Specialist on Analysis and Teaching Ethics in Prosecution

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 an Operations Centre (UAOC), with a portfolio of projects exceeding USD 100 million in the areas of rule of law, environment, energy efficiency, crisis recovery, good governance, human resources management, procurement and logistics.

The European Union funded Project ‘Support for Rule of Law Reforms in the Areas of Police, Public Prosecution and Good Governance’ (hereinafter - Project) has the overall objectives of supporting the strengthening of policing, prosecution and civilian governance in Ukraine and to align 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 supports the creation of an efficient law-enforcement system, respectful of human rights, through the provision of necessary support to the Ministry of Internal Affairs, the National Police of Ukraine (NPU), the State Bureau of Investigations (SBI), the Prosecutor General’s Office (PGO) and the Qualification and Disciplinary Commission of Prosecutors (QDCP).

The current assignment relates to the scope of the Project’s support measures for the PGO, aligned with the Justice Sector Reform Strategy, the Justice Reform Action Plan for 2015-2020 and directly supports implementation of priority areas identified in the Roadmap of Prosecutorial Reform. In particular, the intervention will include provision of expert support for the conduct of analysis of the Code of Professional Ethics and Conduct of Prosecutors (the Code) and implementation of its provisions. This is intended to result in recommendations for possible improvements to the document and its enforcement, while striving to ensure full compliance with the best EU practices and international standards. In addition, the expert will be expected to develop and deliver a training course and illustrative guidelines on practical application of the Code, these being intended for prosecutors.

This activity is fully in line with the recommendations of the GRECO[1] report on Ukraine[2]: (i) that the new “Code of Professional Ethics and Conduct of Prosecutors be complemented by illustrative guidelines (e.g. concerning conflicts of interest, gifts and other integrity-related matters)’’ and (ii) that those documents be brought to the attention of all prosecutors and made public.

The activity will be carried out in close partnership with the National Prosecution Academy of Ukraine (NPAU), which is responsible for the initial training of candidate prosecutors as well as advanced training of prosecutors-practitioners, and in full consultations with the PGO and both prosecutorial self-governance authorities (Council of Prosecutors) and bodies supporting operation of public prosecution (QDCP).

Under the supervision of the Project Support Officer and in coordination with the stakeholders (as outlined in the next section) the Consultant will contribute to the analysis of the current Code, propose amendments to it and produce tools to enhance its implementation. Upon completion of this activity, the Consultant will deliver a train-the-trainers course aimed at promoting the implementation of the Code. The course and related training materials will be developed with inputs from the Consultant under leadership of the international expert – Specialist on Ethics Standards in Prosecution. The latter expert will have a leading role in delivering the whole assignment as outlined below. 

The Consultant will be responsible for providing the following deliverables.

DELIVERABLE 1: Analysis of the current state of play on observation and implementation of the Code, for the period May 2017 – May 2019, including a set of recommendations on prosecutorial ethics and proposed amendments to the Code.

This activity will be delivered in coordination with relevant stakeholders (the PGO, QDCP, Council of Prosecutors and the NPAU), EUAM, as well as representatives of NGOs providing oversight of prosecutorial reform.

Content

The Consultant will support the international consultant in development of a comprehensive analytical report on the state of implementation of ethical rules for prosecutors, together with recommendations for improvement and a list of feasible, actionable, realistic and measurable recommendations for the different actors (Verkhovna Rada of Ukraine, All-Ukrainian Conference of Prosecutors, the PGO, regional and local PPOs, NPAU).

Specifically, he/she will contribute by providing to the international expert knowledge of the Ukrainian context by:

1) Analysing national legislation and regulations on ethics and conduct of prosecutors and of applicability in Ukrainian context of recommendations proposed by the international expert, based on international standards in the area of prosecutorial ethics;

2) Analysing the Code and key ethical principles for prosecutors (current Ukrainian Code and principles as compared to the international practices). Evaluation of amendments to the Code proposed by different stakeholders in the lead-up to the recent All-Ukrainian Conference of Prosecutors (20-21 December 2018).

