Legal Expert для Українського молодіжного фонду

JOB DESCRIPTION

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

BACKGROUND

APPLICATION DISCLAIMER!!! ATTENTION!!!

All interested candidates SHOULD APPLY through new UNDP Supplier Portal (Quantum), following registration via Registration link

Registration Instructions: Guide for UNDP Suppliers using Quantum portal

Negotiation ID: UNDP-UKR-00206

Please DO NOT use “APPLY” button functional in this announcement, all applications received outside Quantum system WILL NOT BE considered.

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1. BACKGROUND

The project “Civil Society and Youth Support” funded by the Danish Ministry of Foreign Affairs is a nation-scale 4-year initiative that runs from 1st January 2023 until 31st December 2026. The Civil Society and Youth Support Project (CSYP) builds on many years of joint programming by the Danish Ministry of Foreign Affairs (DMFA) and UNDP supporting civil society and youth empowerment. CSYP contributes to the following long-term result: “Ukraine’s civil society and youth are impactful players in strengthening the country’s resilience and recovery, democracy and human rights agenda, including issues of respect to diversity and women’s rights and social cohesion“. The project has a three-dimensional approach. Firstly, it intends to strengthen civil society organizations: focusing first and foremost at the subnational level) to enable active civil society­ participation in strengthening Ukraine’s resilience, sustainable recovery and development processes, link established CSOs with youth groups especially newly emerged initiatives after February 2022 to ensure cross-fertilization in skills. Secondly, the project will work at the central level to create a more enabling policy environment for CSOs and support the national “youth machinery”. CSYP will support CSOs to monitor the implementation of national-level policies to determine progress made and areas needing additional efforts. Thirdly and finally, CSYP is designed to support Ukrainian youth in to actively participate in Ukraine’s recovery by honing their skills for good citizenship and leadership. The project will support youth-driven projects and expose young women and men to how local governments operate to implement locally relevant l initiatives.

The ongoing war in Ukraine has severely affected the situation for young people in Ukraine, with disruption in education, displacement and psychological traumas. According to the Ministry of Youth and Sports of Ukraine data, as a result of the war 40% of young people in Ukraine have been affected, with more than two million young people becoming internally displaced, and around two million young people forced to flee abroad. But despite the challenges of the war, many young people have played an active role in the emergency response, serving as volunteers in their communities, helping to distribute humanitarian aid and support internally displaced people (IDPs) and vulnerable populations.

UNDP is recognizing youth as key agents of change in resilience building and sustainable recovery, and in the longer term, sustainable peace. Building on a strong relationship with the Ministry of Youth and Sports of Ukraine and a substantive experience of supporting youth participation at national, regional and local levels. Hence, UNDP supports the promotion of young people’s voices and participation in decision-making processes at all levels in the recovery efforts.

UNDP is providing crucial support to the newly established Ukrainian Youth Foundation and the Ministry of Youth and Sports of Ukraine. This support is aligned with the government’s priorities in the area of capacity strengthening of youth policy, which includes developing and implementing strategic documents, conducting national surveys, and involving young people in decision-making processes.

The Ministry of Youth and Sports of Ukraine has requested UNDP’s assistance in establishing the Ukrainian Youth Foundation, which was created in March 2023 in accordance with the Law on the Basic Principles of Youth Policy in Ukraine, adopted in 2021. The primary objective of the foundation is to support youth initiatives, civic organizations, and carry out specific responsibilities related to youth policy authorized by the Cabinet of Ministers of Ukraine. As a state institution, the foundation is accountable to and regulated by the Ministry of Youth and Sports.

In 2023, the Foundation plans to engage a team and establish relevant policies and procedures to facilitate the implementation of its grant programs. During this process, it is crucial to ensure compliance with all applicable laws and regulations regarding the establishment of state foundations. Therefore, proficient legal assistance is necessary to guarantee the foundation’s adherence to all relevant legal requirements.

Given UNDP’s extensive experience in developing and implementing initiatives for and with young people in Ukraine, it is well-positioned to provide the necessary support to the Ukrainian Youth Foundation and the Ministry of Youth and Sports. Through this partnership, the foundation can effectively carry out its mandate of supporting and empowering the country’s youth.

The incumbent will promote UNDP’s mandate as a gender-responsive organization with zero tolerance to any kind of discriminatory and abusive behavior, including sexual harassment, sexual exploitation, and abuse.

