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Expert on Methodology of Specialisation of Prosecutors and Cases Assignment

Kyiv

  • Organization: UNOPS - United Nations Office for Project Services
  • Location: Kyiv
  • Grade: Mid level - LICA-11, Local Individual Contractors Agreement
  • Occupational Groups:
    • Security
    • Scientist and Researcher
  • Closing Date: Closed

Background Information - Job-specific

The United Nations Office for Project Services (UNOPS) helps the United Nations (UN) and its partners provide peace and security, humanitarian, and development solutions. UNOPS services cover infrastructure, project management, procurement, financial management and human resources. 

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 PRAVO-Police project seeks to address this issue by: 
  • assessment of the current model(s) of case assignment and of the need to establish specialisation amongst prosecutors in the prosecution service in Ukraine, 
  • providing recommendations on a common model across all departments of the OPG dealing with procedural management,
  • providing advice on the implementation of the model. 
Finally, this activity includes provision for expert support to the OPG for development and implementation of the agreed methodology and necessary tools for assignment of the cases and specialisation of prosecutors. Adoption of such a model and advice on its practical implementation will, in turn, enable an increase in the capabilities of prosecutors in combating all types of crime. Taking into account the specific role of prosecutors, who guide criminal investigations as procedural managers, the specialised prosecutors will also work closely with other law enforcement agencies on the cases within their thematic expertise, thereby sharing good practice.

Functional Responsibilities

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.

At the first Stage, the Consultant will engage in consultation with representatives of the OPG, 1-2 regional and 2-3 local PPOs to identify how case assignment is being performed now, and will draft a short report with a summary covering the following: 

  • Normative regulations and internal instructions which relate to: (a) the procedure for case assignment for prosecutors, (b) specialisation of prosecutors, (c) case distribution between structural units of the OPG, regional and local PPOs. 

  • Feedback from the OPG, regional and local PPOs on the benefits and gaps in the current model.  

  • Categories of crime which are most frequent or most significant thus requiring being singled out as an area for specialisation. 

  • Examples of solutions or similar issues in the EU Member States, relevant for the context of Ukraine; EU experience using the eCMS to assign cases and monitor the workload.

  • Proposed recommendations to the OPG on Methodology of case assignment and specialisation of prosecutors.

The Consultant will proceed to the second Stage upon receiving approval of the report by the Deputy Programme Manager (Operations) of the PRAVO-Police Project, who will seek advice from EUAM on its quality.

At the second Stage, the Consultant will engage in discussion on this draft report with the OPG, regional and local PPOs and EUAM and will further elaborate the report based on feedback received. As an outcome to this Stage, the Consultant will develop a Final Report with recommendations which will include: 

  • Specific actionable solutions to operationalise those recommendations at the institution. 

  • Legal or internal regulations which need to be amended. 

  • The concept of a procedure for case assignment, specialisation of prosecutors and tools to support it (possibly, draft Standard Operating Procedures (SOPs) and practical guidelines.   

  • Areas for which specialised prosecutors' positions need to be established in the OPG, regional and local PPOs.

  • The need to introduce professional training and the best approach and institution to train these prosecutors in the identified specialisms.  

The Final Report will be approved by the Deputy Programme Manager (Operations) of the PRAVO-Police Project, who will seek the opinion of EUAM experts on its quality.

The services are expected to be delivered according to the schedule, which will be agreed with the national partners. Specifically, the following outputs will be expected from the Consultant:

First Stage (up to 25 working days):

- The relevant Ukrainian legal and regulatory framework is analysed.

-  Meetings with the representatives of the OPG, regional and local PPOs are organised in agreement with and with support from PRAVO-Police.  

- Following meetings with national partners and EUAM, the tailored practical advice is provided in the draft report.

- The Consultant presents the draft report to the OPG, EUAM and PRAVO-Police. 

