Background

I. Context

 

The United Nations Development Programme (UNDP) has been active and present in eastern Ukraine for the past decade, prior to the conflict, with a focus on community development, civil society development, and environmental protection. Work on addressing the specific conflict-related development challenges built on this earlier engagement, established partnerships, and started in 2015 through the United Nations Recovery and Peacebuilding Programme (UN RPP). UN RPP is a multi-donor funded framework programme formulated and led by the UNDP in collaboration with the Government of Ukraine and in cooperation with a number of partnering UN agencies (UN Women, FAO, UNFPA). UN RPP was designed to respond to, and mitigate, the causes and effects of the conflict in the east of Ukraine. It is an integral component of the UNDP Country Programme and is therefore fully aligned with the United Nations Partnership Framework (UNPF).

 

In October 2018, four UN agencies (UNDP, UN Women, FAO and the UNFPA) have countersigned a new joint project document, funded by the EU. The overall objective of the project is to restore effective governance, support economic recovery and promote reconciliation in the crisis-affected communities of Donetsk, Luhansk and Zaporizhzhia oblasts in Ukraine, thereby enhancing the credibility and legitimacy of local governments in the government-controlled areas of the regions. It will contribute to peacebuilding and prevent further escalation of the conflict in Ukraine through effective and accountable decentralization, gender-responsive recovery planning and equal access to services, as well as enhanced economic recovery and development.

 

Component ??? of UN RPP “Community Security and Social Cohesion” aims to reach some of its goals through small grants and mini-initiatives fund establishment. This includes implementation support of the projects strengthening community security and social cohesion through testing innovative legal aid, access to justice, conflict resolution and peacebuilding mechanisms at local level.

 

One of the objectives of the Project is to improve the capacity of local judicial institutions to properly provide their services to the conflict-affected population, including the Internally Displaced Persons (IDPs). One of the negative impacts of the armed conflict in Eastern Ukraine is lack of access to the archives and judicial cases which were not moved from the non-government controlled areas (NGCA) of both Donetsk and Luhansk oblasts. This situation creates delays in the process of judicial cases resolvent and seriously complicates the access to justice for local people in various cases on the government-controlled areas (GCA). In this respect, the Project seeks a highly-qualified professional who could conduct a review of situation with estimation of the needs, and its impact on access to justice. This assignment will also include a research on a problem of unavailability and inaccessibility of the Judicial Cases, Notary, Bureaus of Technical Inventory and State Land Cadastre  archives left in NGCA on citizen’s access to justice in GCA. For this reason, the Consultant under this ToR will work in close collaboration with the National Individual Consultant on research of unavailability and inaccessibility to archives currently not available at GCA (Justice Departments, Migration and Labor Services, Pension Fund archives’ left at NGCA) conducting joint activities and preparing joint documents.

 

 

II. Scope and Objective of the Assignment

 

The main objective of the assignment is to study and analyze the existing situation of lack of the archives and judicial cases and its impact on work of the relevant state authorities and, in respect, on access to justice the conflict-affected population. Another field of this study is  estimation of needs of the state authorities in current context and relevance of the current procedures in terms of rule of law. This assignment is focused on the following materials:

 

Consultant will coordinate his / her activities with the National Individual Consultant on research of unavailability and inaccessibility to archives currently not available at GCA (Justice Departments, Migration and Labor Services, Pension Fund archives’ left at NGCA).

 

This objective will be achieved by the following actions:

Duties and Responsibilities

III. Duties and Responsibilities

The Consultant will deliver the following results:

This assessment should include the full list (including links to the online resources) and short analysis of the relevant international and national legislation and international and national judicial practice (if relevant judicial practice be identified during this assignment), existing reports (regarding relevant situation in Ukraine). In order to make this information practically useful the Consultant will highlight those international acts and judicial decisions which are applicable in Ukraine.

At this stage the Consultant will draft the requests to respective state authorities on relevant information regarding statistical data and quantity of missing archives and judicial cases and challenges (including monetary and time costs) to assess the influence of lack of these materials. The Project will send out these requests and provide the Consultant with the received data (answers).

2. To interview of the relevant stakeholders.

This part of the assignment should include deep interviews with the following stakeholders (at least 5 each on the local, regional and national levels, 20 interviews in total):

  • Judges
  • Notaries
  • BTI workers (including management)
  • State Land Cadastre workers (including management)

The interviews should be focused on the needs and impact of lack of the archives and judicial cases. The areas of the local and regional level interviews – authorities of Donets and Luhansk oblasts, the concrete list should be developed by the Consultant and approved by UNDP. UNDP may assist with organization of interviews with some interviewees (to be discussed). The concrete questionnaires should be developed by the Consultant and approved by UNDP.

3. To develop joint (with another Consultant) Interim Report on the current situation, needs and impact of lack of the archives and judicial cases with the inputs of the National Individual Consultant on research of unavailability and inaccessibility to archives currently not available at GCA (Justice Departments, Migration and Labor Services, Pension Fund archives’ left at NGCA).

This part of the assessment should include the analysis of information received from the previous stages. In the result, the Consultant should analyse the situation and formulate the exact description of this situation, it’s impact on the human rights and access to justice for conflict-affected population, as well as estimation of needs of both these authorities and service users. This analysis should correspond to the actual context and be in line with Ukrainian legislation. All this information should be compiled to the Report.

