Радник/ця з юридичних питань до Міністерства Закордонних Справ України (Консультант/ка)

Annex 2 – TERMS OF REFERENCE

FOR THE CONSULTANCY CONTRACT OF: Legal Expert at the Ministry of Foreign Affairs of Ukraine (Consultant)

1. Duty Station of the Consultancy: Kyiv, Ukraine
2. Duration of Consultancy: 6 months (with possibility of extension subject to availability of funds and satisfactory job performance)
3. Nature of the consultancy: Category А

Under the overall supervision of the Chief of Mission (CoM) and the direct supervision of the Senior Programme Manager (MBG), and in close coordination with the Senior Project Specialist, the Consultant will work in close cooperation with the MFA Chief Digital Transformation Officer (CDTO) Office and MFA Department for Consular Services (DCS). Considering the lack of capacity in MFA, the Consultant will provide support in conducting professional legal gap analysis and delivering recommendations on the necessary legal changes to support the provision of the legal basis regulating the functioning of the ITC solutions (e.g. modernized E-consul). It is expected that after MFA endorses recommendations, the Consultant will support legal drafting.

One of the specific objectives of the EU-funded IOM-implemented project “EU Support to Strengthening IBM in Ukraine (EU for Solidarity Lanes and IBM – EU4SLIBM), within which the Consultant will operate, is to enhance the resilience and business continuity of Ukrainian IBM actors, including the Ministry of Foreign Affairs (MFA), and their preparation for EU integration through continued technical and policy development support.   

The Consultant’s successful execution of tasks under the project will contribute to the improvement of the national legislation regulating the functioning of selected MFA ICT solutions and, in general, contribute to the alignment of Ukrainian legislation with the EU acquis.

1. Project Context and Scope:

Continued IBM advancements by Ukrainian migration and border authorities are implemented in line with EU standards and international good practices to better address new challenges in the context of the Russian war against Ukraine and support Ukraine’s path to EU integration and Schengen preparation. The interventions within the project will essentially help implement priority digitalization steps to modernize, improve and protect the information and communication systems of the MFA which will lead to the provision of better-quality consular services in line with the overall vision of MFA digital transformation. The precondition for full-capacity functioning of modernized ITC solutions is the availability of adopted legislation regulating operation of the implemented solutions.

IOM Project to which the consultancy is contributing: “EU Support to Strengthening IBM in Ukraine (EU for Solidarity Lanes and IBM – EU4SLIBM).

1. Organizational Department/Unit to which the Consultant is contributing: MBG Unit;
2. Tasks to be performed under this contract: Category A Consultancy
3. Analyse the ToRs, technical specifications of modernized e-Consul ITC solution and if necessary of other MFA-run ITC solutions, falling under the scope of EU4SLIBM project, in light of the conformity of the issues significant for legal settlement (status of the system, functions, tasks, interoperability with other systems/sub-systems/databases, data exchange with other systems/sub-systems/databases, structure, data protection rules applied, ) with the legislation in force (legal gap analysis). Should non-conformity or other legal gaps be identified, formulate recommendations regarding necessary amendments to the legal and regulatory framework.
4. Endorse legal recommendations with the IOM project legal team, and present those to the relevant MFA DCS staff, and the MFA CDTO office.
5. If required, develop relevant legal drafts aimed at establishing an adequate legal basis for the ITC solutions. Coordinate such activities with the IOM project legal team, relevant MFA DCS staff, and MFA CDTO office.
6. Draft procedures for processing personal data by ITC solutions;
7. Prepare monthly progress reports on performed activities and share those with the IOM project legal team.
8. Perform such other duties as may be assigned.
9. Performance indicators for the evaluation of results

• Written legal gap analysis reports of the conformity of the issues significant for legal settlement specified in the ToRs, technical specifications of the e-Consul ITC solution and other ITC solutions for MFA (status of the system, functions, tasks, interoperability with other systems/sub-systems/databases, data exchange with other systems/sub-systems/databases, structure, data protection rules applied, etc.) with the legislation in force;
• Recommendations regarding necessary amendments to the legal and regulatory framework to ensure conformity of the ITC solutions are formulated, presented to MFA and endorsed by IOM;
• Draft normative acts on modernized or newly developed ITC solutions (ITC systems/databases/sub-systems), falling under the scope of EU4SLIBM are developed;
• Draft procedures for processing personal data by ITC solutions are developed;
• Legal drafts are presented and discussed with MFA, endorsed by IOM;
• Monthly progress reports are submitted to IOM.

1. Education, Experience and/or skills required

• Advanced Degree in Law with at least five years of experience.
• Practical experience in drafting of laws and bylaws (regulations) supporting the provision of the legal basis for government-owned databases, ITC systems, and ITC solutions.
• Knowledge of the latest trends in legal drafting for government-owned ITC systems and ITC solutions.
• Knowledge of the process of the adoption of national legislation.
• Experience of work as a lawyer responsible for legal drafting of regulations on ITC systems, databases, ITC solutions in the government sector is desirable.

1. Travel required

Travel might be required on the request. No frequent travel is necessary.

1. Competencies

Values

• Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
• Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
• Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.

Core Competencies – behavioural indicators

• Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
• Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action-oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge: continuously seeks to learn, share knowledge and innovate.
• Accountability: takes ownership for achieving the Organization’s priorities and assumes responsibility for own action and delegated work.
• Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring and motivational way.

1. Other

Any offer made to the candidate in relation to this vacancy notice is subject to funding confirmation.  

Appointment will be subject to certification that the candidate is medically fit for appointment and security clearances.  

A prerequisite for taking up the position is legal residency in the country of the duty station and work permit, as applicable. 

1. How to apply:

Interested candidates are invited to submit their Personal History Form and cover letters or CVs with names and contacts of three referees to [email protected] with subject line “Legal Expert at the Ministry of Foreign Affairs of Ukraine (Consultant)” by 17 June , 2024 at the latest.   

Only shortlisted candidates will be contacted.  

1. Posting period:

From 04.07.2024 to 17.07.2024