Second Stage (up to 25 working days):

- The Consultant will address the comments to the draft report and comments obtained from the consultations in the Final Report. The report should capture all aspects listed in section 2 above. Acceptance of the report will be confirmed by the Deputy Programme Manager (Operations) of the PRAVO-Police Project, who will seek the opinion of the EUAM experts on the quality of the report and whether it fits the purpose of the assignment. 

The consultations, discussions and meetings can take place either through personal meetings or through internet-based meetings.

Monitoring and Progress Controls

  • The tasks will be performed in close coordination with the stakeholders, thus ensuring the final product meets the expectations of the OPG, UNOPS and EUAM. 

  • The fulfilment of each task will be confirmed by the focal point at OPG and, consequently, by the Deputy Programme Manager (Operations) of PRAVO-Police and EUAM.

Education

  • 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.

Experience

  • 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.

Languages

  • Fluency in Ukrainian and Russian is required.  Basic knowledge of English required.


Competencies

Develops and implements sustainable business strategies, thinks long term and externally in order to positively shape the organization. Anticipates and perceives the impact and implications of future decisions and activities on other parts of the organization.
Treats all individuals with respect; responds sensitively to differences and encourages others to do the same. Upholds organizational and ethical norms. Maintains high standards of trustworthiness. Role model for diversity and inclusion.
Acts as a positive role model contributing to the team spirit. Collaborates and supports the development of others. Acts as positive leadership role model, motivates, directs and inspires others to succeed, utilizing appropriate leadership styles.
Demonstrates understanding of the impact of own role on all partners and always puts the end beneficiary first. Builds and maintains strong external relationships and is a competent partner for others (if relevant to the role).
Efficiently establishes an appropriate course of action for self and/or others to accomplish a goal. Actions lead to total task accomplishment through concern for quality in all areas. Sees opportunities and takes the initiative to act on them. Understands that responsible use of resources maximizes our impact on our beneficiaries.
Open to change and flexible in a fast paced environment. Effectively adapts own approach to suit changing circumstances or requirements. Reflects on experiences and modifies own behavior. Performance is consistent, even under pressure. Always pursues continuous improvements.
Evaluates data and courses of action to reach logical, pragmatic decisions. Takes an unbiased, rational approach with calculated risks. Applies innovation and creativity to problem-solving.
Expresses ideas or facts in a clear, concise and open manner. Communication indicates a consideration for the feelings and needs of others. Actively listens and proactively shares knowledge. Handles conflict effectively, by overcoming differences of opinion and finding common ground.

Contract type, level and duration

Contract type: INDIVIDUAL CONTRACTOR AGREEMENT

Contract level: LOCAL SPECIALIST 11

 Contract duration: RETAINER UP TO 50 working days. Extendable subject to programme and organizational requirements, funding availability and satisfactory performance.


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 

Additional Considerations

  • 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.
  • UNOPS seeks to reasonably accommodate candidates with special needs, upon request.
  • 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
  • For retainer contracts, you must complete a few Mandatory Courses (around 4 hours) in your own time, before providing services to UNOPS.
  • 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.

Background Information - UNOPS

UNOPS is an operational arm of the United Nations, supporting the successful implementation of its partners’ peacebuilding, humanitarian and development projects around the world. Our mission is to help people build better lives and countries achieve sustainable development.

UNOPS areas of expertise cover infrastructure, procurement, project management, financial management and human resources.

Working with us

UNOPS offers short- and long-term work opportunities in diverse and challenging environments across the globe. We are looking for creative, results-focused professionals with skills in a range of disciplines.

Diversity

With over 4,000 UNOPS personnel and approximately 7,000 personnel recruited on behalf of UNOPS partners spread across 80 countries, our workforce represents a wide range of nationalities and cultures. We promote a balanced, diverse workforce — a strength that helps us better understand and address our partners’ needs, and continually strive to improve our gender balance through initiatives and policies that encourage recruitment of qualified female candidates.

Work life harmonization

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


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