The Report should include:

Final outline to be identified after joint initial discussion with both Consultants and UNDP.

The Interim Report will include the findings of the desk review and interviews. The Interim Report should be prepared in Ukrainian and provided in the following formats: graphs in *.pdf, *.xls and *.docs formats, at least 30 pages, Times New Roman, 12 pt., lines space – 1,15.

4. To conduct three joint workshops among relevant stakeholders on the Report’s findings.

The workshops will be held in Donetsk and Luhansk oblasts and Kyiv. They should include the participants from relevant authorities, interested in the results of this assignment. UNDP will support the logistical part of these events. The Consultant will agree with UNDP on exact participants prior to the event. The Consultant should:

 

5. To prepare the Final Report with the inputs of the National Individual Consultant on research of unavailability and inaccessibility to archives currently not available at GCA (Justice Departments, Migration and Labor Services, Pension Fund archives’ left at NGCA)

The Report should include:

Final outline to be identified after joint initial discussion with both Consultants and UNDP.

The Final Report will include the findings of the workshops and will correspond to the outline described in the p. 3. The Final Report should be prepared in Ukrainian and provided in the following formats: graphs in *.pdf, *.xls and *.docs formats, at least 50 pages, Times New Roman, 12 pt., lines space – 1,15.

 

IV. Deliverables

The following deliverables will be provided by the Consultant

 

No.

Item

Dates of submission

Number of working days

1

Review of relevant International and National legislation, judicial practice

by April 20th

4

2

Interview of relevant stakeholders

by May 25th

25

3

Preparation of the Interim Report

by June 10th

6

4

To conduct the joint workshops

by June 25

4

5

Preparation of the Final Report

by July 5th

4

Total

 

43

 

 

V. Proposed Payment Schedule

UNDP will pay the negotiated amount in 2 tranches as per delivery of the outputs outlined above.

Delivery of outputs 1 – 3

50% of the total payment

Delivery of outputs 4 – 5

50% of the total payment

Payment will be processed upon full completion and acceptance of contractual obligations where UN RPP Component Lead signs certification of acceptance.

 

VI. Monitoring and Reporting Requirements

The Consultant will work under overall guidance and direct supervision of the UN RPP Component Lead in accordance with terms of deliverable submission through meetings\calls\mails.

Electronic versions of reports and duly completed timesheets should be prepared and submitted for clearance and approval by the Rule of Law and Access to Justice Individual Specialist in accordance with terms of deliverable submission.

The Consultant should clearly and concisely identify the work that has been carried out during this period, list major accomplishments, and difficulties/problems encountered during the process. The report should also indicate whether the result was achieved or whether there is a delay in the implementation of the planned activities. In the case of a delay, the reasons and advised solutions should be clearly stated.

Competencies
  • Ability to perform analytical and research work,
  • Deliver outputs in a timely manner;
  • Excellent interpersonal communication skills;
  • Sound judgment and maturity to foster a positive work environment;
  • Ability to work effectively as part of a team;
  • Demonstrated strong analytical, coordination and facilitation skills;
  • Strong user of office software packages.
Required Skills and Experience

VII. Experience and Qualifications Requirements

  • Education: At least Masters’ degree or equivalent in Law;
  • At least 10 years of relevant professional experience in the field of Law;
  • At least 3 years of relevant professional experience in the field of International Law;
  • At least 3 years of relevant professional experience in the field of Public Service;
  • At least 3 publications in the field of organization of work in the public service;
  • Proven awareness (knowledge) of context of the armed conflict in Eastern Ukraine;
  • Languages proficiency: Professional fluency in English and Ukrainian.

VIII. Documents to Be Included When Submitting the Proposals

Applicants shall submit the following documents:

X

Letter of interest/proposal, providing brief methodology on how the work will be delivered and/or approached;

X

Professional CV or P11, including information about experience in similar projects / assignments;

X

Financial proposal (according to defined deliverables);

X

At least 2 positive references regarding implementation of alike tasks

 

 

IX. Financial Proposal

 Lump sum contract

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in instalments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

 Travel costs

UNDP will not provide travel / accommodation, these expenses should be included to the Proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. UN RPP, however, may help (if needed) with logistics on mentioned issues around Ukraine. Should the Individual Consultants wish to travel on a higher class he/she should do so using their own resources. In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultants, prior to travel and will be reimbursed.

 

X. Evaluation Criteria

  • Education: At least Masters’ degree or equivalent in Law – Pass/Fail;
  • At least 10 years of relevant professional experience in the field of Law – Pass/Fail;
  • At least 3 years of relevant professional experience in the field of International Law – Pass/Fail;
  • At least 3 years of relevant professional experience in the field of Public Service – Pass/Fail;
  • At least 3 publications in the field of organization of work in the public service – Pass/Fail;
  • Proven awareness (knowledge) of context of the armed conflict in Eastern Ukraine – Pass/Fail;
  • Languages proficiency: Professional fluency in English and Ukrainian – Pass/Fail.

 

XI. Evaluation Method

 Lowest price and technically compliant offer

Contract award shall be made to the Consultants whose offer has been evaluated and determined as:

 

Link: https://www.dropbox.com/sh/297e72t7i3v2969/AADDRyUo2uoNrYjuD8NLmdl0a?dl=0


This vacancy is archived.

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