DUTIES AND RESPONSIBILITIES

2. MAIN OBJECTIVE OF THE ASSIGNMENT

The overall goal of the assignment is legal support for the preparation of documents for the purpose of establishing the state institution “Ukrainian Youth Foundation” (hereinafter – UMF documents), as well as normative legal acts in the field of youth policy related to the implementation of the Law of Ukraine “On the Basic Principles of Youth Policy” (hereinafter -Law).

3. DESCRIPTION OF RESPONSIBILITIES/SCOPE OF WORK

Under the supervision of the UNDP Youth Development Analyst and in collaboration with the Ministry of Youth and Sports, the consultant will have a range of responsibilities. These include proposing amendments to the Law in order to enhance financial mechanisms and harmonize norms for supporting youth projects by youth work entities. The consultant will also be responsible for creating a regulatory act to amend the Law, as well as participating in discussions regarding the regulatory act with representatives from both the public and state sectors. Additionally, the consultant will be responsible for making changes to the regulatory act according to suggestions submitted by representatives involved in the public discussions.

Furthermore, the consultant will support the regulatory act throughout the approval process with relevant executive bodies and will send it for review by the Cabinet of Ministers and the Verkhovna Rada. The consultant will also provide legal support for the development of UMF documents to regulate and ensure the effective operation of the UMF. Additionally, the consultant will support and coordinate UMF documents with the Ministry of Youth and Sports and other relevant state authorities.

The consultant will provide expert, organizational, and advisory support to the UMF’s Supervisory Board and Directorate, which will include the development of necessary documents and facilitating work meetings. The consultant will also participate in the development of other documents and legal acts related to the implementation of the Law, as well as preparing relevant proposals.

The consultant will be responsible for developing mechanisms for UMF cooperation with international partners to provide youth work entities with grants from MTD funds and other legally-permissible sources. Lastly, the consultant will participate in strategic and other organizational activities of the UMF to ensure its effective operation.

Deliverables:

Deliverable #

Task description

Deadline for deliverable

Deliverable 1

1. Providing expert, organizational, and advisory support to the UMF’s Supervisory Board and Directorate, including the development of necessary documents and facilitating work meetings.

Following the programme objectives, the consultant is expected to conduct at least 10 1-hour consultation meetings for UMF Supervisory Board and Directorate according to the schedule provided by the Ministry of Youth and Sports.

Output: at least 10 online/offline meetings conducted, schedule and minutes provided to UNDP.

1 month after signing of the contract

Deliverable 2

2. Legal support for developing UMF internal policy documents related to work of supervisory board and UMF directorate.

The Consultant will be responsible for the legal consultation in the process development following UMF documents:

• regulation on the organization of the activities of the supervisory board
• order on the organization of activities of the UMF directorate
• procedure for notification of a conflict of interest that arose during the organization of competitive selection and financing of youth projects
• regulations on expert councils of the UMF

Output: the draft documents are developed and submitted to the Ministry of Youth and Sports and UNDP (Word documents as per State standards in Ukrainian)

1,5 months after completion of deliverable 1

Deliverable 3

3. Legal support for developing documents to regulate grant competitions under UMF.

The Consultant will be responsible for the legal consultations in the process development following UMF documents:

• the procedure for submitting proposals and monitoring their implementation (includes the methodology for evaluating youth projects)
• regulations on the expert selection commission
• procedures and criteria for competitive selection of youth projects
• conditions of co-financing of youth projects

Output: the draft documents are developed and submitted to the Ministry of Youth and Sports (Word documents as per State standards in Ukrainian)

1,5 months after completion of deliverable 2

Deliverable 4

4. Legal support for developing UMF documents to regulate and ensure the effective operation of the UMF.

The Consultant will be responsible for the legal consultations in the process development following UMF documents:

• norms for calculating payments for an expert review of one youth project,
• implementation of individual tasks for the implementation of youth policy, determined by the Ministry of Youth and Sports
• anti-corruption regulation
• standard contract with grant UMF recipients

Output: the draft documents are developed and submitted to the Ministry of Youth and Sports (Word documents as per State standards in Ukrainian).

1,5 months after completion of deliverable 3

Deliverable 5

5. Developing mechanisms for UMF cooperation with international partners to provide youth work entities with grants from International technical support funds and other legally-permissible sources.

The Consultant will be responsible for drafting regulations on attracting funds from international technical assistance and other sources in accordance with the legislation of Ukraine.

