National Legal Short-Term Expert - EU Support to Strengthening Integrated Border Management in Ukraine (EU4IBM)

Posting Date: 20/05/2020

Deadline for Applications: 01/06/2020

Duty Station: Kyiv, Ukraine

Start Date: 15/06/2020

Duration of the contract: 15/06/2020 - 30/11/2020

Maximum number of working days: 60 (sixty)

TITLE

National Legal Short-Term Expert (National Legal STE) to support the legislative review, provision of legal advice and recommendations in the framework of implementation of the relevant activities of the EU-funded project “EU Support to Strengthening IBM in Ukraine (EU4IBM)” – implemented by ICMPD.

ORGANISATIONAL OVERVIEW

The International Centre for Migration Policy Development (ICMPD) is an international organisation tasked with promoting innovative, comprehensive and sustainable migration policies. With 17 Member States and over 60 projects active throughout Europe, Africa, Asia and Latin America, ICMPD is a growing and ever-more relevant presence in its field. The organisation’s greatest assets are its 200+ staff members, who personify its values of commitment, integrity, partnership, respect, and innovation in actions and decisions.

BACKGROUND

The project “EU Support to Strengthening IBM in Ukraine (EU4IBM)” supports the identification of and assists in addressing the gaps in the implementation of the national reforms approximating the Ukrainian border management system to the standards and best practices of the EU Integrated Border Management (IBM) in line with the national Integrated Border Management Strategy of Ukraine (IBM Strategy, adopted by the Cabinet of Ministers on 24 July 2019) and the Action Plan (IBM AP, adopted on 27 December 2019 by Decree of the Cabinet of Ministers No. 1409-p).

OBJECTIVE

The National Legal STE will be involved into the implementation of a set of selected project activities with the objective to provide legal advice, legal analysis, conduct the review of national legislation, provide the recommendations on necessary legal amendments, suggest the potential formulations for those amendments.

The National Legal STE will work in close cooperation with the EU4IBM Project Implementation Team (PIT) and in close coordination with the International Legal Short-Term Expert to contribute to the following project activities implementation:

  • business process analysis (BPA);
  • business process re-engineering action plan(s) (BPR AP(s)) and its implementation;
  • compendium of the national legal and regulatory framework relevant to integrated border management (IBM);
  • improvement of border crossing procedures;
  • activities in relation to establishment of the National Joint IBM Coordination and Risk Analysis Centre, criminalisation of smuggling in Ukraine, integration of risk and criminal analysis, enhancement of interagency and cross-border cooperation, human resources management, finances and assets management.

TASKS

The tasks to be completed by the National Legal STE within this assignment are the following:

 
  1. Develop and continuously update, in coordination with the International Legal STE, a work plan to be approved by the PIT.
  2. Compile the list of relevant legal and regulatory documents and analyze relevant legal and regulatory framework to be integrated into BPA reports.
  3. Develop and propose the recommendations on legislative and regulatory framework amendments to be integrated into BPA reports and business and BPR APs.
  4. Develop a compendium of the national legal, regulatory and policy framework relevant to IBM.
  5. Conduct analysis of the relevant legal and regulatory framework in the thematic areas covered by project components as well as by National IBM Strategy and Action Plan.
  6. Support the work of the International Legal STE by contributing to the comparative analysis of European Union Member States (EU MSs) legislation in the thematic areas covered by project components as well as by National IBM Strategy and Action Plan.
  7. Support the International Legal STE in producing the recommendations on potential amendments in thematic areas covered by project components as well as by National IBM Strategy and Action Plan (including in response to ad-hoc beneficiary agencies requests).
  8. Support the development of and the implementation of the anti-corruption recommendations of BPA reports through proposals for legal and regulatory changes.
  9. Contribute to further development of the legal and regulatory framework regulating the joint control, joint patrolling, functioning of the contact points.
  10. Based on the recommendations endorsed by the beneficiaries develop draft legal acts, as requested by PIT.
  11. Conduct capacity building activities on legal and regulatory framework implementation for national IBM agencies.
  12. Perform other duties if/as assigned by the PIT.

