Фахівець із методики спеціалізації прокурорів та розподілу проваджень
In response to the request of the Government of Ukraine, UNOPS opened an office in Ukraine in 2017, which provides a broad spectrum of services to the Government and the people of Ukraine. Currently, the office is classified as a Country Office (UACO), with a portfolio of projects exceeding USD 100 million, in the areas of the rule of law, environment, energy efficiency, crisis recovery, good governance, human resources management, procurement, and logistics.
The Support for Rule of Law Reforms in Ukraine (PRAVO-Police) is a project funded by the European Union that has the overall objective of supporting the strengthening of the policing, prosecution and civilian governance in Ukraine and of aligning them with the best European and international practices. On matters of substance, the Project relies on the EU Advisory Mission (EUAM) to Ukraine.
The Project is partnered with the following national agencies: the Ministry of Internal Affairs of Ukraine, National Police of Ukraine, the Office of Prosecutor General (OPG), the State Bureau of Investigation. Activities include providing technical support tailored to the needs of each individual agency, while some interventions address larger scale and cross-cutting issues, including enhancement of human resources management systems and specific skills.
One of the Project’s actions aimed at supporting the Office of the Prosecutor General encompasses interventions that will increase the number of initiated pre-trial investigations and indictments in organised, other serious crimes and financial crimes. Furthermore, the duration of pre-trial investigations in these cases should become shorter, and more illicit profits confiscated and recovered.
The current assignment relates to the scope of the Project’s support measures for the OPG aligned with the Justice Sector Reform Strategy, the Justice Reform Action Plan for 2015-2020. This activity aims to provide advisory services to the OPG on the development and implementation of the methodology and necessary tools for assignment of cases and specialisation of prosecutors. Currently, there is no internal specialisation of prosecutors in the local Public Prosecutors’ Offices (PPO) which have no structural units across the whole range of crime, with a few exceptions, while the PPO plays a key role in ensuring coordination between the prosecution and the law-enforcement agencies in combating crime. The absence of clear rules on specialisation is rather challenging, as it does not facilitate more efficient work amongst prosecutors. Specialisation would help to increase the professional skills of prosecutors and facilitate the management of their workload. Specialisation of prosecutors is an important tool to meet the demand for pre-trial investigations of crimes that are becoming more and more complex. Currently, cases are assigned by the OPG management (at departmental level), considering the caseload of a particular prosecutor, their experience and specialisation. There is no established internal procedure on specialisation; therefore, each of the OPG departments has its own approach, in most cases, by issuing internal rules concerning the distribution of tasks among staff members within the department.
Following recommendations from the Group of States Against Corruption (GRECO) as well as the Consultative Council of European Prosecutors, the introduction of specialisation of prosecutors is critical for many reasons – including avoiding non-transparency in case assignment, corruption and the need to allocate cases to individual prosecutors based on strict and objectively established criteria, coupled with adequate safeguards – including stringent controls – against any possible manipulation of the system.
Such arrangements do exist in most of the EU Member States, in various forms, with specialisation, for example, in combating corruption, international and organised crime, security-related cases, domestic violence, asset confiscation, fraud and narcotics and also suspected offences committed by, e.g. police officers, prosecutors and judges. The prosecutors receive specialised training and have access to professional exchange programmes. The development of skilled, educated units, according to the subject matter to be tackled, at the central and regional level, will contribute to the ability to focus on priorities. This attention to priorities is currently not visible to the management level within PPOs.
The Expert on Methodology of Specialisation of Prosecutors and Cases Assignment (hereinafter – Consultant) will work under the supervision and guidance of the Deputy Programme Manager (Operations) of the PRAVO-Police Project and regular coordination of the EUAM experts. While performing the assigned duties, the Consultant will interact with the key stakeholders, primarily the OPG and EUAM. The Consultant will provide expert advice and practical solutions in the form of a report with recommendations within the scope of the interventions listed above.
A Master’s Degree or equivalent in a relevant field (Rule of Law, Criminal Justice or other related discipline is required;
A Bachelor’s Degree in combination with two additional years of relevant experience may substitute for the Master’s Degree.
With a Master’s Degree, a minimum of seven years or with Bachelor’s Degree, a minimum of nine years of relevant and progressive professional experience, specifically in the field of Prosecution, Justice, Investigation, Rule of Law is required.
At least five years’ experience in the prosecution service of Ukraine or EU countries is required.
Familiarity with relevant EU standards on specialisation of prosecutors and case assignment (the candidate to provide evidence of such expertise in their CV) is required.
Knowledge of specifics of Ukrainian prosecution and experience of relevant projects in Ukraine or EU countries will be an asset.
Strong communication and presentation skills, including the ability to write detailed analytical reports and prepare and present brief summaries.
Fluency in Ukrainian and Russian is required. Basic knowledge of English required.