TERMS OF REFERENCE
Legal Experts to the Secretariat for Independent External Assessment of Effectiveness of the National Anti-Corruption Bureau of Ukraine (3 positions)
Background
The European Union Anti-Corruption Initiative in Ukraine (EUACI) Phase III is the biggest European Union (EU) support program in the area of anti-corruption in Ukraine, co-funded and implemented by the Ministry of Foreign Affairs of Denmark on behalf of the EU. It is a four-year program (2024-2028).
The overall objective of the EUACI Phase II is the reduction of corruption in Ukraine at the national and local levels through the empowerment of citizens, civil society, business, and state institutions. Such state institutions include Ukraine's whole newly set-up anti-corruption infrastructure, where National Anti-Corruption Bureau of Ukraine (NABU) plays important role in targeting high-level officials' corruption.
The National Anti-Corruption Bureau of Ukraine is a central executive body which is directly subordinated to the Government of Ukraine (the Cabinet of Ministers of Ukraine). The NABU is a pre-trial investigation body tasked with pre-trial investigation of large-scale and high-level corruption crimes committed by senior officials authorized to perform functions of the state or local self-governance. The Bureau has strong guarantees of independence prescribed in the law.
Investigative jurisdiction of the NABU includes corruption and other related criminal offenses (e.g., active and passive bribery in the public sector, foreign bribery, trading in influence, abuse of powers, embezzlement and misappropriation, illicit enrichment, money laundering, false statements in or non-submission of declarations by public officials). Criminal proceedings concerning these offenses belong to the NABU’s investigative mandate if (i) the offense is committed by a high-level official (e.g., former President, minister, MP, judge, civil servants of the highest level, etc.), and/or (ii) if the damage from the offense or undue benefit obtained as a result of the criminal offense exceeds a specific monetary threshold.
Cases investigated by the NABU are guided and prosecuted by specialized prosecutors from the Specialized Anti-Corruption Prosecutor’s Office. Judicial oversight at the pre-trial stage and adjudication during the trial in the majority of the NABU-investigated cases is carried out by the specialized court – the High Anti-Corruption Court.
The Law on the NABU sets out that an independent external assessment of the NABU’s effectiveness (NABU Audit) shall be performed annually.
Objectives and results
Legal Experts will provide legal support to the NABU Auditing Commission by conducting detailed legal analysis, offering expert opinions, and ensuring compliance with all relevant laws and regulations. This role requires deep legal expertise, strong analytical skills, and the ability to work collaboratively with the auditing team to achieve the objectives of the NABU audit.
Scope of work:
The Legal Expert is expected to:
1. Legal Research and Analysis:
- Conduct thorough legal research on relevant laws, regulations, and legal opinions.
- Analyze and interpret legal documents, and legislation relevant to the audit.
- Provide summaries and legal opinions on various issues related to the audit.
2. Document Review and Drafting:
- Review and draft legal documents, ensuring legal accuracy and compliance.
- Prepare legal briefs, memoranda, and other documentation required for the audit.
- Ensure all legal documents are up-to-date and reflect current legal standards and methodology.
- Monitor and ensure compliance with all relevant laws, regulations, and internal policies throughout the audit process.
- Identify and assess legal risks associated with audit findings and provide recommendations to mitigate these risks.
3. Support to Auditing Comission:
- Provide legal guidance and support to the Auditing Commission, helping to clarify legal questions and issues that arise during the audit.
- Upon request assist in the development of audit methodologies and procedures, incorporating legal considerations.
- Support the Auditing Commission in applying relevant legal frameworks to audit findings.
4. Reporting:
- Prepare detailed legal reports summarizing findings, analyses, and recommendations.
5. Other Duties:
- Perform any other duties as assigned by the Head of the Secretariat or Auditing Commission to support the NABU audit.
The working place is Kyiv, Ukraine.
Deliverables:
- Comprehensive documents detailing legal analysis of relevant laws, regulations, and policies impacting the NABU audit provided.
- Legal briefs, memoranda, and other necessary documentation to support the audit findings and recommendations provided.
- Prepared and presented legal analysis and findings to stakeholders, including follow-up actions on legal issues raised.
- Communication and coordination among team members and ensure timely dissemination of information delivered.
- Support to the Auditing Commission is provided;
- Legal memoranda, documents, etc are drafted ;
- Time sheets indicating time spent on assignments;
- Short final report (max 2 pages) with a description of provided services and methodology used.
Start date and period of implementation of tasks
The intended commencement date is the date of signature of the contract by both parties and the period of implementation of the contract will be up to 5 months, with a maximum duration of 70 working days starting from July – November 2024.
Requirements for the Service Provider
The assignment requires the services with the following qualifications:
Education:
- A law degree from a recognized institution.
- Additional legal certifications or a master’s degree in law is preferred.
Experience:
- At least 5 years of experience in a legal role, preferably within an anti-corruption agency, law firm, technical assistance project, government institution, or civil society organization.
- Extensive experience in legal research, analysis, and document preparation.
- Demonstrated expertise in criminal justice, anti-corruption laws, regulations, and similar assesments.
Skills:
- Strong legal research and analytical skills.
- Excellent written and verbal communication skills.
- Proficiency in legal research tools and Microsoft Office Suite.
- Strong organizational and multitasking abilities.
- Attention to detail and accuracy.
Language:
- Fluency in Ukrainian and English (both written and spoken).
Competencies:
- High level of integrity and commitment to anti-corruption principles, ability to work with sensitive information.
- Ability to work under pressure and meet tight deadlines.
- Ability to work independently and as part of a team.
- Strong understanding of the Ukrainian legal and regulatory environment.
Monitoring and evaluation
Definition of indicators
The performance of the Service Provider will be judged upon reaching the purpose of this contract as well as obtaining its results, as indicated in the section” Objective and results" herein, respectively. Moreover, the performance of the Service Provider will be judged upon the successful implementation of all the specific activities indicated in the section" Scope of work” of the present document.
How to apply
Provide the CV and expected daily rate in EUR till 15 July 2024, 18:00 Kyiv time to the Anti-Corruption Expert Viktoria Popyk, the e-mail: [email protected] with the title Legal Expert for NABU Audit.
Bidding language: English.
Clarification questions:
Questions for the Request for Bid should be addressed to [email protected] no later 12 July 2024, 18:00 Kyiv time.