Country Collaboration Initiative – Leadership Management & Governance/Ukraine

(CCI/LMG-Ukraine)

Scope of Work for Support to the Ukrainian Center for Socially Dangerous Disease Control (UCDC)

Provision of Strategic Legal Advice to UCDC

Total level of effort: up to 60days

Dates: July 01, 2015 – September 30, 2015

Background

The global LMG project (implemented by Management Sciences for Health) is a five-year Cooperative Agreement, funded by USAID with the objective to support health systems strengthening by addressing the gap in leadership, management and governance capacity of policy makers, health care providers and program managers to implement quality health services at all levels of the health system. In mid-2013, the Leadership, Management and Governance (LMG) Project began to work with UCDC, to build on the progress of other projects in strengthening UCDC’s capacity as a Global Fund PR, and to build the institution’s overall capacity as a major player in the Ukrainian health sector.

UCDC is a specialized agency of the Ministry of Health of Ukraine, which performs the functions of intersectoral and interdisciplinary coordination of enterprises, institutions and organizations involved in activities aimed at (i) prevention and treatment of HIV, TB and other infectious diseases; (ii) providing organizational and technical assistance to health care institutions, specialized health care institutions and structural units of health care institutions; (iii) performing diagnostics and providing medical preventive care to people infected with HIV/AIDS, tuberculosis, and other infectious diseases; (iv) and supporting organizations providing specialized health care, diagnostic treatment, counselling for people infected with HIV/AIDS, tuberculosis, and other infectious diseases.

UCDC currently functions as one of the three Principal Recipients (PR) implementing a Single HIV and TB grant from the Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM) for 2015-2017.  The LMG technical assistance efforts in Ukraine are focused on continuing the work with UCDC to strengthen their capacity to be (i) a strong PR under the Global Fund; and (ii) to be a strong institution managing the national HIV and TB programs in Ukraine. 

Objective

The healthcare system in Ukraine is now undergoing the process of reform. UCDC is in the process of cutting up a considerable number of current GFATM-funded positions due to a reduction in donor funding. Furthermore UCDC is also undergoing the process of functional review that could result in the revision of UCDC’s functions, revised organizational structure of UCDC, revised staff job descriptions, as well as other changes.   

As part of their work to strengthen UCDC’s capacity as a leading organization within the Ukrainian health system, the LMG project in Ukraine requires a local expert consultant to work with UCDC on provision of strategic legal advice.

Activities

It is planned that the local consultant will work closely with UCDC staff during 60 payable days in Kiev, Ukraine. No travel outside of Kyiv, Ukraine, will be authorized. It is anticipated that the consultant will provide leadership on and complete the following activities:

1. Advise on the approximation of the Ukrainian public health legislation to the principles of acquis communautaire. The particular focus shall be on the establishment of the State Institution “Ukrainian Center for Disease Control and Public Health of the Ministry of Health of Ukraine”, as a part of approximation ofthe Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control.
2. Contribute to the enhancement of an implementation plan on achieving sustainable long-term lease of premises/acquisition of title for premises currently used by UCDC, approve such plan (or its parts) in the MoH and lead on its implementation;
3. Advise UCDC on the fiscal, customs and healthcare matters; drafting legal opinions and memoranda
4. Support the process of reviewing and analyzing draft laws of Ukraine, decrees of the President, regulations and decrees of the Cabinet of Ministers, orders of the Ministries, international agreements, memoranda, on the matters related to UCDC activity.
5. Monitor the newly adopted legislation, with regard to UCDC activity; prepare legal alerts and strategic advice to UCDC management, if necessary.
6. Provide strategic legal advice on the implementation of projects, programs and grants of UCDC.
7. Support the accounting and HR departments on legal matters.
8. Ensure the conformity of the contracts signed by UCDC with the Ukrainian legislation.
9. Identify the most common contract types, used in UCDC, and prepare standard contracts for those types, if necessary.
10. Support UCDC in the implementation Policy for Development, Circulation and Storage of MoUs and Agreements, as well as Knowledge Management Policy. Support the implementation and fine tuning of the electronic tool for structured and regulated storage of the documents provided for in the above policies.
11. Support UCDC in the implementation of the Policy for Transparency, Accountability and Combating Corruption, Conflict of Interest Policy, and relevant Ukrainian legislation.
12. Support UCDC in responding to various requests related to legal matters, such as (draft) laws, directives, regulations, committee reports or statements by members of parliament, government etc.
13. Analyze relevant healthcare legislation in regards to human rights; identify the legislation which leads/could potentially lead to violations and contribute to the development of possible solutions.
14. Perform other tasks as assigned by the LMG Project Lead.

Key Deliverables

1. Monthly progress reports, submitted on a monthly basis and containing:

a)      a detailed description of all activities carried out as part of this consultancy in the past month;

b)      outline of key issues and challenges faced in the course of implementation of the consultancy in the past month and proposed actions to address those challenges; and

c)        plans for the next month.

1. Plan on the establishment of the State Institution “Ukrainian Center for Disease Control and Public Health of the Ministry of Health of Ukraine”, as a part of approximation of the Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control.
2. Any other documents developed under this SOW (draft legal acts, legal memos, legal opinions, legal alerts etc.), if applicable.

Experience and skills required of local consultant                                                

-          Academic background in law (a minimum of BA is required; MA or LLM preferred);

-          Minimum two years of professional experience required;

-          Advanced knowledge of commercial, tax, customs, labor and administrative law;

-          Experience of representing clients in courts is desired;

-          Ability to focus on multiple tasks in stressful environment;

-          Ability to lead on several complex tasks;

-          Excellent communication skills;

-          Ability to interact effectively  with both state and non-state actors;

-          Ability to deliver within limited deadlines;

-          Fluency in Ukrainian and Russian. Oral and written fluency in English is preferred;

-          Excellent writing skills;

-          Bar membership (advocate’s certificate) is preferred;

-          Experience of working with international donors/organizations is preferred;

-          Experience of working in health sector is an asset.

In all of the above activities, the consultant will collaborate closely with UCDC and MSH LMG staff based in Kiev, Ukraine. Only short-listed candidates will be notified.

To apply, please submit your CV and cover letter to Stanislav Sereda at [email protected] , and Yaroslav Brilenko at [email protected] by June 23, 2015.