DELIVERABLES

National Legal STE is expected to provide the following deliverables:

 
  1. Work plan produced in coordination with the International Legal STE, to be approved by the PIT.
  2. Analysis of relevant legal and regulatory framework to be integrated into BPA reports.
  3. Recommendations on legislative and regulatory framework amendments to be integrated into BPA reports and business and BPR APs.
  4. Finalized compendium of the national legal, regulatory and policy framework relevant to IBM.
  5. Analysis of the relevant legal and regulatory framework in the thematic areas covered by project components as well as by National IBM Strategy and Action Plan.
  6. Contribution to the comparative analysis of European Union Member States (EU MSs) legislation in the thematic areas covered by project components as well as by National IBM Strategy and Action Plan.
  7. Contribution to the recommendations on potential amendments of legislation in thematic areas covered by project components as well as by National IBM Strategy and Action Plan (including in response to ad-hoc beneficiary agencies requests).
  8. Contribution to the development of amendments of legislation based on the anti-corruption recommendations and proposals.
  9. Contribution to further development of the legal and regulatory framework regulating the joint control, joint patrolling, functioning of the contact points.
  10. Drafting proposals of legal acts, as requested by PIT.
  11. Prepared and delivered capacity building activities on the implementation of legal and regulatory framework relevant to IBM.
  12. Other duties completed if/as assigned by the PIT.

Maximum number of working days: 60

Reporting lines

National Legal STE reports to Project Officer, EU4IBM and works in coordination with International Legal STE and in a collaborative manner with other international/national experts.

Qualifications and Experience

  • Advanced university degree in law
  • At least 5 years of legal experience relevant to IBM, preferably in the areas of legal reform, legislative review, legal and regulatory framework amendment and drafting
  • Experience in supporting the implementation of the proposed legal and regulatory framework amendments
  • Experience in legal research and institutional assessment is an asset
  • Experience in working with similar projects funded by EU or another donor is an asset
  • Excellent up-to-date knowledge of the national legal framework related to IBM
  • Demonstrated ability to manage quality and ensure compliance with the international legal framework in previous projects in the area of customs related legislative reform
  • Demonstrated ability to identify relevant legal, regulatory and institutional gaps and needs and guide stakeholders towards their amendment
  • Knowledge of appropriate examples of international and EU good practices related to IBM
  • Demonstrated ability to assess complex situations in order to succinctly and clearly distil critical issues Must be able to work independently and demonstrate excellent teamwork, coordination and facilitation skills
  • Analytical, research, reporting, communication, documentation and presentation skills
  • Experience working with senior management of Border Guards/Police and Customs services is an asset
  • Ability to plan and implement several multi-component and multi-stakeholder activities in parallel
  • Ability to process large volumes of information
  • Ability to take initiative, take responsibility and manage constructive criticism
  • Ability for provision of deliverables and in reporting in a timely manner
  • Timeliness in performing functions
  • Ability to work under pressure and in rapidly changing circumstances
  • Computer literate with ability to operate Windows applications
  • Demonstrated gender awareness and sensitivity, and an ability to integrate a gender perspective into tasks and activities
  • Ability to establish and maintain effective and constructive working relationships with people of different national and cultural backgrounds while maintaining impartiality and objectivity.

Languages

 
  • Fluency in Ukrainian is required
  • Good knowledge of English for business communications is required
  • Fluent English will be an advantage

Support and materials to be provided by ICMPD

 
  • Project Description of Action
  • IBM Strategy of Ukraine 2020-2025 and its Action Plan for 2020-2022
  • Template of timesheet
  • Template of payment claim
  • Any other documents
  • Translation of the documents not yet translated into English
  • PIT will facilitate the contacts with the relevant national agencies
  • PIT will organise meetings with the relevant beneficiary agencies in case of need

Application Process

Interested experts should send their CV with an indication of this announcement in the subject line of the email to: Anastasiia.Dykovytska@icmpd.org and Ihor.Serheiev@icmpd.org

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