Terms of Reference for
Legal expert for reconstruction of Ukraine
1. Background
EU Anti-corruption Initiative (EUACI) Phase II is the largest European Union support programme in the area of anti-corruption in Ukraine, co-funded and implemented by the Ministry of Foreign Affairs in Denmark on behalf of the EU.
Supporting anti-corruption efforts in Ukraine is a high political priority for the European Union and Denmark. By combating corruption, the EU contributes to the consolidation of democracy and economic growth of Ukraine, as well as the successful approximation of Ukraine with the EU.
The large-scale Russian invasion of Ukraine changed the context in which the EUACI is working. To address new challenges, the EUACI revised its work plan and decided to focus on several new topics, including the topic of transparent and accountable management of reconstruction aid.
The topic of reconstruction aid and integrity is one of the key activities of the program now both at the national and local levels and across the three components of the EUACI. The Government of Ukraine is the key counterpart of the EUACI in this area.
To support Ukrainian government’s efforts to manage effectively the process of the reconstruction and post-war recovery and to ensure that transparency and integrity considerations are taken into account, the EUACI has engaged with the Ministry of Infrastructure and The Ministry of Territorial and Regional Development (Ministry for Restoration) to establish the compact Integrity Support Group (ISG) consisting of several experts fully embedded into the Ministry and the State Agency for Restoration work.
To assist Ukraine with improvement of its legal framework to fight corruption and to help Ukraine in transparency and integrity process of reconstruction it is important to provide EUACI with legal advice and expertise in drafting legislation and policy analysis.
2. Objective
To assist the Ministry and the Agency for Restoration by providing legal advice and developing regulations and legislation in line with the best international anti-corruption practices, including EU directives and regulations, provide legal analysis and develop amendments or recommendations as needed.
3. Scope of work and expected deliverables
Scope of work
The Legal expert (hereinafter – consultant) will be a member of the EUACI established Integrity Support Group (ISG) within the Ministry of Restoration and refer to the head of the ISG. The consultant will need to fulfill the following tasks:
• assisting in developing draft laws and by-laws, amendments to them;
• providing legal advice;
• providing legal and policy analysis on broader anti-corruption issues in relation to reconstruction including, (but not limited to) corruption risks, conflict of interest, liability for corruption, functioning of government agencies and units, etc.;
• providing expertise in corruption risks assessment/register;
• assisting in improvement of regulatory framework in different aspects of anti-corruption policy and related issues
• assist the EUACI on relevant legal matters in the field of reconstruction.
While the consultant will refer to the head of the ISG, the person is also expected to work in close coordination with EUACI and will be required to report on the implementation of tasks.
Expected deliverables
• Provides consultations for developing a corruption risk assessment plans;
• Provides consultations for creating a Risks register of identified corruption risks with a description of each of them;
• Provides consultations for performing an assessment of corruption risks with written proposals for measures to eliminate them;
• Prepares written propositions for legislation changes for ensuring the integrity and efficiency of restoration process;
• Prepares written legal opinions and inputs to the draft laws and by-laws on the subject of their compliance with EU legislation, best international anti-corruption practices;
• Other thematic documents, including comparative tables, explanatory notes, policy briefs, and analytical papers.
4. Timeline
The intended commencement date is the date of signature of the contract with the consultant and the period of implementation of the contract will be till the end of June 2024 with a duration of maximum of up to 100 working days.
The work of consultant is regarded as a part-time employment and the workplace is Kyiv.
5. Professional Requirements
- Master’s degree in law or other related discipline.
- No less than 5 years of relevant professional experience as a lawyer or policy expert, preferably with the focus on justice/rule of law/anti-corruption field.
- Excellent legal writing and analytical skills.
- Previous experience in drafting legal acts, amendments to draft laws, drafting legal opinions.
- Awareness about anti-corruption reform in Ukraine and anti-corruption policy priorities.
- Insight into international anti-corruption practices and EU directives and regulations.
- Fluency in written and oral 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 contractor agrees 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 for the 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 finalizing 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. How to apply
Deadline for submitting the proposals is October 27, 2023, 18:00 Kyiv time.
The qualifying candidates should submit the following information:
1) Consultant’s CV
2) Consultant’s daily rate
3) Motivation letter (not exceeding one page).
The aforementioned information should be sent no later than the deadline indicated above to the following e-mail:[email protected], indicating in the subject line: The Legal expert
Bidding language: English.
8. Evaluation criteria
Bids will be evaluated under the criteria provided below:
- Experience, skills and competencies;
- Proposed budget. (Overall budget cannot exceed 23,000 euros.)