Output: the draft regulation is developed and submitted to the Ministry of Youth and Sports (Word documents as per State standards in Ukrainian)

1,5 months after completion of deliverable 4

4. MONITORING/REPORTING REQUIREMENTS:

The Contractor shall report to the Civil Society and Youth Project Coordinator. The payment shall be arranged in stages in accordance with the proposed payment scheme below and upon acceptance of the deliverables based on quality control and recommendations. UNDP will be the ultimate authority to control the quality of work results and assess the Contractor’s performance during the assignment.

The Contractor shall provide the necessary information and reports according to a preliminary determined schedule or as soon as possible (within a reasonable period of time). The final product shall be submitted to UNDP no later than 1 December 2023.

UNDP will provide payments upon provision of deliverables duly certified by UNDP in accordance with the table above. In particular, the payment schedule will be as follows:

Deliverable 1. 20%

Deliverable 2. 20%

Deliverable 3. 20%

Deliverable 4. 20%

Deliverable 5. 20%

COMPETENCIES

5. EXPERIENCE AND QUALIFICATIONS REQUIREMENTS:

• At least Master’s degree in legal science, political science, social science or related field;
• At least 3 years of experience in consulting and/or working with the State Central Executive Bodies of Ukraine on the development of policy documents;
• At least 2 examples/samples/brief overview of the formally approved/implemented documents confirming experience in the development of State policy;
• At least 2 years of experience in consulting and/or working with the Ministry of Youth and Sports and/or VRU Committee on Youth and Sports will be considered as an asset;
• At least 2 examples/samples/brief overview of the formally approved/implemented documents confirming experience in Youth policy development will be considered as an asset
• Fluent writing, editing and oral communication skills in Ukrainian. Working knowledge of English would be considered as an asset (the information should be clearly reflected in an applicant’s CV)

Corporate Competencies:

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment

6. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS:

Applicants shall submit the following documents:

• CV, including information about experience in similar projects / assignments and contact details for referees including evidence that the Applicant has experience in the development of policy documents. Examples/samples/brief overview of the formally approved/implemented documents confirming experience in the development of State policy – at least 2 documents
• Financial proposal.

• Examples/samples/brief overview of the formally approved/implemented documents confirming experience in Youth policy development – at least 2 documents (optional requirement; will be considered an asset).

REQUIRED SKILLS AND EXPERIENCE

7. EVALUATION CRITERIA

Educational background – 20 points max:

- Minimum required: Master’s degree in legal science, political science, social science or related field – 20 points max:

(15 pts – Master’s degree in the relevant field; 20 pts – PhD degree in the relevant field);

Relevant professional experience – 40 points max:

- Experience in consulting and/or working with the State Central Executive Bodies of Ukraine on the development of policy documents (18 pts – 3 years; 20 pts – 4-5 years; 22 pts – 6 and more years);

- Proven experience in the State policy documents development (8 pts – 2 documents; 9 pts – 3-4 documents; 10 pts – 5 documents and more)

- Experience in consulting and/or working with the Ministry of Youth and Sports and/or VRU Committee on Youth and Sports (0 pts – less than 2 years; 2 pts – 2-3 years; 4 pts – 4 and more years);

- Proven experience in Youth policy documents development (0 pts – no such an experience or 1 document developed, 2 pts – 2 documents; 4 pts – 3 and more documents)

Language skills – 10 points max:

- Minimum required: Native-level knowledge of Ukrainian is required. (8 pts – Native-level knowledge of Ukrainian; 10 pts – Native-level knowledge of Ukrainian and working knowledge of English).

Maximum available technical score – 70 points.

8. EVALUATION METHOD:

Cumulative analysis

Contract award shall be made to the incumbent whose offer has been evaluated and determined as:

a) responsive/compliant/acceptable, and

b) having received the cumulative highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

* Technical Criteria weight: 70%

* Financial Criteria weight: 30%

Only candidates obtaining a minimum 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation.

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer. After successful completion of the validation interview the offeror will be awarded a contract.

9. FINANCIAL PROPOSAL:

Lump sum contract

The financial proposal shall specify the cost of professional services of Consultant for the development of the road map for the Youth Worker Programme. Payments are made in five tranches: each made upon completion of the respective deliverable. The financial proposal shall specify the cost of professional services for the assignment – the total amount and distribution in accordance with the above-mentioned proposed schedule of tranches.

In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount in accordance with the deliverables defined in this TOR (section 3 above).

Travel costs

Should any travel be necessary in connection to this TOR, UNDP will reimburse the expenses based on the duly authorized travel details, including travel and per diems. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources. In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed.