TERMS OF REFERENCE
Legal analyst to the PCIE member

Deadline for applications: 12 January 2025 17:00 Kyiv time

1.    Background

The European Union Anti-Corruption Initiative in Ukraine (EUACI) Phase III is the largest support program from the European Union (EU) focused on anti-corruption efforts in Ukraine. It is co-funded by the EU and implemented by the Danish Ministry of Foreign Affairs. Scheduled for the 2024-2027 period, the program includes the High Anti-Corruption Court (HACC) among its beneficiaries.

On 23 November 2023, the High Qualification Commission of Judges of Ukraine (HQCJ) announced a competition for 25 vacant positions at the High Anti-Corruption Court (HACC): 15 for the first instance court and 10 for the HACC Appeal Chamber. Upon the consideration of the candidate applications, the HQCJ admitted 161 candidates to the competition (100 – to the first instance, 61 – to the appeal instance).

To assist the HQCJ in selecting HACC judges, the Law on HACC established the Public Council of International Experts (PCIE). The PCIE consists of six members appointed by the HQCJ for a two-year term from candidates proposed by international organizations involved in anti-corruption initiatives in Ukraine.

According to part 4 of Article 8 of the Law on HACC, the PCIE shall assist the HQCJ in the establishment of compliance of the candidates for the positions of HACC judges with the criteria of integrity (moral, honesty, incorruptibility) for the purposes of qualification assessment, namely in terms of lawfulness of the origin of sources of the candidate’s property, correspondence of the standard of living of the candidate or his or her family members with the declared income, correspondence of the candidate’s lifestyle to his or her status, knowledge and practical skills that the candidate possesses for the consideration of cases within the jurisdiction of HACC.

On 29 April 2024, the HQCJ, by decision  № 111/зп-24, appointed the second composition of the PCIE.

The EUACI is one of the international technical assistance projects in Ukraine that will support the work of the PCIE and its Secretariat.

2.    Objective

The objective of this assignment is to assist the PCIE members in evaluating the integrity and professionalism of HACC judicial candidates, as well as to provide additional legal support when necessary.

3.    Scope of work

Analyst is expected to:

• Participate in training sessions (if applicable).
• Review and suggest amendments to the rules of procedure and guidelines of the PCIE (if applicable).
• Analyze information on HACC candidates, focusing on their integrity and professional competence. This includes examining asset declarations, relevant open-source data, and information provided by third parties.
• Draft questionnaires, analytical memos, information requests, preliminary opinions, decisions, etc.
• Follow the PCIE meetings as well as Special Joint meetings of the PCIE and the HQCJ.
• Implement measures to protect restricted access information acquired through professional activities.
• Take steps to avoid conflicts of interest or any appearance of partiality.
• Perform other legal and analytical tasks necessary to support the functioning of the PCIE.

Deliverables:

• Legal documents of high quality;
• Timesheets indicating time spent for the assignments;
• Short final report (max 2 pages) with a description of provided services.

4.    Timeframe

60 working days within January– 15 March 2025. The biggest workload is expected during the middle of January 2025 and the beginning of February 2025.
 
5.    Payments

The maximum expected daily rate should not exceed EUR 110 per day.
Payments for the services will be made in either monthly or bi-monthly installments, in UAH equivalent of the amount in EUR according to the NBU exchange rate.

6.    Requirements for the Service Provider

The assignment requires the services of a national analyst with the following qualifications:

• Possession of a Master’s degree in Law, Public Administration, Political Science, or a related field.
• A minimum of 2 years of professional legal experience.
• Expertise in conducting open-source and database searches.
• Prior involvement in similar tasks is considered advantageous.
• Strong time-management and organizational skills.
• High level of proficiency in Ukrainian and English.

7.    How to apply

Please send your CV in English and expected daily rate in EUR to [email protected], with the email topic “PCIE analyst” by 12 January 2025 17:00 Kyiv time.

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Should you have any questions with regard to the tender, please send them to [email protected] no later than 10 January 2025, 17:00 Kyiv time.