3) Providing to the international consultant feedback on applicability of international practices of official interpretation of the rules of prosecutorial ethics for prosecutors as well as for other legal professionals (judges, prosecutors and defence counsels) and on measures required to introduce similar mechanism in regards to prosecutors in Ukraine;

4) Presenting to the international expert, for the analysis, the existing practice in Ukraine of the enforcement of disciplinary responsibility against prosecutors for non-compliance with ethical provisions based on case studies of all instances of the justice system, including the High Council of Justice and appellate instances with specific focus on:

      4.1 Case-law of the QDCP with regard to breaches of prosecutorial ethics during service and out-of-office activity;

      4.2 Case law of appealing decisions of the QDCP by complainants, including cases where the QDCP failed to authorise such appeal;

      4.3. Assessment of such definitions as ‘systematic or single grave breach of rules of prosecutorial ethics’ as defined in Article 43 of the Law of Ukraine ‘On PPO’, delineation and practical implementation of these terms.

This should be accompanied with a comparison of Ukrainian and international practices concerning the liability of prosecutors for violation of ethical rules;

5) Providing to the international consultant information on available training programmes (both initial and advanced) on ethics available for prosecutors in Ukraine, and provide feedback to the recommendations of the international consultant on his/her recommendations on the most effective approaches which would allow the NPAU to become the platform to deliver regular training on ethics, using its in-house capacity and different modes of training, including online and face-to-face delivery (in regional and local PPOs). The Consultant will be expected to analyse the following:

- curricula and structure of the current courses/modules/lectures on ethics;

- capacities and gaps of the NPAU to deliver relevant training on ethics in-house, online and in the field (in regional and local PPOs);

- current percentage of prosecutors who receive training on ethics and how the knowledge is applied in practice;

6) Analysing existing guidelines, handbooks, booklets on the Code. Supporting the international consultant in the development of illustrative guidelines for the Code as recommended by the GRECO Fourth Evaluation Report[1];

7) Analysing correlation of ethical requirements for prosecutors with other legal professionals (e.g. behaviour in social networks) in the context of the initiative to develop a single common Code of Ethics for all legal professionals (prosecutors, judges, defence counsels)[2]. Providing comments to the recommendations from the international expert on development of cross-cutting standards and principles for conduct of legal professionals during court trials as well as those indirectly related to their professional activity (scientific and research activity, communication on the Internet).

Initially, the draft report will be shared with the above-mentioned stakeholders and finalized by the consultants based on comments received.

The Consultant, jointly with international consultant, will present the report at a round-table organized by the PRAVO Police project.

DELIVERABLE 2: Development of a train-the-trainers course aimed at promoting the implementation of the Code and related training materials

Content

The objective of the assignment is to train a pool of trainers on prosecutorial ethics who will conduct follow-up training and transfer received knowledge to prosecutors at both national and regional level. This activity will be informed by the results of the assessment of available training courses (see Deliverable 1) and delivered in coordination with the NPAU and in consultation with the PGO, QDCP, Council of Prosecutors and EUAM.

Under leadership of the international consultant, the Consultant will be expected to contribute to development and deliver the train-the-trainers course; specific tasks will be to:

1) Contribute to producing the structure and outline of the train-the-trainers course. The content will cover the fundamentals of prosecutorial ethics and practical aspects of implementation of the Code, supported by examples and practical exercises. The following aspects should be covered in the course: impartiality and neutrality, integrity, transparency, non-discrimination, respect of human rights, conflict of interest, relations with other actors in the criminal justice chain (LEAs, justices, defense counsels); observing discretion and reserve, liability of prosecutors for violation of ethical rules. The course should also cover the basics of group learning and facilitation techniques for the teaching of ethics to the trainees both with and without experience of teaching (that is, both for the lecturers of the NPAU, and for prosecutor-practitioners). The structure and the outline shall be approved by the PRAVO Police project and endorsed by the NPAU;

2) As requested by international consultant, contribute to producing detailed course materials and scripts (or step-by-step guideline for trainers) of the train-the-trainers course, including a methodological outline, handouts, slides, practical tools/exercises, pre- and post-training assessment forms. The drafts shall be subject of approval by the PRAVO Police project and endorsed by the NPAU;

3) As requested by international consultant, contribute to developing user-friendly training materials with illustrative examples and guidelines;

4) Deliver six (6) train-the-trainer sessions on prosecutorial ethics using the developed course and materials for the target group identified by the PRAVO Police project jointly with the PGO and the NPAU. The venue and logistical arrangements for the training will be arranged and reimbursed by the PRAVO Police project separately.

