Background
Ukraine has embarked on the path towards combatting corruption following the Revolution of Dignity in 2014. This process included the introduction of the comprehensive anti-corruption reform measures and establishing new anti-corruption institutions.
Since 2017, Denmark and the EU in the framework of the programme “EU Anti-Corruption Initiative in Ukraine (EUACI)” in its Phase I (2017-2020) implemented by the Danish International Development Agency using the indirect implementation modality, worked extensively on assisting the Ukrainian Government in putting into life its anti-corruption agenda and with building the capacities of the new anti-corruption institutions to fight corruption in the country.
One of the main focuses of the EUACI during the Phase I was supporting the process of the establishment and putting into operation of the High Anti-Corruption Court of Ukraine (HACC), a specialized court of 38 judges mandated with adjudicating high-level corruption cases investigated by the National Anti-Corruption Bureau of Ukraine and prosecuted by the Specialized Anti-Corruption Prosecution Office. HACC completes the chain of specialized bodies in the criminal justice chain established for effective investigation, prosecution, and adjudication of high-level corruption cases in Ukraine.
One of the prominent achievements of the Phase was successful establishment of the Court. The Court started its operation on 5 September 2019. The overall process of the establishment of the Court, took less than 15 months. This period included the selection and appointment of judges, election of chairpersons of two chambers, adoption of regulatory framework, recruitment of personnel, preparation of 3 court-houses and setting up of all required infrastructure, IT network etc.
Based on the significant positive results attained during the Phase I, including the operational launch of HACC and functioning of its both chambers, Denmark and the EU made a decision to engage in a second phase of the programme aimed at sustaining existing results and further expanding the support to newly established anti-corruption institutions. As in Phase I, Denmark is implementing the programme on behalf of the EU and is using an indirect implementation modality based on Danish guidelines.
Phase II of the Programme, focuses on the number of directions including capacity development of judges and Court personnel.
Sustainability of the work of HACC, which is at the relatively early stage of its development, is directly connected to the specific outcomes such as the capacity of its judges and judicial staff to efficiently realize their functions and address significant challenges, stemming out of both the application of substantive and procedural law as well as effectively managing court proceedings and its participants. Ability of the Court to address these difficulties will significantly contribute to increasing public confidence in the work of HACC.
One of the characteristics of HACC is that almost 41% of judges and 40% of staff are newcomers to the judicial system. Therefore, judicial training and continuous development of knowledge and skills are particularly significant for HACC as it contributes to making system efficient and assists ensuring the competency of the judiciary.
Against this background, in order to have a clear understanding of the training needs of the Court, based on which concrete capacity development activities will be designed and implemented, as foreseen by the Workplan of the Programme two Training Needs Assessment (TNA) of HACC judges and Court personnel were implemented.
TNAs, provide an overview of the needs and gaps in skills and capacities of judges and Court personnel as well as a set of recommendations, identifying the most relevant and salient issues and areas of training that are necessary for judges and Court personnel to successfully carry out their judicial functions.
Based on the TNAs, EUACI has developed a training programme.
1.Objective
The goal of this activity is to support sustainability of independent and effective functioning of HACC by strengthening and refining judicial capacity of HACC judges and Court personnel through a number of capacity development activities identified as immediate/mid-term urgency by the TNA reports. To achieve this objective the services of experts (both local and/or international) are sought to cover four identified areas.
2.Scope of work
Develop training materials and conduct trainings for HACC judges and Court personnel on salient issues identified by the TNA reports in the fields of:
NABU detectives and SAPO prosecutors may attend relevant trainings provided under this contract.
3.Expected Outputs
3.1. Training in the field of criminal procedural law:
3.2. Training in the field of criminal law:
Trainings shall focus on judicial review of corruption-related crimes (question of elements of crimes and qualification) of those articles of CC that are most commonly featured in cases before HACC. Based on the TNA these are:
3.3. Training in the field of human rights law:
Set of trainings on the practice and case-law of ECtHR, including:
3.4. Training on various issues pertaining to the domain of international law:
Set of trainings on the salient issues faced by HACC in the field of international law, including:
4.Professional Requirements
4.1 Expert on capacity development in the field of criminal procedural law
The assignment requires the service of a local expert with the following minimum requirements:
The assignment requires the service of a local expert with the following minimum requirements:
4.3 International human rights law expert
The assignment requires the service of a local or international expert with the following minimum requirements:
4.4 International Law expert
The assignment requires the service of a local or international expert with the following minimum requirements:
The bidder can submit the proposal with any other reasonable number of experts. For instance, 1 expert can cover 2 (or more) areas and, vice versa, 2 (or more) experts can cover 1 area.
5.Timing
The duration of this assignment is estimated to be until the 31 of December 2022.
The assignment will start following an administrative order issued by the contracting authority. A tentative start date: December 2021.
6.Estimated budget
Trainings will be requested on a running basis with the agreed rates up to a total budget of EUR 30,000.
7.Monitoring and evaluation
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 section ”Objective” and “Outputs” herein respectively. Moreover, the performance of the Contractor will be judged upon successful implementation of all the specific activities indicated in Section “Scope of work” of the present document.
By signing the contract, the Contractor agrees to hold in trust and confidence any information or documents (“confidential information”), disclosed to the Contractor or discovered by the Contractor or prepared by the Contractor 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.
8.Cross-cutting issues (integration of the youth, equal opportunities)
The project will be implemented ensuring equal opportunities for men and women and integration of the youth.
9.Bidding details
The bidder must submit the following information to be considered:
10.How to apply
The deadline for submitting the proposals is 19 November 2021, 18:00 Kyiv time.
The proposals shall be submitted within the above deadline to [email protected], indicating the subject line “Pool of experts for capacity development of HACC judges and Court personnel”.
Bidding language: English.
Any clarification questions for the bid request should be addressed to [email protected], no later than 12 November 2021, 18:00 Kyiv time.
11.Evaluation criteria
Bids will be evaluated under the criteria provided below:
# |
Criteria |
Weight |
1 |
Methodology of implementation of assignment |
20% |
2 |
Portfolio of completed projects, quality, and relevance of past work |
20% |
3 |
Relevant experience, skills and competencies of trainers and administrative team members (if applicable) |
40% |
4 |
Proposed rates |
20%
|
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