ارکان مسئولیت مدنی اداره در نظام حقوق اداری افغانستان

Abstract (English)

Civil liability of administration is one of the modern legal concepts within the framework of administrative law that is mostly executable in democratic systems. Civil liability of administration refers to the obligation of the administration to pay compensation for damages resulting from actions that have caused har. Based on the general context provided, it seems that two major theories (fault and no-fault) regarding administrative liability have been discussed, and countries resort to one or both of these theories based on their own conditions and requirements. Upon reviewing the laws of the country, it can be seen that Afghanistan has generally accepted the fault theory, although in exceptional cases, it has also benefited from other theorie. "What are the elements and components constituting the civil liability of administration in the system of administrative law? This is the main question that this text aims to find an appropriate answer to. In this research, using the library method and an analyticaldescriptive approach, the existence of fault, damage, action or omission, wrongful act, and the causal relationship between the wrongful act and the resulting harm have been identified as the elements constituting the civil liability of administration. While in theory, the issue of accountability and responsibility of the government in case of causing harm to individuals has been identified in many provisions of Afghanistan's laws, the lack of adequate enforcement guarantees and practical solutions for realizing such a matter poses a major challenge in this field.

English