Terms of Reference
1. Background
The anti-corruption reform process is not complete and there are still significant shortcomings in the fight against corruption. Ukraine continues to trail far behind other European countries on the various corruption indicators and few high-profile cases has so far ended in the needed convictions.
Based on the significant results of the joint Danish and EU Anti-Corruption Initiative (EUACI) in Phase I 2017-2020, Denmark and the EU engaged in a second phase of the programme aimed at sustaining existing results and further expanding the support to newly established institutions, support to municipalities, civil society, media and the business sector. The implementation period of the present action is 24 May 2020 – 8 July 2024. EUACI Phase II builds on the Ukrainian anti-corruption reform agenda and is aligned with the vision of the Government of Ukraine.
On 14 October 2014, the Ukrainian Parliament adopted the Law of Ukraine on Corruption Prevention (LCP) establishing the National Agency on Corruption Prevention. On 15 August 2016 the agency officially launched its operations. In October 2019, the Parliament adopted the amendments to the LCP changing the nature of the agency from collegial body to a single-chaired body and launching comprehensive reboot of the agency.
According to Article 11 of the LCP, the NACP is a central executive body with special status, which shapes and implements the state anti-corruption policy; verifies the e-asset declarations of officials, MPs, judges and prosecutors; identifies and manages conflict of interest; regulates party-funding; identifies corruption risks in state agencies and ministries; supervises and cooperates with anti-corruption officers in state bodies; conducts studies and research on anti-corruption; raises awareness and zero tolerance on corruption; leads the Register on E-Asset Declarations and Register of Corrupt Persons; conducts anti-corruption proofing of draft legislation etc.
The Verkhovna Rada (the Ukrainian Parliament) Committee on Anti-Corruption Policy (CAP) facilitates the work of the Parliament in terms of its legislative, oversight and representation functions. The CAP is responsible for scrutinising corruption-related legislation and monitoring the implementation of anti-corruption reforms. It oversees the policy implementation and screens the legislation for corruption risks.
2. Objective
The main objective of technical support to be provided to the NACP within the framework of this engagement is to strengthen its capacity to deliver in areas essential for the fulfilment of its mandate, such as development of national anti-corruption policies and implementation programmes, improvement of legal and regulatory framework on e-declarations, conflict of interest, life-style monitoring, further development of corruption risk assessment methodologies, as well as alignment of internal institutional development of NACP with expected achievements in the above mentioned areas.
3. Scope of work and expected deliverables
Scope of work
The National anti-corruption policy expert will be working closely with the management and relevant department representatives of the NACP for the fulfillment of following tasks:
- assisting in the development and implementation of National Anti-Corruption Strategy and the State Anti-Corruption Programme;
- assisting in improvement of regulatory framework on financial control, conflict of interest, anti-corruption policy, etc.;
- assisting with the revision of the methodology of corruption risk assessment of laws and regulations, including by bridging NACP efforts with that of the Parliamentary Committee on Anti-Corruption Policy (CAP) and possibly with the Ministry of Justice of Ukraine;
- assisting in the policy analysis on broad anti-corruption issues, as well as in the areas such as asset and income declarations, conflict of interests, corruption risk assessment, life-style monitoring;
- assisting in developing draft laws and by-laws, briefing notes and expert opinions and analysis on the request of the NACP, CAP and EUACI;
- assisting in conducting needs assessment of the CAP and its Secretariat with a particular focus on business processes and workstreams related to AC proofing (complimentary to the work of International Senior Legal Consultant);
- Assisting in the development of effective communication and partnerships with CSOs and expert community.
Expert will be expected to work in close coordination with EUACI representatives and will be required to reports following the implementation of tasks.
Expected deliverables
- Legal and Policy assessments and opinions;
- Action plans and strategic documents in areas agreed upon by the NACP, CAP and the EUACI;
- Legal and policy analysis, research and briefing notes;
- Internal regulatory and methodological framework and other documents for NACP and CAP;
- Other thematic documents, including briefing notes, minutes and charts;
- A final report of maximum 5 pages, excluding annexes as the final deliverable. The report shall provide an assessment of the achievements made in relation to the scope of work and deliverables, and any critical issues/recommendation for possible follow-up.
4. Timeline
The intended commencement date is the date of signature of the contract with consultant and the period of implementation of the contract will be 2 years, with a duration of 180 working days.
5. Professional Requirements
Education and Experience:
- A university degree in law, political science, international relations or related discipline;
- At least 3 years of relevant professional experience as an analyst with the focus on rule of law/anti-corruption field;
- Proven experience in providing advice and conducting legal and policy analysis on anti-corruption issues, including Ukrainian and international anti-corruption context;
- Experience in drafting policy documents, legislative and regulatory framework;
- Excellent analytical and evaluative skills;
- Excellent communication skills;
- Previous experience working with/knowledge of anti-corruption reform in Ukraine will be considered as an asset;
- Fluency in written and oral Russian/Ukrainian and English.
6. Monitoring and evaluation
Definition of indicators
The performance of the contractor will be judged upon reaching the purpose of this contract as well as obtaining its results, as indicated in the sections "Objective" and "Expected Deliverables" herein respectively. Moreover, the performance of the contractors will be judged upon successful implementation of all the specific activities indicated above.
Special requirements
By signing the contract, the contractors agree to hold in trust and confidence any information or documents ("confidential information"), disclosed to the contractors or discovered by the contractors or prepared by the contractors in the course of or as a result of the implementation of the contract, and agrees that it shall be used only forthe purposes of the contract implementation and shall not be disclosed to any third party.
The contractor reports to the EUACI. The contractor shall be briefed prior to starting with the assignment. The contractor shall de-brief the EUACI prior to finalising the assignment.
The contractor shall immediately inform the EUACI after 50% and again after 75% use of the overall foreseen working days under this contract.
7. Cross-cutting issues (integration of the youth, equal opportunities)
The project will be implemented ensuring equal opportunities for men and women and integration of the youth.
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HOW TO APPLY
Deadline for submitting the proposals is 11 November 2020, 18:00 Kyiv time.
The qualifying candidates should submit the following information:
1) Expert’s CV
2) Expert’s daily rate
3) Motivation letter (one page).
The aforementioned information should be sent no later than the deadline indicated above at the following email [email protected], indicating in the subject line: National Anti-Corruption Expert for NACP and CAP.
Bidding language: English.