Since the target audience is Ukrainian speaking, PRAVO Police will cover the cost of translation of the course materials into Ukrainian, as well as ensure interpretation during the train-the-trainers sessions, if necessary.   

Tentative timeline for the delivery of the assignment

• Draft analytical report developed

• Final analytical report developed

• The final report presented at the round table

Deliverable 2. Deadline: March-May 2020

• The structure and outline of the train-the-trainers course developed, submitted to PRAVO Police

• Detailed course materials and scripts produced, submitted to PRAVO Police

• User friendly training materials with illustrative examples and guidelines produced, submitted to PRAVO Police

• Six (6) train-the-trainer sessions on prosecutorial ethics delivered by the Consultant

The outputs delivered by the Consultant will essentially contribute to the implementation, by the Project, of the ongoing Support Package ‘Prosecution’ whose Recipient is the PGO. The outputs are aligned to the most urgent needs of the national partners as well as with the priorities of the reform processes in Ukraine.

The professional ethics and professional conduct of public prosecutors will be strengthened and procedures for the management of conflict of interests and management of corruption risks within the prosecution service will be enhanced. This will be achieved through the provision of expert support for the revision of the Code of Professional Ethics and Conduct of Prosecutors and enhanced use of disciplinary proceedings that will ensure alignment with EU best practice and the international standards.

Improvement will be enabled through the design and delivery of training programmes related to the Code of Professional Ethics and Conduct of Prosecutors, disciplinary proceedings and the development of guidelines that will facilitate their implementation. The PGO’s internal Anti-Corruption strategy will be better implemented and its implementation will be monitored.

Eventually, the delivery of the full scope of the planned activities will contribute to increased efficiency and transparency in the functioning of the prosecution service in Ukraine, as well as improving public trust in the institution.

Successful delivery of the interventions, in coordination with all stakeholders, will ensure sustainability of the Project’s outputs.

• A Master's degree in Law;
• A Bachelor's degree with two additional years of relevant experience may be considered in lieu of the Master’s degree.

• Minimum five (5) years with Masters’ degree (or seven (7) years with Bachelor’s degree) of progressive relevant for the assignment experience in the area of Rule of Law, governance, anticorruption or similar is required;
• Experience of working for international projects would be an asset;
• At least three relevant examples of previous experience in development and delivery of train-the-trainers courses to representatives of the Government or experts/practitioners;
• At least three examples of analysis of the national legislation with the aim of making recommendations to the national stakeholders in the area of rule of law, anticorruption or similar;
• Experience in the area of professional ethics of judges, prosecutors or defence counsels would be an asset.

• Fluency in English and Ukrainian is required.
• Fluency in Russian is desired.

Contract type: Local ICA Specialist (LICA), Retainer Contract level: LICA 10
Contract duration: Short-term ICA – up to 70 working days

THIS IS A LOCAL POSITION FOR WHICH ONLY APPLICANTS WITH UKRAINIAN NATIONALITY OR WITH THE RIGHT TO LIVE AND WORK IN UKRAINE ARE ELIGIBLE FOR CONSIDERATION. 


For more details about the ICA contractual modality, please follow this link:

https://www.unops.org/english/Opportunities/job-opportunities/what-we-offer/Pages/Individual-Contractor-Agreements.aspx 

• Please note that the closing date is midnight Copenhagen time. 
• Applications received after the closing date will not be considered. 
• Only those candidates that are short-listed for interviews will be notified. 
• Qualified female candidates are strongly encouraged to apply. 
• Work life harmonization - UNOPS values its people and recognizes the importance of balancing professional and personal demands. We have a progressive policy on work-life harmonization and offer several flexible working options. This policy applies to UNOPS personnel on all contract types
• The incumbent is responsible to abide by security policies, administrative instructions, plans and procedures of the UN Security Management System and that of UNOPS.  

It is the policy of UNOPS to conduct background checks on all potential recruits/interns.  Recruitment/internship in UNOPS is contingent on the results of such checks.

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Work life harmonization

UNOPS values its people and recognizes the importance of balancing professional and personal demands.