department by the specialized staff and giving legal opinion therein, then informing the concerned authorities of the final decision on the grievance.
5.Prepare the periodic legal bulletin containing the legislations and ministerial decisions and distribute them to the concerned authorities, the judiciary and the public prosecution.
The Control consists of three sections:
o Cases and Investigations Section, which specializes in the following:
1.Studying the cases in which the Ministry is a party, determining the causes of such cases and proposing the systems and legislations that lead to reducing them, in cooperation and coordination with the technical office.
2.To carry out and follow up the investigations that are submitted to the Department, to present the legal opinion therein and submit them to the competent authorities to determine what they deem in this regard.
3.Consideration of complaints received from the various organs of the Ministry referred to the Department by the specialized staff which include reports on employees who violate the provisions of the law and their duties.
4.Prepare periodic and annual reports on the Department's work and submit them to the Department.
5.Other relevant work assigned to it.
o  Legal Studies and Grievances Section, specialized in the following:
1.Conduct studies and research related to the legal aspects of the Ministry's work.
2.Preparation and study of projects or proposals concerning the laws and decrees related to the Ministry of Justice and preparation of explanatory notes, in cooperation and coordination with the Technical Office.
3.To examine the complaints of the public referred to the Department by specialists of a  legal nature and to study the reasons and express opinions therein.
4.Propose the appropriate implementation mechanisms in coordination with the Department of International Relations to form task forces to follow up the international conventions after the issuance of the relevant legislation.
5.Studying the grievances referred to the Department by the concerned parties, providing legal opinion therein and informing the concerned parties of the final decision on the grievance.
6.Prepare periodic and annual reports on the Department's work and submit them to the Department.
7.Provide the judges, members of the public prosecution and officials with all their needs of legal legislations and a set of local, Arab and international judgments.
8.Other relevant work assigned to it.
• Collection and Settlement of Government Debts Procedures, specialized with the following:
1.Taking measures to collect the debts due to the Ministry, in accordance with the documents submitted to the Department, whether by certified debt or final judicial decisions issued in this regard, in coordination with the competent implementation departments and the Department of Finance.
2.To carry out the procedures for settling the amounts claimed by the Ministry in accordance with the final judicial decisions and the executive documents received from the General Department of Execution in coordination with the Technical Office and the Financial Affairs Department.
3.Coordinating with the technical office regarding the judicial claims regarding the amounts due to the Ministry either to its former employees or applicants  who benefit from its services, in cooperation with the departments of the Ministry which have debts.
4.Other relevant work assigned to it.

•Legal Information Networks Control, consisting of four sections;
oInternational Legal Information Network Section, specialized with the following:
1.Coordination with Glenn main centre in Washington in connection with the abstracts of national legislations in Arabic language to translate them into English language, intended to be included in the network.
2.Training the representatives of the countries or entities joining the Centre on how to research and summarize the laws and other issues related to the work of the Glenn network, pursuant to the protocol between the Ministry of Justice in Kuwait and the headquarters of the Legal Information Network (Glenn) at the US Congress Library on September 27, in connection with the jointing of the State of Kuwait of the network membership.
3.Study and compile national legislation and regulations and make appropriate legal summaries and audit them.
4.Follow up the issuance of national legislation and the amendments made in coordination with the Department of Legal Advice and Legislation and the Kuwaiti National Assembly.
5.Coordinating with the Translation Section and Technical Coordination Section to scrutinize the translation of legislation, regulations and legal texts in English, and amend them in light of what is required by the standards adopted by the Glenn  Centre.
6.Other relevant work assigned to it.
o Legal Information Network of the GCC and Arab States, Section, concerned with the following:
1.Compiling and studying the articles of constitutions, laws, resolutions, regulations and rules applicable in the GCC countries.
2.Identify and study all bilateral legal and judicial cooperation agreements concluded by the Member States, with the other GCC States and the Arab States, to which the State of Kuwait is a party.
3.Review and study all legal and judicial cooperation agreements and regional and global collective agreements ratified or acceded to by Member States to which the State of Kuwait is a party.
4.Identifying and studying all the draft guiding legislation prepared in the context of cooperation between the GCC and the League of Arab States, which the State of Kuwait participated in preparing.
5.Identifying and studying all international documents of concern to the Ministry of Justice, especially those related to the topics of international conferences in which the State of Kuwait has participated or will participate in terms of relevant recommendations, resolutions and studies.
6.Reviewing and studying the special periodic reports issued by the official bodies or NGOs related to the work of the Ministry of Justice, especially the reports on human rights.
7.To review and study all the data relating to the periodicity of meetings in which the State of Kuwait will participate within the framework of the Gulf Cooperation Council, the League of Arab States, the United Nations and other regional and international organizations.
8.Monitor the workflow of the network by following up and checking the legal information that is placed on the network.
9.Other relevant work assigned to it.
o Translation and Technical Coordination Section, concerned with the following:
1.Translation of legal summaries prepared by the Informatics Research Section.
2.Translation of reports and correspondence from and to the headquarters of the Library of Congress - Washington.
3.Listing the legal and scientific terms of the search engines (in English).
4.Participate in the preparation and design of reports and curricula in cooperation with the Informatics Research Section.
5.Informing the member countries of the network of how the translation of abstracts and other translation issues is done.
6.Other relevant work assigned to it.
o Informatics Research Section, specialized in the following:
1.Enter the data, tables, texts and legal summaries mentioned in items 1-3 of the Global Legal Network's terms of reference and send them to the US Congress Network.
2.The introduction of the legal texts, international documents and others mentioned in items 1-7 of the Terms of Reference of the Legal Information Network of the GCC and the Arab States in respect of the Kuwaiti side.
3.Scanning and storing the documents on the computer.
4.Preparing reports and curricula in coordination with the Translation and Technical Coordination Section.
5.Supervise the entry of data and legal documents by Member States.
6.Other relevant work assigned to it.


 

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